We're not really into legal mumbo jumbo, but obviously it's a good idea to put forth a few rules that will keep both our clients and our agency happy and healthy. Here are our official terms and conditions (last updated September 2011) for your reading pleasure.
All services provided by Kiwi Creative shall be for the exclusive use of the client (other than for the agency's promotional use). Upon payment of all fees and expenses, client will gain full rights to all final designs. Native files will be provided on request; however, rights to all third-party assets, including but not limited to photography, illustration or fonts purchased from a stock agency on the client's behalf, remain with the agency.
We reserve the right to photograph, distribute and/or publish for our agency’s promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media. (See confidentiality section, below.)
Estimates: All estimates are valid for 30 days. Client requested changes above and beyond those specified in the proposal will be billed additionally. The client will be notified of any price changes.
Out of Pocket Expenses: Unless otherwise stated, fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. These are subject to standard agency mark-up.
Deposits: A non-refundable deposit equal to 50% of the estimate is required for all first-time clients. Repeat customers are subject to deposits for new projects on a case-by-case basis.
Cancellations: If work on a project has been stopped for more than 90 days, the project will be considered canceled by our agency. Additionally, a client may cancel a project by giving written notice. All canceled projects will be billed for 50% of the estimate (if no deposit was collected) or our standard hourly rate for all work completed to-date, whichever is greater. The agency retains the rights to all canceled projects.
Invoices: All invoices are Net 30. All payments must be made by a standard check or an eCheck via PayPal Business. We do not currently accept credit cards.
Late fees: If the final invoice is not paid within 30 days, a 5% “late fee” will be charged. This initial 5% figure will be added upon each recurring 30 day period until the full amount has been received by the agency.
Revisions: All estimates include a reasonable number of revisions. We will notify the client in advance if requested changes will go over and above this threshold and quote any applicable fees. After this additional amount is agreed to by both parties, work will proceed on the project.
Confidentiality: We love to share our work with fans via social media and the web. Should a project require confidentiality, clients are required to notify us in writing before work begins.
Indemnity: The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.
Errors and Omissions: It is the client's responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Kiwi Creative is not liable for errors or omissions. Client's written approval, or that of an authorized representative, is required on all mechanicals or artwork prior to release for printing or other implementation.
