1: TERMS AND CONDITIONS

These terms and conditions assume goodwill from both KC and The Client regarding:

• What can reasonably be achieved by KC and The Client in a given time frame

• Making best use of resources to achieve the most effective outcomes

Agreement to work with and agreement of terms of payment to KC constitutes agreement to these terms and conditions.

The fee for service is outlined in your quote which is provided by email. On rare occasions, work undertaken can exceed the work outlined in the original quote. If work undertaken exceeds the items specified in the quote, The Client agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Should this be the case, wherever possible The Client will be notified of increases in the scope of the project.

The Client must agree a payment schedule with KC in order to commence any project. Once research, resources allocated or design work has commenced on a project, any payments already made are non-refundable. If The Client changes their mind and decides not to pursue the project prior to completion any deposits and/or payments made are also non-refundable.

A deadline must be set in order to commence all projects (unless on a monthly retainer) If the work time exceeds 4 calendar weeks in duration beyond the agreed initial deadline, The Client agrees to pay a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.

All invoices must be paid within 14 calendar days of the issue date. Payments made after 14 calendar days are considered late and may incur and additional late payment fee. Accounts which remain outstanding for 30 calendar days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.

Should The Client fail to satisfy their late payment, KC will have no choice but to refer this to their debt collection agent to secure the total outstanding amount. If you are struggling to pay for your project please let KC know as soon as possible so we can discuss options that may work for your business.

Should The Client wish to delay their project once work has commenced, KC reserves the right to calculate a holding amount based on the amount of work that has been created. This amount will be deducted from the total of the overall invoice.

If The Client is on a flexible payment scheme an agreed direct debit must be set up prior to commencement of the project. Monthly payments must be made on the same day of each month and if a monthly payment is late, a late payment fee may be added to the invoice and must be paid in full by the specified due date. If The Client chooses to cancel their project prior to completion the full balance must be paid.

All content, copy and imagery must be supplied by The Client prior to the commencement of a website design and build. The Client must ensure they have the necessary rights to use all material for their website as KC cannot be held responsible for any content, copy and imagery supplied by The Client.

Once a website or a component of website has been approved, additional amendments may incur an extra charge. Upon completion of a website design, KC are no longer responsible for the website content, design or accessibility. Login details can be provided to you so you can update and manage the website yourself or KC can manage the website for you for a small fee.

The Client agrees to the addition of a small credit in the form of a line of text to be placed in a discreet place at the bottom of their website (often in the footer or socket) with a link to the KuKu Creative website. The Client also agrees that any website or design KC creates for The Client can be used in KC’s marketing materials, blogs, website and social media.

Once website design is complete, KC will provide The Client with the opportunity to review the resulting work and agree to make one set of amendments at no extra cost if requested within 7 calendar days. This does not include changes to imagery, colour schemes, layout and navigation features. If no request of changes are made within 7 calendar days of sign off, KC will assume the project is complete.

KC are pleased to be able to offer unlimited amendments during the design process. KC defines an “amendment’ as a minor change or addition to an existing design. Should The Client wish to see a “re-design” during the design process this can incur an extra charge.

Once artwork has been agreed and signed off by The Client or an authorised representative of The Client, amendments will be chargeable.

While KC takes care to avoid all errors, it is ultimately The Client’s responsibility to check and approve all final copy before the production of artwork and thoroughly check all artwork prior to approval. KC accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production.

The email verification of The Client or The Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by The Client.

Please note that with all printed items there can be colour variations from what you have seen on screen to what the final product looks like – this is due to the nature of CMYK printing. KC will not be held responsible for variations in colour on your printed items. We always recommend viewing your artwork on a desktop screen (as opposed to a tablet or phone) and requesting a sample from your printer prior to commencing with a full print run.

The Client agrees to allow KC to showcase any/all work created in the course of a project as part of their online/printed portfolio. KC acknowledges and respects the confidential nature of your project and will only display project work upon completion.

“Excess work” is defined as any work involving additions to the list of items defined in the quote or changes to pieces of finished artwork after sign off by The Client or an authorised representative of The Client.

Should The Client have extra design requirements during a project The Client will be informed by KC that the changes requested fall outside the scope of the original quote. If the client wishes these alterations to be made they must agree in writing and a fee of £50 per hour will be payable.

Publication and/or release of work performed on behalf of The Client by “KuKu Creative” may not take place before cleared funds have been received.

Any fees are non-refundable once work has commenced if the contract is terminated by The Client, after work has commenced.

KC shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances outside the reasonable control of KC. This is including, but not limited to war, riots, civil commotions, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, natural disasters, accidents of any kind or act of terrorism.

Under no circumstances shall KC be liable to The Client for an indirect or consequential loss suffered by The Client relying on the information included in the supplies prepared by KC including (without limitation) loss of profit, loss of contracts or pure economic loss. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

Until final payment is received, KC retain full ownership of all creative concepts. Once final payment has been received and the project is completed, full ownership rights will transfer to The Client. This does not however exclude KC from using said artwork for their online or printed portfolio, marketing, social media and blogs. Any unused concepts remain the property of KC.

By law we are not permitted to send you original font files, we can however direct you to the font for you to download or purchase yourself.

Occasionally circumstances beyond the control of either The Client or KC may result in the need to cancel a project. In the event of cancellation of a project by The Client, KC will calculate a full and final amount based on how close to completion the project is and issue an invoice for this to The Client. Should KC have to cancel a project due to unforeseen circumstances, if necessary a refund will be issued to The Client in a timely manner.

In the event of cancellation of the project by The Client, ownership of all copyrights and the original artwork shall be returned and retained by KC.

All employees of KC agree to not at any time during the continuance of the work outlined, except in the course of their duties, divulge any confidential information of The Client without the previous consent in writing of The Client.