Agreement between Kreative Concepts dba Kreative Design / Marketing (KDM) and business or Individual (CLIENT)

identified on this agreement is subject to the following Terms and Conditions.

General Working Agreement 

This document defines the terms and conditions of our working relationship. All services that KDM may be contracted to produce or provide will be subject to the following:

Hourly Rate

CLIENTS will be billed at our current rate of $75.00 per hour with a one (1) Hour minimum, unless otherwise stated. 

Estimates

Estimates will outline the initial itemized fees associated with the CLIENT’S project. CLIENT is responsible for reading their estimate to ensure everything outlined is correct. Estimates are valid for 30 days from date listed. CLIENT will be notified of any price changes once the estimate has expired.

Payment / Working

CLIENTS invoice payment will constitute a legal and binding contract with KDM. Full payment is due to hold your place in our work queue for design related orders. We require full payment up front for any type of order that requires KDM to acquire materials associated with the production of your order. Any work requested by the CLIENT (written or oral) outside what is outlined on the invoice will be added. All balances will be due prior to the release of files, login information or production. 

Late / Non-Payment

Payments that are 30 Days past due are subject to a service fee equal to $50 or 10% of the outstanding balance each month, whichever is greater . Payments that are 60 days past due will be automatically charged to the credit card on file or your account will be sent to collections. We reserve the right to refuse completion or delivery of work until past due balances are paid. 

Rush Fees - Less than standard turnaround

(5 Day) 25%, (3 Day) 50%, (1 Day) 100% - Total before taxes / fees. Rush orders are approved based on our workload at that time. Vendor rush fees or expedited shipping may also be charged based on the CLIENTS requirements.

Accepted Forms of Payment

We accept Cash, Bank Payments (ACH) Business Checks, Zelle® Transfers and *Credit Cards (Visa, Mastercard, Discover). A $30 fee will be issued for all bounced checks and payment must be paid with a credit card going forward.

Discount: We offer a discount on invoices paid in full by Cash, Business Check, Bank Payment (ACH) or Zelle®. Deduct the "CL Fee" listed below the subtotal from the amount due. If there isn't one listed we've already deducted it for you. *Discount does not apply to Credit Card payments.

CLIENT OBLIGATIONS  

CLIENT acknowledges that tangible orders must be in production within 30 days of payment. Should the CLIENT fail to respond to KDM within that time-frame (print-ready art or design directives), a $30 reactivation fee will be charged and the original invoice pricing will be adjust to current rates.

Artwork / Using your own Designer

CLIENTS who provide their own artwork or use their own Designer acknowledge that KDM is not responsible for the the final outcome of their printed order.  KDM will offer printing specs and/or a template to ensure the set-up is correct. KDM will review art files for size, resolution and features outlined on their invoice. If KDM is required to show or instruct the CLIENTS Designer more than once how to set-up the artwork correctly the CLIENT will be charged our listed hourly rate. 

Order Proofing

CLIENTS are responsible for reviewing and approving their orders prior to production (unless they waive it). All proofs are for proofing only, and are not an exact representation of the final product. A proof approval acknowledges that the CLIENT has reviewed the order information, printing method, artwork, colors, spelling, grammar, placement and production turnaround to be correct. CLIENT assumes all responsibilities for any errors once the proof has been approved. Any modifications requested after customer approval will result in production delays and could require additional expenses. Any delays in the approval process longer than 24 hours after receipt of the proof could result in production delays. We do not send proofs when artwork has been provided by the client unless they are requested. 

Order Pick-Up

Due to our lack of storage space, the CLIENT agrees to pick up their order within 30 days of notification. CLIENT will receive 2 notifications during that time via email. Unclaimed orders or CLIENT provided items will be disposed off after 1 year from notification. No refunds or credits will be issued. 

Cancellation / Refunds

CLIENT understands design work (Graphic, Logo or Website Design) already in progress is non-refundable. Pending design work will be refunded minus a 20% cancellation fee. See individual service cancellation policies and fees.

Order Abandonment 

CLIENTS who do not respond to KDM in a timely manner regarding their order after multiple attempts to contact the CLIENT will be considered abandoned after 60 days with no response. The order will be closed out and no refunds or credits will be issued.

