Terms and Conditions
The following Terms and Conditions of Service apply to all services provided by Kim Gee Studio. All work is carried out on the understanding that the customer has agreed to abide by the below terms and conditions.
Kim Gee Studio is a company registered in the Isle of Man – company number 026491B.
1. © Copyright
Copyright of all graphic design work is retained by Kim Gee Studio including concepts, ideas and proofs until after all invoices have been paid in full.
2. Proposal & Quotation
The project will be discussed with the customer and a brief/proposal prepared, Kim Gee Studio will provide a written estimate or quotation which may then be accepted via email by the customer, then binding the customer to accept Kim Gee Studio’s terms and conditions.
All proposals, estimations and quotations are valid for 30 days from the date detailed on the document. Kim Gee Studio reserves the right to deem any proposals, estimations and quotations invalid after 30 days and so a new price and document will be provided at either the original price, lower or higher price.
50% deposit payment is due to Kim Gee Studio prior to any design work being undertaken. The remaining balance will be due for settlement on completion of the project, this includes before any website design. No website will be made live/public until Kim Gee Studio's remaining balance is settled in full.
4. Intellectual Property & Copyright
By supplying text, images and other data to Kim Gee Studio for inclusion in the proposed design, 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. The customer also allows the designs to be utilised in Kim Gee Studio’s portfolio unless agreed otherwise. Should any media be supplied to Kim Gee Studio, believed it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Kim Gee Studio to remove and/or replace the file.
Any artwork, images, or text supplied and/or designed by Kim Gee Studio on behalf of the customer, will remain the property of Kim Gee Studio and/or it’s suppliers until full payment is received by the customer in which full copyright will be transferred from Kim Gee Studio. The artwork cannot be used by the customer as part of their portfolio to advertise marketing/design/advertising services unless consent is given in writing from Kim Gee Studio to the customer.
The customer agrees to fully indemnify and hold Kim Gee Studio 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.
5. Alterations & additional services
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 Kim Gee Studio holds no responsibility for any amendments made by any third party, before or after a design is published.
Any additional design services over and above the original proposal or brief will be discussed prior to commencement of designing and added onto the initial quoted price.
Any design, copywriting, drawing, idea or code created for the customer by Kim Gee Studio, or any of it’s contractors, is licensed for use by the customer 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 Kim Gee Studio and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may make a claim, should be registered by the customer with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Kim Gee Studio will not be held responsible for any and all damages resulting from such claims. Kim Gee Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Kim Gee Studio responsible for any such loss or damage. Any claim against Kim Gee Studio shall be limited to the relevant fee(s) paid by the customer.
7. Data Formats
The customer agrees to Kim Gee Studio’s definition of acceptable means of supplying data format:
- Text is to be supplied to Kim Gee Studio in electronic format as standard text (.txt), Pages, Word Document provided via USB or e-mail.
- Images which are supplied in an electronic format, are to be provided in a format as prescribed by Kim Gee Studio via electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Kim Gee Studio will not be held responsible for any image quality which the customer later deems to be unacceptable. Kim Gee Studio cannot be held responsible for the quality of any images which the customer 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.
Any indication given by Kim Gee Studio of a design project’s duration is to be considered by the customer to be an estimation. Kim Gee Studio cannot be held responsible for any project over-runs, whatever the cause.
Kim Gee Studio considers the design project finished once all elements of the quotation/brief have been completed. Other services such as printing, website uploading, publishing etc either contracted on the customers behalf constitute a separate project and can be treated as a separate charge.
10. Website Design only
Once web design is complete, Kim Gee Studio will provide the customer with the opportunity to review the resulting work and the option for minor changes before going ‘live’, these include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Kim Gee Studio by e-mail, additional changes or amendments outside of the scope of the original quote may incur extra costs, Kim Gee Studio will advise the customer of this via email before making any additional amendments.
11. Design Credits
The customer agrees to allow Kim Gee Studio to place a small credit on printed material, exhibition displays, advertisements and/or a link to Kim Gee Studio’s 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 Kim Gee Studio to place all designs on Kim Gee Studio’s own website and portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
12. Rights of Refusal
Kim Gee Studio 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. Kim Gee Studio also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Kim Gee Studio does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Kim Gee Studio to remove the contravention without hindrance, or penalty. Kim Gee Studio is to be held in no way responsible for any such data being included.
13. Cancellation policy
Cancellation, ‘shelving’ or putting a project on hold should be advised in writing via e-mail. The customer will be invoiced for all work completed by that date. If the brief has been completed/draft artwork provided and the customer would like to put the project on ‘hold’ to revisit at a later date, the full amount of the quotation will be payable. The balance of monies due must be paid on receipt of invoice. Please note: any cancellation which is not formally confirmed in writing and received by Kim Gee Studio within 14 days of a quote being issued, the customer will be liable for the full quoted cost of the project.
Kim Gee Studio makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Kim Gee Studio will not be held responsible for any and all damages resulting from products and/or services it supplies. Kim Gee Studio is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While I 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 Kim Gee Studio responsible for any such loss or damage. Any claim against Kim Gee Studio shall be limited to the relevant fee(s) paid by the customer.
Kim Gee Studio 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. Kim Gee Studio will not knowingly perform any actions to contravene these and the customer also agrees to be so bound.
Kim Gee Studio reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
19. Acceptance of Quotation and Terms and Conditions
By accepting these Terms and Conditions this forms a Contract for Business between the customer and Kim Gee Studio.