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Last Updated 6/26/24
 

By checking the agreement box & paying a deposit at minimum, you ("Client") agree to retain Kimberly Sheller of Kimpeccable Designs ("Service Provider") to proceed with branding and/or design services for a Kimpeccable Design Day and agree to the terms and conditions as set forth in this Agreement.

 

During your Kimpeccable Design Day, the Service Provider agrees to devote up to 8 hours to the project(s) agreed to before the design day, as well as a 30-minute design strategy call, 30-min post-design day "fix" support (if needed), and 30 days post-design day email and messaging support. Work will be performed at the Service Provider's offices, but occasionally at other locations, as required. Work priority and scheduling will be at the discretion of the Client. Work will normally occur between the hours of 9a - 5p ET on weekdays. Note: If purchasing a half-day up to 4 hours will be devoted to the project and 14 days of post-design support.

 

Creative Control. You understand and agree that: 

● Every project does not have the same goal, direction, budget, or needs. 

● The designs by the Service Provider are subjective and heavily dependent on our unique style, which may evolve over time with trends or the introduction of new technologies and/or techniques. 

● You are sufficiently familiar with our body of work, style, and aesthetic before entering into this Project, and have reasonable expectations that the designs provided by the Service Provider will be of a similar style and aesthetic. 

● It is your sole responsibility to review and proof final projects carefully for accuracy and omissions. 

● The Service Provider may use my own professional experience and judgment to produce the designs in a way that may not strictly adhere to your suggestions, but closely there too. 

 

During the 30 days of post-design day support, the Client will be able to email or message the Service Provider with any questions or concerns about the work that was performed during the design day and will receive a reply via email, text, or video tutorials.  This support does not cover additional design or website work that exceeds what was done during the intensive. If the Client has additional work that needs to be performed, the Client will have the option to book another Kimpeccable Design Day or a half-day. Note: If purchasing a half-day you will get 14 days of post-design support. 

 

Payment for these services will be to the Service Provider at the rate of $1,200 and will be due at the time of booking this appointment. Client may choose to alternatively pay a 50% deposit, and pay the balance within 24 hours of the appointment date. Note: If purchasing a half-day the rate is $600. 

 

Services in addition to the design day will be made available by the Service Provider at the current daily or half-date rate and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are: stock images, premium font licenses, and 3rd party application services, if needed. 

 

Domain and hosting fees are the responsibility of the Client. 

 

This purchase is non-refundable but may be transferred to another date or service with 7-days prior written notice.  The Client's deposit is valid for 90 days and must be used within that timeframe. In the event the design day fails to occur within 90 days, or the Client fails to request a new date at least 7 days prior to their booked appointment, the deposit will be forfeited, and the design day will be terminated.  If the Client wishes to reschedule beyond 90 days, the original deposit may, at the Service Provider's discretion, be applied to a new booking at the current design day rate, which may or may not be higher than the original booking rate.

 

Client Responsibilities. To ensure that the Project moves forward according to the schedule defined in the scope of a Kimpeccable Design Day, you agree to: 

● Respond promptly to any reasonable requests from the Designer for instructions, approvals, access, feedback, information, and additional resources that are required to provide the Services in a timely manner. 

● Take all steps necessary to prevent any delays on your part in the Designer’s execution of the Services. 

● Notify the Designer of any scheduled extended periods of unavailability or limited Internet access that might affect the schedule of your Kimpeccable Design Day. In such an event, the Parties will mutually determine if a scheduling amendment is needed.

 

By providing text, logos, images, artwork, fonts, designs, and other intellectual property to us, you guarantee that you own the rights to or have permission to use said intellectual property. You agree to indemnify and hold harmless the Designer, its employees, and subcontractors, from any intellectual property infringement claims regarding any and all materials you provide to us.

 

Service Provider guarantees that all designs, text, and all other content created in connection with providing the Services (collectively, the “Content”) produced under this Agreement is original and does not infringe on the rights of any third party.

 

Consent to Use. By submitting reviews, images, comments, testimonials, or tags to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your submissions on our Website, marketing materials, guides, and any other platform not expressed in this Agreement.

 

File Storage. Digital copies of any designs produced under this Agreement will be stored until finalized and delivered to you. After final file delivery, you release the Web Designer from any and all liability for lost or damaged files or designs.

 

Site Credit. 'Created by Kimpeccable Designs' will be added to the website footer and may not be removed. It can only be removed for a fee of $500. Let the Service Provider know if you would like to pay for this removal prior to the delivery of your project. 

 

Design Ownership. The designs are considered work made for hire and is the sole and exclusive property of the Client. As such, you will be considered the sole author for all purposes, including the worldwide right to own and register all copyrights in the Content in your name. If any of the Content does not qualify as work made for hire, we hereby assign to you all rights, titles, and interests to the Content, including all intellectual property rights in them, and irrevocably waive any and all present or future claims with respect to the Content. You understand that you may not publicly use or display any of the Deliverables or the Content until the project balance is paid in full. The above notwithstanding, we retain the right to reveal the Content (as a whole or in part) to showcase our body of work for demonstration and/or marketing purposes, including links and features on our website, portfolio, in case studies, and otherwise.

 

Confidentiality. I understand that you may wish to share some information about your business offerings, the Project, Project Materials, your business strategies, or other information that is not available to the public, confidential, or proprietary in nature (collectively, the "Confidential Information"). I agree to: 

1. Protect and safeguard the Confidential Information disclosed or otherwise made known to me; 

2. Use the Confidential Information only in connection with the Project and according to the guidelines in the agreement; 

3. Refrain from using the Confidential Information in any way that would be detrimental to you; and 

We understand and agree that our obligations under this provision survive termination of this Agreement by either party.

 

Amendments. If modifications or amendments to this Agreement are deemed as necessary, they will only be accepted if submitted in writing and agreed upon by both Parties.

 

Independent Contractor Status. Kimpeccable Designs is an independent contractor of the Client, meaning my working relationship with you is not to be misconstrued as formal employment or a business partnership in any venture. As an independent contractor, Kimpeccable Designs understands they are solely responsible for all taxes and withholdings.

 

Choice of Law. This Agreement and the Parties’ relationship are governed by the laws of the state of Pennsylvania the residence of the Provider.

 

Force Majeure. For any failure or delay by the Designer in providing the Services in a timely manner, or in performing any other term of this Agreement, caused by or resulting from acts or circumstances beyond our reasonable control, we will not be liable or responsible to the Client and will not be considered a breach of this Agreement. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, national emergency, epidemic, pandemic, telecommunications breakdown, or power outages.

 

Transfer + Assignment. You may not transfer or assign any of your rights under this Agreement to any third party without the express written consent of the Designer.

 

Headings for Convenience Only. The headings in this Agreement are included for convenience and reference and are not meant to describe, define, or limit the scope or intent of any provision.

 

Entire Agreement + All Rights Reserved. In concluding this Agreement, you understand and acknowledge that this Agreement constitutes the final agreement and supersedes all previous conversations, understandings, and agreements. The Designer reserves any and all rights not expressly granted in this Agreement. If this Agreement accurately reflects our shared understanding of the terms of our collaboration, please check the box that you agree to in the form after paying your deposit.

Terms of Service

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