V3.0 18-06-21
The following terms and conditions have been put in place by Kay Creative for the purposes of protecting the designer and the client during their working relationship. To ensure everyone understands their duties, rights and responsibilities.
Quotations
Quotations are based upon information provided by the client to Kay Creative. Quotations are priced on knowledge, experience, labour and value of the project. Quotations are valid for one calendar month from the date on the quotation form.
Revisions & Alterations
At any time during the project if additional work is requested by the client which is outside of the original agreed brief this will be chargeable. The client will be clearly notified of the additional charges and will have to approve before further work proceeds.
General alternations to design work should be sent in batches, however there is a limitation of three batch revisions, this is to prevent unnecessary lengthy alterations. Any revisions made after this will be chargeable.
Approval of Artwork
It is the responsibility of the client to ensure all presented copy and content is correct before final approval of artwork. Although every attempt will be made to identify problems during the proofing process, Kay Creative cannot be responsible for published or printed artwork that contains errors.
Payment & Invoicing
Kay Creative requires 50% non-refundable deposit to be paid and received by Kay Creative before a project can be scheduled. This is required not only as a sign of commitment from the client but to also allow coverage of expenses while working on the project. The remaining balance is payable upon completion of the project, before deliverables are sent to the client. Final payment is due as soon as possible and no later than one calendar month from the date on the invoice. However, full payment for printing of artwork is required upfront, before the files are sent to print.
Kay Creative prefers to receive payment by electronic bank transfer, however other methods of payment such as cheque or cash are accepted.
Artwork Files
Upon completion of the project and once full payment is received, Kay Creative will provide the client with the appropriate high resolution file. Kay Creative is happy to send the client the editable design file if requested, licensing restrictions within the file permitting.
Copyright
Artwork, designs and ideas created by Kay Creative are owned entirely by Kay Creative until the project has been paid in full. However, Kay Creative can use any artwork produced for self-promotion.
It is the responsibility of the client to gain approval to reproduce any images, artwork, photos or logos and any other necessary legal clearance of materials that you provide to Kay Creative. Kay Creative is not liable to any claim or dispute between the client and a prosecutor as a result of any infringement.
Right To Project Refusal
Kay Creative reserves the right to refuse any project which Kay Creative may judge unfit due to content, moral values, clients behaviour or for any other reason.
Project Timelines
As each project is different, the time which it takes to complete will vary. Kay Creative will discuss with the client the project requirements and deadlines to create an appropriate production schedule. Kay Creative will strive to ensure quality and timely delivery of all projects. Although every endeavour will be made, Kay Creative cannot guarantee to meet client deadlines.
Cancellations
If the client wishes to cancel a project that has already begun, payment for work already completed will be invoiced.
Projects which have begun, but have then been abandoned by the client and remain inactive after a period of 90 days will be invoiced for work completed and the project will be terminated. If the client wishes to re-open a previously terminated project at a later date, this will then be treated as a new project and quoted accordingly.
Website Development
Modern websites are designed and built to work with the most popular browsers, operating systems and devices. However, Kay Creative cannot guarantee correct functionality within all browsers, operating systems and devices.
Whilst Kay Creative does complete website backups upon project completion, assurances cannot be made to protect a client’s website files from losses as a result of server failure, security or damage.
It is the client’s responsibility to ensure their website is updated to the latest software, maintained, backed up, compliant with GDPR and the latest website laws and statutory requirements that govern the content and functionality of a website.
Website Domain(s) & Hosting
Payment and renewal of website domain name(s) and/or hosting services is the responsibility of the client. Kay Creative is not liable for the loss, cancellation or otherwise availability of a domain name due to late or non payment. Websites may be suspended automatically if its domain and/or hosting fee is not paid on time. The client should keep a record of the due dates for domain renewal and hosting renewal services, to ensure that payment is made in plenty of time to avoid disruption to their website and business.
It is the client’s responsibility to ensure their website is updated to the latest software, maintained, backed up, compliant with GDPR and the latest website laws and statutory requirements that govern the content and functionality of a website.
Print Management
When handling the print production on behalf of the client, Kay Creative cannot in any way be held responsible for performance of the printing companies, quality or delivery of printed products.
Liability
Kay Creative carries out all projects to a high standard. However, Kay Creative cannot guarantee that work will be error-free and therefore cannot be liable to the client or any third-party. This includes, but is not limited to loss or damage caused by; inaccuracy, delay or omissions. Lost assets, lost profits, lost savings or other incidental, consequential or special damages.
These Terms & Conditions
Kay Creative reserves the right to alter these terms and conditions at any time.
Acceptance of Terms & Conditions
By choosing to proceed with Kay Creative, the client accepts these terms and conditions.
Subscribe to Kay Creative’s mailing list for the latest design and marketing related tips, advice and discounts.