LOGO DESIGN

Pricing is based on three (3) logo design packages. All package revisions are done on one (1) of the selected design samples by the CLIENT. The CLIENT may choose one (1) final design to use from the samples created which is included with the package price. Any work beyond the outlined packages will incur our hourly rate. CLIENT owns the rights to use the final artwork for their business and/or organization, once the design has been purchased. If the CLIENT would like to purchase the rights to use other designs (Package 3 or 4), they may do so for a $100 fee for each. CLIENT will receive digital files of the final artwork with compatible print and web files (vector, jpg, png) as well as a brand standards sheet. KDM will retain a copy of all files for the CLIENT.

WEBSITE DESIGN

CLIENT understands the Website will be hosted on our Amazon Web Services secure cloud network (99.9% uptime). Websites must be hosted with KDM and may not be hosted with another company due to the proprietary software and hosting we use to build and manage your Website (See Website Files Clause). Website(s) include: standard Website features, search / legal compliance, lifetime support, troubleshooting, 24/7 monitoring, SSL certificate, server updates / back-ups and site updates based on the selected plan (Monthly updates do not roll over if they go unused). KDM is an Ecwid store software partner. Any Ecwid paid apps requested by the CLIENT for integration will be billed separately. KDM does not offer refunds for completed Website Design services. KDM does not support or troubleshoot 3rd party software that is integrated into the Website at the CLIENTS request.

Domain Hosting

CLIENT is responsible for purchasing and maintaining their Website Domain (ex: www.domain.com) Hosting. KDM is a GoDaddy Pro account holder and offers product discount codes for domains. GoDaddy Pro accounts also allow the CLIENT to share account access with KDM for easier setup and troubleshooting.

Website Plans  

KDM offers 5 subscription payment packages options available. All packages start at 24 months, then renew annually for 12 months. Monthly payments will start when KDM begins building the Website. Payments must be made via a credit card on file, unless other arrangements have been made. The setup fee may be paid by business check or Zelle® transfer. Monthly plan payments are subject to change based on AWS hosting / CMS Software price increases. Clients will be notified via email of any changes.

Basic SEO Package includes: Blog installation , image tags, page title tags, descriptions, submission to key search engines (Google, Yahoo, Bing). This package only optimizes the Website. If you require placement and more advanced SEO services then you would need to work with an SEO Agency.

Website Files

KDM will provide CLIENTS with the available Website files. However, much of the site functionality is reliant on the existing hosting infrastructure. These files will not work if directly uploaded to another server via FTP. The Website would need significant modification from a very talented developer for use on a server outside of KDM.

Late / Non-Payment (30 days past the due date) will incur a $50 late fee with the current balance due and each month following. The CLIENTS website will be unpublished from our server and will no longer be publicly viewable. The CMS software access will be revoked until the late payments have been paid in full. Should the CLIENT choose not respond to KDMs communication attempts (2 emails / 1 phone call) the CLIENTS contract will be canceled and the full balance on the contract will be due or charged to the credit card on file.

eCommerce Plan 

This package is downgradable to our Multi-Page Plan once you've fulfilled your 24 Month Contract. You will be required to maintain your own online store going forward. You must be using our built in eCommerce Software to make this change request.

Timeline

Websites should be completed within 3 months or less from the date KDM begins working on it (See Production Schedule). This timeline also factors in the amount of time the CLIENT takes to provide KDM with the content, images and directives. Payments are still due each month.

Website Editing

KDM will issue the CLIENT a username and password to access the online editing software (CMS). eCommerce Websites will receive an additional login to access their store.  KDM will oversee and facilitate updates requested by the client based on their selected plan. Site updates include: text changes, page layout adjustments, adding images, widgets, add /edit store products and basic design.

Website Compliance

KDM will oversee that CLIENT Websites are in compliance with legal and search requirements. Periodically, we will send emails requesting information from the CLIENTS that needs to be updated in order to stay compliant. We will notify the CLIENT (2) twice via email. If the CLIENT doesn't provide the information within the specified window, KDM is not responsible for the effects it has on the Website or any legal ramifications.

