Last Updated 1/5/2026
 

By signing this Agreement and submitting payment (deposit or paid in full), you (“Client”) agree to retain Kimberly Sheller of Kimpeccable Designs (“Service Provider”) to provide branding and/or web design services as part of a Kimpeccable Design Intensive, under the terms outlined below.

 

Scope of Services

During each Kimpeccable Design Intensive day booked, the Service Provider will devote up to eight (8) total hours to the Client’s project. Most projects require multiple intensive days, typically ranging from two (2) to five (5) days, depending on scope, complexity, and deliverables. Each booked intensive day includes up to eight (8) hours of design and development time.

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Any time required beyond the hours included in the booked intensive day(s), including additional edits or revisions, will be billed at the Service Provider’s current hourly rate based on actual time spent.

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Each full project booking includes:

• One (1) 30-minute design strategy call

• Thirty (30) minutes of post-design “fix” support (if needed)

• Thirty (30) days of post-intensive email and messaging support

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Work is typically performed between 9:00 AM – 5:00 PM ET on weekdays. Work location and scheduling are determined by the Service Provider.

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Half-Day Intensive

If purchasing a half-day intensive, the Service Provider will devote up to four (4) hours of design time to the project, along with fourteen (14) days of post-design support. Any time required beyond this will be billed at the Service Provider’s current hourly rate.

 

Creative Control

You understand and agree that: 

• Each project has unique goals, direction, budget, and 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 familiar with the Service Provider’s style, portfolio, and aesthetic prior to booking.

• Final review and proofreading of all deliverables is the Client’s responsibility.

• The Service Provider may use professional judgment in executing designs, which may not strictly adhere to all client suggestions but will reflect the overall agreed vision.

 

Post-Design Support

During your included support period, you may contact the Service Provider with questions related to the work completed during your Design Intensive. Support may be provided via email, text, or video tutorials.

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Support is limited to guidance, troubleshooting, and clarification related to the work completed during the Design Intensive and does not include ongoing consulting, strategy, development, design modifications, or new project requests.

 

Any work beyond the original scope will require booking an additional Design Intensive or half-day session.

 

Payment Terms

Payment for Kimpeccable Design Intensive services is $1,350 per full day.

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Clients may choose from the following payment options:

• Pay in Full — Save 10%. Clients who pay in full at the time of booking receive a 10% discount, for a total investment of $1,215 per full day.

• 50% Deposit + Balance at Launch. Clients may pay a 50% deposit at booking, with the remaining balance due upon publication of the website. For the purposes of this Agreement, “publication” means the website is live on the Client’s domain or staging link and accessible for public viewing.

• Monthly Payment Plan.  Clients may request a monthly payment plan, with the number of installments determined based on the total project investment. Payment plan terms will be outlined and agreed upon in writing prior to project commencement.

 

The Service Provider’s current hourly rate is $150 per hour unless otherwise stated in writing.

 

Project Scheduling + Start of Work
Work will not begin, and project scheduling will not be confirmed until the initial payment has been received and cleared.

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All payments must be completed in full prior to the transfer of website ownership, as outlined in the Design Ownership & Website Transfer sections of this Agreement.

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Additional services, project expansions, or time beyond the scope of the booked intensive days will be billed separately at the Service Provider’s current daily, half-day, or hourly rates.
 

Project Pause Policy

If any payment becomes past due, missed, or declined, all project work, timelines, communication, and support will be automatically paused until the account is brought current.

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During any pause period:

• Project timelines will be extended accordingly.

• Scheduled work sessions may be rescheduled at the Service Provider’s availability.

• Previously reserved project dates are not guaranteed once work resumes.

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The Service Provider shall not be responsible for delays caused by paused projects due to non-payment.

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Abandoned Project Policy

If the Client becomes unresponsive, fails to provide required materials, approvals, or feedback, or otherwise delays the project for fourteen (14) consecutive days or more, the project will be considered abandoned.

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In the event a project is deemed abandoned:

• All work will cease.

• Any payments made up to that point shall remain non-refundable.

• Remaining balances will remain due according to the original payment schedule.

• The Client must rebook a new Design Intensive at the Service Provider’s current rates to resume work.

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The Service Provider is not responsible for delays, missed deadlines, or business impact resulting from project abandonment.

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Domain & Hosting

Domain registration and website hosting fees are the sole responsibility of the Client.

 

Cancellations, Transfers & Scheduling

All purchases are non-refundable.

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Design Intensives may be transferred to a new date or service with a minimum of 7 days’ written notice.

