TERMS & CONDITIONS
These Standard Terms and Conditions provide the basis for a good working relationship between Kim Collins Design and you (the “Client”). These terms form an integral part of the agreement between Kim Collins Design and the Client.
COPYRIGHT & OWNERSHIP*
AUTHORITY
The Client and Kim Collins Design each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and Kim Collins Design, and enforceable in accordance with its terms.
TIMELINES
Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.
CLIENT APPROVAL
DELAYED PAYMENTS
Kim Collin's accounts will include taxes on fees and disbursements that are applicable by law and our accounts are due and payable upon receipt. If our accounts are not paid within 7 days of their receipt, interest will be charged on the outstanding balance at the monthly rate of 3%, compounded monthly, until they are paid.
REJECTION/CANCELLATION OF PROJECT:
The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any non-conformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing or all additional labor or expenses to date.
COMPLETION/DELIVERY OF PROJECT:
Any shipping or insurance costs will be assumed by the client. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.
These Standard Terms and Conditions provide the basis for a good working relationship between Kim Collins Design and you (the “Client”). These terms form an integral part of the agreement between Kim Collins Design and the Client.
COPYRIGHT & OWNERSHIP*
- In the case of custom illustration work, unless explicit written permission is given, Kim Collins retains all copyright.
- Except for the retained rights described in the paragraph below, all other services provided and all materials Kim Collins produces on your behalf will become your property upon full payment of our invoices.
- Kim Collins retains the right to:
- use work produced for the Client as part of its portfolio materials in both its online and offline portfolios, and social media accounts;
- add your firm to our client list; and
- use your work in design competitions, publications, exhibitions, or other promotional purposes.
- Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 60 days of submission to you, will remain Kim Collins’s property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.
AUTHORITY
The Client and Kim Collins Design each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and Kim Collins Design, and enforceable in accordance with its terms.
TIMELINES
Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.
CLIENT APPROVAL
- The Client will appoint a single representative of the Client with full authority to provide necessary information required by Kim Collins Design and to provide approvals.
- The Client will be required to proofread and approve all elements of final designs. Approval must be provided before production can continue and artwork is released. Corrections, if required, will be identified on proofs, artwork, facsimiles, or digital proofs and submitted for Kim Collins to revise and resubmit for client approval. Final approval is required on every project for release and production.
- Email authorization from you will constitute authorization and approval to carry out work defined in the Marketing Services.
DELAYED PAYMENTS
Kim Collin's accounts will include taxes on fees and disbursements that are applicable by law and our accounts are due and payable upon receipt. If our accounts are not paid within 7 days of their receipt, interest will be charged on the outstanding balance at the monthly rate of 3%, compounded monthly, until they are paid.
REJECTION/CANCELLATION OF PROJECT:
The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any non-conformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing or all additional labor or expenses to date.
COMPLETION/DELIVERY OF PROJECT:
Any shipping or insurance costs will be assumed by the client. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.