Website Privacy / Accessibility Statements

KDM provides general legal text for each of the statement pages on the CLIENTS behalf. It is the CLIENTS responsibility to review it and ensure they are legally compliant. Should the CLIENT need additional or wants to write their own statements they can and must provide the information in a word doc or pdf.

Website Cancellation

CLIENTS who request to cancel their Website plan must submit it in writing 30 days prior to their annual renewal date once the 24 month contract has been fulfilled. Should the CLIENT cancel prior to completing the 24 month contract the balance will be owed in full. Should the client request to cancel after their annual renewal date they will be responsible for the balance owed. The balance owed will be charged to the credit card on file. Should the CLIENT remove their domain from the Website hosted with KDM during the 24 month contracted period without notifying KDM that will be considered a breach of contract. Once the cancelation occurs, CLIENTS will no longer have access to their website publicly or to the content management software. Should the CLIENT want to reactivate their website there will be a fee of $150 with a new 12 month contract. KDM reserves the right to remove (delete) the Website off of the server after 6 months of inactivity unless otherwise directed by the CLIENT. Once the Website is removed it may not be recovered.

Grandfathered Website(s)*

Hosting will be billed the month prior to your annual renewal date. Included in the hosting are two (2) monthly updates overseen and facilitated by KDM (Updates do not roll over if they go unused). Late payments (15 days past the due date) will incur a $50 late fee + the balance. If payment has not been received within 30 days, the CLIENTS website will be pulled from our server and will no longer be publicly viewable and access to the CMS software will be revoked until the balance has been paid. New Website pages will be billed at our listed rate or you may change to a monthly plan. Any major changes to the master template or where design work needs to be done will be billed at our current hourly design rate. CLIENTS may cancel at any time - No refunds will be issued for completed work. Should the CLIENT want to reactivate their website there will be a fee of $150 with the annual hosting fee. KDM reserves the right to remove (delete) the Website off of the server after 3 months of inactivity unless otherwise directed by the CLIENT. Once the Website is removed it may not be recovered. KDM does not offer refunds for completed Website design services. Annual hosting payments are subject to change based on AWS hosting / CMS Software price increases. Clients will be notified via email of any changes.

PRINTING / PROMOTIONAL ITEMS

KDM will place and manage all printing projects on behalf of the CLIENT. All printing and promotional merchandise orders must be paid in full prior to the order being placed into production. CLIENTS who provide their own artwork take full responsibility for the outcome and quality of the final imprint. KDM will provide CLIENTS with templates and/or specifications based on the project.  KDM will not be responsible for color variations between provided art and the actual artwork or product they represent. All jobs are printed in CMYK any other color model will be converted automatically which may result in a visual difference not shown on the proof. KDM will review art files for size, resolution and features outlined on their invoice. See Order Proofing clause.

All provided items by a client to be imprinted are not guaranteed. We need to review the item in person and/or attempt to imprint them to make a final decision. If KDM is not successful we will contact the CLIENT with the results and provide alternative options or refund your money. KDM not responsible for any spoileage of the provided item(s) should it occur and we make no guarantees that we will be able to print your items successfully. CLIENT will be responsible for replacing the  item(s) at their own cost.

APPAREL PRINTING

Apparel Care Instructions - Click Here!

Turnaround Time  

Turnaround time for apparel printing is 5-15 working days (15 day turnarounds are more typical during high seasons) depending on the application, final proof approval and when the apparel arrives from vendor. Turnaround is figured on business days and the current workload. Weekends, holidays and transit time are not included. Orders requiring less than 5 working days are considered a rush and a rush fee will apply. If you have a specific in hands date, be sure to notify us up front so we can check our schedule. We order apparel once per week, if you need them sooner shipping fees may apply.

Artwork  

CLIENTS providing their own artwork in a format other than Vector Art will take full responsibility for the outcome and quality of the imprint. No refunds will be given once the apparel has been printed. 

Art Approval / Order Proofing  

See Order Proofing clause.

Decoration 

All apparel is printed on a flat surface, how the imprint sits once its worn may alter the placement. 

