Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by “By Kitty LLC”
All work is carried out by By Kitty LLC on the understanding that the client has agreed to By Kitty LLC’s terms and conditions.
Copyright is retained by By Kitty LLC on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by By Kitty LLC as fulfilling the contract. All other designs remain the property of By Kitty LLC, unless agreed in writing that this arrangement has been changed.
1. project acceptance
At the time of proposal, By Kitty LLC will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on By Kitty LLC’ website.
once the estimate is accepted, A contract is to be signed and dated by the customer to indicate acceptance and should be returned to By Kitty LLC. No work on a project will commence until a signed contract has been received by By Kitty LLC.
2. design charges
Charges for design services to be provided by By Kitty LLC, will be set out in the contract that is provided. At the time of the customer’s acceptance of this contract, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until By Kitty LLC has received this amount. artwork is limited to a set number of given revisions (2 rounds per deliverable unless otherwise specified). By Kitty LLC has the right to refuse additional artwork/revisions.
3. Charges for Other Service
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of INVOICE.
4. Payment
The customer will be provided with an Approval Form and/or Review of the work provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to submit written Approval to By Kitty LLC. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 15% of the outstanding amount.
Publication and/or release of work done by By Kitty LLC on behalf of the client, may not take place before cleared funds have been received. Once payment has been made, there will be no reimbursement of funds unless agreed by By Kitty LLC in writing.
Returned checks will incur an additional fee of $50 per returned check. By Kitty LLC reserves the right to consider an account to be in default in the event of a returned check.
5. Copyrights and Trademarks
By supplying text, images and other data to By Kitty LLC for inclusion in the customer’s business cards, flyers, pamphlets, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by By Kitty LLC on behalf of the customer, will remain the property of By Kitty LLC and/or it’s suppliers.
The customer may request in writing from By Kitty LLC, the necessary permission to use materials (for which By Kitty LLC holds the copyright) in forms other than for which it was originally supplied, and By Kitty LLC may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to By Kitty LLC, the customer grants By Kitty LLC permission to use this material freely in the pursuit of the design.
Should By Kitty LLC, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow By Kitty LLC to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold By Kitty LLC free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
6. Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that By Kitty LLC holds no responsibility for any amendments made by any third party, before or after a design is published.
7. licensing
Any design, copywriting, drawing, idea or code created for the customer by By Kitty LLC, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of By Kitty LLC and any of it’s relevant sub-contractors.
All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. By Kitty LLC will not be held responsible for any and all damages resulting from such claims. By Kitty LLC is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold By Kitty LLC responsible for any such loss or damage. Any claim against By Kitty LLC shall be limited to the relevant fee(s) paid by the customer.
8. data formats
The client agrees to By Kitty LLC’s definition of acceptable means of supplying data to the company.
Text is to be supplied to By Kitty LLC in electronic format as standard text (.txt), MS Word (.doc) on floppy disc, or CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by By Kitty LLC via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and By Kitty LLC will not be held responsible for any image quality which the client later deems to be unacceptable. By Kitty LLC cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
9. design project duration
Any indication given by By Kitty LLC of a design project’s duration is to be considered by the customer to be an estimation. By Kitty LLC cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by By Kitty LLC for the initial payment or by date confirmed in writing by By Kitty LLC.
10. design project completion
By Kitty LLC considers the design project complete upon receipt of the customer’s review and signed approval or emailed statement accepting approval. Other services either contracted on the clients behalf constitute a separate project and can be treated as a separate charge. Once a project has been designed and emailed, there will be no refunds.
11. design project abandonment
If after repeated attempts to begin, continue, or finalize the delivery of services, Customer fails to participate, or becomes otherwise unresponsive to By Kitty LLC’s requests for a period of two (2) months, the project may be considered abandoned, and By Kitty LLC may reduce any refund the Customer may otherwise be entitled to hereunder to zero, and Customer will have forfeited all rights to receive any refund for services purchased or as described in the original invoice. By Kitty LLC may issue customer credit for future services at its discretion.
12. design project credit
The customer agrees to allow By Kitty LLC to place a small credit on printed material exhibition displays, advertisements and/or a link to By Kitty LLC’ own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow By Kitty LLC to place websites and other designs, along with a link to the client’s site on By Kitty LLC’ own website for demonstration purposes and to use any designs in its own publicity.
13. right of refusal
By Kitty LLC will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. By Kitty LLC also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that By Kitty LLC does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow By Kitty LLC to remove the contravention without hindrance, or penalty. By Kitty LLC is to be held in no way responsible for any such data being included.
14. cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, By Kitty LLC will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days or will incur an additional 15% fee. Please note: any cancellation which is not formally confirmed in writing and received by By Kitty LLC within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
15. disclaimer
By Kitty LLC makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. By Kitty LLC will not be held responsible for any and all damages resulting from products and/or services it supplies. By Kitty LLC is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold By Kitty LLC responsible for any such loss or damage. Any claim against By Kitty LLC shall be limited to the relevant fee(s) paid by the customer.
By Kitty LLC reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. By Kitty LLC will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
16. Binding Arbitration
The parties to this contract agree that any and all disputes that cannot be settled in good faith by the parties shall be resolved through binding arbitration using the American Arbitration Association. It is further agreed that the cost of binding arbitration shall be shared equally by By Kitty LLC and the Client. It shall be clearly understood that any disputes that may arise are confidential with no public comment permitted in any form by either party relating to the dispute. The results of any Arbitration proceeding shall also be confidential with no public comment by either party permitted in any form relating to any award. The parties agree that any breach of this provision shall constitute a willful breach of contract.
17. general
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. By Kitty LLC reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
18. Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by By Kitty LLC and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and By Kitty LLC.
