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TERMS & CONDITIONS
This website is operated by Kite Digital Marketing, LLC. Throughout the site, the terms KDM will refer to Kite Digital Marketing. KDM offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or working with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all customers of Kite Digital Marketing.
For any questions please contact us at info@kitemkt.com.
1. MARKETING & PROPERTY RIGHTS (INCLUDING COPYRIGHT, EXCLUSIVITY AND COMMERCIAL USE)
KDM reserves the right to use images or videos of all designs, creative work and prints for marketing purposes including Social Media, Website and all aspects of Advertising. KDM may post or upload projects once finalized unless agreed otherwise by both parties in writing. The parties acknowledge that this agreement is non-exclusive and that either party will be free, during and after the term, to engage or contract with third parties for the provision of services similar to the project. KDM holds and retains intellectual property rights of designs and prints whether complete or incomplete. KDM reserves the right to reuse any ideas or cancelled artwork for additional or subsequent projects. All clients will receive commercial rights to use their designs for digital and print purposes once project has been finalized.
2. SUPPLYING IMAGES & COPY
All artwork, images and copy supplied by the client, will include the relevant authority for use. KDM will accept no responsibility for copyright issues regarding supplied artwork, images and copy. The client is responsible for supplying content and ideas free from infringement for all trademarks, service marks, and copyright. The client is responsible for supplying finalized copy for all designs being created by KDM prior to project confirmation and due date. Due dates will vary depending on the project and on details agreed beforehand between KDM and client. Changes to provided text will count towards a revision. Text changes after final design approval will incur an additional revision cost.
3. DESIGN FEE
Fees quoted only for professional services will be approved or denied by the client upon commencement of the given project. Design quote DO NOT include purchases of stock photos, fonts, artwork, products, color-matching or extra add-ons after processing the agreed services. Additional expenses will be itemized on relevant invoices, and if any arise during the process, you will be notified via email. These expenses will be discussed with the client beforehand.
4. PAYMENT
To secure orders and schedule due dates for designs, Kite Digital Marketing (KDM) requires full upfront payment unless alternative arrangements have been discussed and agreed upon by both parties. These arrangements will be added to the contract. We accept payments made via check, cash, or credit card. If you choose to pay with a credit card, please be aware that there will be an additional 3% surcharge added to the total amount of your invoice.
5. LATE PAYMENT POLICY
At Kite Digital Marketing, we understand that sometimes unforeseen circumstances may cause delays in payment. However, it is essential to maintain a healthy working relationship and ensure timely delivery of our services. Therefore, we have established the following Late Payment Policy:
• Due Date: Payments for our services are required to be made on or before the agreed-upon due date as stated in the invoice or contract. Typically, the due dates are set to fall within a range of 7 to 10 business days from the date of the invoice or contract issuance.
• Grace Period: We offer a grace period of 3 days after the due date, during which no late fees will be incurred.
• Late Fees: If the client's payment is not received within the grace period, a late fee of $25 will be applied to the invoice for each additional day of delay.
• Communication: We understand that delays can sometimes be unavoidable due to unforeseen circumstances. If you anticipate any challenges in making timely payments, please inform us in advance via email. We are open to discussing possible payment arrangements to accommodate your situation. Whether it's a temporary setback or a fortuitous event, we believe in maintaining open lines of communication to find mutually beneficial solutions.
• Future Services: Consistent late payments may affect eligibility for future services, and we may require upfront payment or a deposit for future projects to mitigate risks associated with late payments. *This policy specifically applies to our social media management service.
Our Late Payment Policy aims to ensure a fair and transparent approach to handling delayed payments while maintaining the quality and efficiency of our services. If you have any questions or concerns regarding this policy, please feel free to reach out to our team.
6. REFUNDS
As our products are digital and tailored to each client's needs, we regret to inform you that we do not provide full refunds once the project has started and design drafts have been delivered. In the event that a client decides to cancel their order before any work has commenced, we will retain 50% of the total cost as a cancellation fee.
7. PROJECT TIME FRAMES
Logo design packages will be scheduled promptly after receiving payment, typically within 3-5 business days from the payment date. For Custom Design projects, the total timeframes may vary, but KDM always strive to accommodate the requested timeframe as much as possible. Consider that to expedite the process of your project, we require prompt responses to our emails.