Heat Transfers (Vinyl, DTF or Patches)

Due to the nature of this application we cannot guarantee placement consistency. Nor do we guarantee the outcome or long term durability of vinyl transfers in difficult print areas like seams. These applications come with specific care instructions. If these instructions are not followed, we are not responsible for any damage that may be caused to the imprint. If you're providing your own apparel for this process they must be brand new and unwashed. This can cause the heat transfer to peel and/or crack. We do not take responsibility if you ignore this warning. Apparel patches include a clear thread sewn around the patch to increase durability. This does not include headwear. Full color DTF Transfers have a 6 month shelf life and then we will dispose of them. We will send reminders to the client.

Vendor Apparel  

KDM is not responsible for manufacturer defects such as size and color inconsistencies, stitching errors, mislabeled garments, loose/inconsistent stitching, and/or garment defects (holes in garments, ripped seams, etc.). We do our best to inspect the garments as we print them, but we cannot guarantee each garment. We are not the manufacturers of these garments, so we cannot ensure their construction. We highly recommend ordering 5% extra of each size if an exact count is important. Some manufacturers over-dye their garments. Over-dying is the process of re-dying a garment after its initial manufacturing period. This is done for any number of reasons, including color correction, clearing out of colors that didn't sell, etc. Because of this factor, KDM cannot guarantee exact color consistency on coloring with the screen printing process as imprinted colors can change tone once printed onto an apparel item.

Apparel Selection  

KDM will not be responsible for your satisfaction of the style, size and fit of the garments. We are always available to ensure you pick a garment that matches your needs, but we also need you to do your due diligence on the garment choice and size selection. If you're unsure of what apparel to select, we can order blank samples for you. Blank samples will be billed at the retail rate in addition to any shipping costs. We make no guarantees that we will be able to print your items successfully. We will notify the CLIENT should issues arise.

Out of Stock Items  

KDM is not responsible for items that are out of stock. While we check items we know to have potential stock issues, all garments are ordered after your order is placed, and we cannot guarantee their availability. If items are out of stock, we will provide you with a list of possible replacements and get it approved by you before using your chosen item.

Spoilage / Defects  

CLIENT has 7 days from the date from when they pick up their order to bring any issues to our attention. CLIENTS must provide KDM with either a photo of the items or by bringing all of the garment(s) in question into our office. All returns/reprints are subject to approval. While spoilage is insignificant, CLIENTS will not be charged for the misprinted or damaged garments. We allow for a 3% spoilage rate. For example, if you order 100 shirts and 3 or less are misprinted, then those shirts will be deducted from your invoice, and won't be reprinted. It's never a bad idea to order extra apparel items. While KDM does final quality checks on the garments, the final quality assurance check lies in the hands of the CLIENT. KDM will not be held responsible for how the garment(s) are cared for once the CLIENT has picked up their order.

Provided Apparel

KDM must review the item(s) in order to make a decision if they can be successfully imprinted. If KDM is not successful we will contact the CLIENT with the results and provide alternative options or refund your money. KDM is not responsible for any spoileage of the provided item(s) should it occur. KDM makes no guarantees that we will be able to print your items successfully.

Due to the nature of our business, we purchase our apparel through industry wholesale apparel vendors. Some retail manufactures add chemicals to their garments, which can conflict with our printing process. Should the CLIENT decide to provide your own apparel, KDM is not responsible for any spoilage / damage to your garments. CLIENT will be responsible for replacing the apparel item(s) at their own cost. If the supplied apparel has been pre-washed with fabric softener, we can't guarantee of the end result.

Cancelation  

CLIENTS will be refunded the difference minus a 20% cancellation fee. If the apparel has already been ordered, the client will be responsible for the VENDORS return shipping and restocking fees (15%-20% depending on the vendor). If the CLIENT chooses to keep the blank apparel, they will be billed at the current listed retail rate(s). No cancellations or refunds will be accepted once production or any manipulation of the garment(s) has occurred. 

THIRD PARTY VENDORS 

KDM works with several VENDORS by referral for different services that we do not offer in-house. CLIENTS agree to the VENDORS Terms & Conditions policy when an order is placed, a copy will be provided by request. We take no responsibility for their work and you must address any disputes directly with the VENDOR.