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Deposits are valid for 90 days from the original booking date and must be used within that timeframe. If the project is not scheduled or completed within 90 days, the deposit will be forfeited.

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If rescheduling beyond 90 days is requested, the original deposit may, at the Service Provider’s discretion, be applied toward a new booking at the current Design Intensive rate, which may differ from the original price.

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Early Termination Fee

If the Client chooses to terminate this Agreement after work has commenced, the Client agrees that all payments made are non-refundable and that any outstanding balances for work completed and time reserved shall remain due and payable.

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Due to the custom and time-intensive nature of the services, early termination results in lost business opportunities for the Service Provider. Therefore, the Client acknowledges and agrees that:

• Deposits and completed payments compensate for time, strategy, creative development, scheduling, and opportunity cost.

• No partial refunds will be issued for unused time or incomplete project phases.

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Upon termination, all rights to incomplete or unfinished work remain the property of the Service Provider until full payment is received.

 

Client Responsibilities

To ensure the timely completion of your project, you agree to:

• Respond promptly to requests for approvals, feedback, access, and materials

• Provide accurate and complete information required for the project

• Notify the Service Provider of any known scheduling conflicts or extended unavailability

Delays caused by the Client may result in timeline adjustments.

 

Client-Provided Content & Intellectual Property

By providing text, logos, images, fonts, artwork, or other materials, you confirm that you own the rights or have permission to use them. You agree to indemnify and hold harmless the Service Provider from any claims arising from materials you provide.

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Service Provider Content Warranty

The Service Provider guarantees that all designs, text, and creative materials produced under this Agreement are original and do not knowingly infringe upon any third-party rights.

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Consent to Use

By submitting reviews, testimonials, images, comments, or tags, you grant Kimpeccable Designs permission to use such content for reasonable future business and marketing purposes, including on the website, social media, promotional materials, and portfolio.

 

File Storage

Digital copies of final designs will be stored until project completion and delivery. After final delivery, the Client releases the Service Provider from any liability for lost or damaged files.

 

Site Credit

"Site Credit" linked to the Kimpeccable Designs website will be displayed in the website footer and may not be removed. Removal is available for a fee of $500 and must be requested prior to project delivery.

 

Design Ownership

All designs are considered work made for hire and will become the sole and exclusive property of the Client upon payment in full. At that time, the Client shall own all rights, titles, and interests in the Content.

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The Client may not publicly use or display any deliverables until the full project balance has been paid.

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The Service Provider retains the right to showcase completed work in portfolios, marketing materials, case studies, and demonstrations.

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Website Ownership + Transfer (Payment Plans)

If the Client elects to pay via a payment plan, the Website may be designed, developed, and launched with the Client added as an Administrator for content management and day-to-day site operations. However, transfer of full Website ownership (Wix “Site Owner” role) will not occur until all payments have been received in full and the final balance has cleared.

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Until payment is complete, Kimpeccable Designs will remain the Site Owner of record.

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In the event of missed, failed, or delinquent payments, the Service Provider reserves the right to pause services, restrict access, suspend hosting-related services, and/or temporarily disable the Website until payment obligations are fulfilled.

 

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 necessary, they will be accepted only if submitted in writing and agreed to 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 Provider's residence.

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Limitation of Liability

To the fullest extent permitted by law, Kimpeccable Designs shall not be liable for any indirect, incidental, special, consequential, or business-related damages, including but not limited to lost profits, lost data, loss of business, or website downtime, arising out of or related to the Services provided under this Agreement.

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The Client agrees that the Service Provider’s total liability, if any, shall not exceed the total amount paid by the Client under this Agreement.

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No Guaranteed Results Disclaimer

The Service Provider does not guarantee specific business outcomes, including but not limited to increases in traffic, leads, sales, or revenue.

Technology Disclaimer

The Service Provider shall not be responsible for issues arising from third-party platforms, hosting providers, plugins, or software limitations.

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No Legal or Regulatory Compliance Guarantee
The Service Provider does not provide legal, medical, financial, or regulatory compliance advice and does not guarantee that any website or content produced complies with industry regulations, including but not limited to HIPAA, ADA, GDPR, or accessibility laws. The Client is solely responsible for ensuring regulatory compliance applicable to their business and industry.

 

Force Majeure

Neither party shall be liable for delays or failure to perform due to circumstances beyond reasonable control, including natural disasters, cyber incidents, power outages, epidemics, or acts of God.

 

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

This Agreement constitutes the full understanding between both parties and supersedes all prior discussions or agreements. By signing and submitting payment, you acknowledge acceptance of these Terms of Service.