During periods of high demand and busy schedules, if the client requires expedited services, additional rush fees will be applied to accommodate these requests, as designs are completed in the order of purchase. However, we understand that unforeseen fortuitous events might occur, which could impact our timeframes. In such cases, KDM will promptly communicate with our clients to keep them informed about any potential delays.
For design projects left unfinished by clients, there will be an expiration period of 5 weeks from the date of payment, unless alternative arrangements have been made. If the designs remain incomplete beyond this timeframe due to a lack of communication from the client, the contract and/or agreement will expire. If the client wishes to finalize their project after it has expired, they will need to repurchase the design services. Once a project has reached its expiration date due to a lack of communication or inactivity, it will be necessary to initiate a new contract to proceed with the design work. KDM values their clients satisfaction and aim to deliver high-quality services, but timely and clear communication is essential to ensure the successful completion of projects.
8. RUSH ORDERS
If you need your order urgently, please keep in mind that a rush order fee will be applied and this will depend on size of job and date required. Email info@kitemkt.com and we will do our best to meet your time frame.
9. ELECTRONIC COLOR AND VIEWING
All drafts will be emailed to the client as a low resolution files. Please be aware that all monitors display color differently and the color on a monitor could vary significantly from the final print.
10. DESIGN FILE TYPES
The included file types for all designs will be stated on the invoice and confirmed before payment. Typically all logo designs will be sent as PNG and PDFs (JPEG if requested). Graphic designs will vary between PNG, JPEG and PDFs. For EPS, AI or any other special requested files extra fees will apply. Please note that all drafts and logo options not confirmed will remain
property of KDM and are not be used online unless added onto the project at an additional charge.
12. ARCHIVED DESIGN WORK
KDM archives design files for 6 months as a production process, however once final design files have been sent to the client it is the client’s responsibility to store and archive the documents safely for their own purposes or future use. KDM is not responsible for sending lost or misplaced files. Additional charges will apply for resending files that have already been sent if still available.
13. REVISIONS
Each design package has a set number of design options and revisions. If further revisions are required there will be additional charges. The client will need to approve additional charges for extra design revisions and make payment in full prior to work commencing on the additional revisions. Kite will not be responsible for revisions after final files are sent to the client. Please enquire about the number of revisions relevant to your design. This is your responsibility to ask and extra fees may apply if exceeding the amount of revisions for your designs with Kite Digital Marketing. To ensure that no extra revisions are needed be added onto your project we ask that you provide us with clear and constructive feedback to achieve your desired look as well as a clear vision / brief at the start of the project.
14. DESIGN DRAFTS
All drafts, options and revisions not yet confirmed by the client remain property of KDM. KDM will consider that the design has been approved once the client makes use of it on social platforms or utilized elsewhere (Print, Website etc.) this is automatic confirmation that designs have been approved and further revisions will be charged additionally.
15. BUSINESS NAME (CHANGE OF BUSINESS NAME)
Prior to starting your design project with KDM we ask that you take all the necessary measures to confirm your business name. Once payment has been confirmed and the design process has begun, any changes to the business name will incur a 100% logo design fee to redo designs with the new business name.
16. PROJECT APPROVAL
Whilst every care will be taken, no responsibility will be accepted by KDM for errors found after final approval by the client (Spelling mistakes, misalignment, colors, sizing). This includes change of mind. Artwork approval/confirmation must be emailed to KDM before final files are sent. Once final files have been sent additional fees will apply per revision requested.
17. ERRORS
It is the client’s responsibility to check all proofs carefully for accuracy. The client’s e-mail of approval is acknowledgement that the proof has been evaluated and considered correct in every aspect. There will be no remedy from KDM for errors or omissions carried over from approved proof to final files and print.
18. ADDITIONAL FEES FOR ON-LOCATION VIDEO/PHOTO SHOOTS
If the Client requests that our team travel to a specific location ("X Location") to shoot videos, additional fees will apply. These fees will cover travel expenses, accommodation (if necessary), and any other associated costs. The exact amount will be determined based on the distance, duration of the shoot, and logistical requirements. The Client will be provided with a detailed estimate prior to confirmation.
MODIFICATION TO TERMS:
Any amendment or modification of this agreement, as well as any additional obligations assumed by either party during the course of the project, will be considered valid only when attached to the original agreement with the client and duly signed by both KDM and the client. We prioritize transparency and clear communication in our business relationships, and any changes or additions to the existing agreement should be properly documented to avoid misunderstandings and ensure that both parties are in mutual agreement.
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