GENERAL TERMS

Production Schedules

CLIENT understands KDM works on a first come, first served basis. Once we receive payment, KDM will add the CLIENT to our work queue and provide an estimated start date at that time. We will contact the CLIENT via email when their project is next in our work queue. However long the CLIENT takes to provide KDM with requested information or to get approval will then determine your place in our current work queue. KDM will continue to work on other CLIENT projects in the interim.

Production schedules will be established and adhered to by both CLIENT and the KDM, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the CLIENT or KDM. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly. See Rush Fees clause.

Out-of-Pocket Expenses

Fees for professional services do not include outside purchases such as, but not limited to, set-up fees, server fees, domain names, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to California sales tax unless you are a nonprofit organization. If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.

Revision and Alterations

Design services include revision(s). Anything beyond what is outlined will be charged at the above hourly rate. 

Nature of Copy

CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. CLIENT is responsible for all trademark, service mark, royalty free art licensing, copyright and patent infringement clearances. CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. 

Errors and Omissions

It is the CLIENTS responsibility to check order proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. A proof approval acknowledges that the CLIENT has reviewed the order information, printing method, artwork, colors, spelling, grammar, placement and production turnaround to be correct. CLIENT assumes all responsibilities for any errors once the proof has been approved. We do not send proofs when artwork has been provided by the client unless they are requested. 

Over and Under Runs 

CLIENT will accept overruns or under runs that do not exceed 10% of the quantity ordered on all jobs. KDM will bill for actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

Property and Supplier's Performance  

KDM will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, KDM is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in any way be held responsible for quality, price, performance or delivery.

Rights of Ownership

Once the CLIENTS balance has been paid in full. KDM will deliver all associated project files to an Online shared folder to the CLIENT. At that time, the CLIENT may use or reproduce the art provided at their discretion.

Marketing  

We reserve the right to photograph and/or distribute or publish for our firm'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. KDM agrees to store files for a period of 3 years beyond the delivery of a job, this does not include logos. Thereupon, we reserve the right to discard them.

Termination

The terms of this agreement will continue until terminated with thirty (30) days written notice by the CLIENT. If the CLIENT directs KDM at any time to cancel, terminate or "put on hold" we will promptly do so, provided you hold us harmless for any cost incurred as a result. Payments are still due based on the contractual agreement for any project "put on hold". CLIENT will indemnify and hold KDM harmless for any loss or expense (including attorney fees), and agree to defend KDM in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertions made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.

Should the client cancel or terminate this agreement after the project is complete, the CLIENT is responsible for paying any balances. Should the CLIENT fail to make payment after a final payment demand letter has been sent, their balance will be charged to the credit card on file or the account will be sent to collections. The CLIENT will be responsible for any and all fees associated with collecting the balance. All materials, property belonging to the CLIENT, Social Media accounts, as well as work performed, may be retained or disabled until the balance has been resolved. 

Attorney's Fees  

If any party named herein brings an action to enforce the terms hereof or to declare rights hereunder, the prevailing party in any such action, on trial and appeal, shall be entitled to his reasonable attorney’s fees to be paid by the losing party as fixed by the Court.

Mediation In the event of any dispute, claim, or disagreement arising from or relating to this agreement, the parties shall endeavor to settle the matter; however, should informal discussions not be successful, the parties agree to try to settle the dispute by mediation, using the services of David Abeshouse or, if such service is not available, another mediator mutually acceptable to the members. Except when injunctive relief may be necessary to prevent irreparable harm or to preserve the status quo, no litigation (or arbitration) shall be initiated until after the expiration of thirty days following the delivery of a written request for mediation by one party to the other(s).

Additional Provisions

The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of California applicable to agreements entered into and performed in the State of California. 9. Any disputes hereunder will be heard in the appropriate state courts located in the County of Sacramento, CA. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain attorneys to collect our invoices, we will be entitled to collect attorney’s fees, court costs, and interest at the maximum rate permitted by law.

We reserve the right to refuse service to anyone. 

Terms and rates are subject to change.

Revised 1/2022