The following Terms and Conditions of Service apply to all products and services offered and provided by Kreative Eye Design.
Hours of Operation:
Monday – Friday by phone: 10:00am – 5:00pm. Email correspondence can be sent at any time, response times vary between 24-48 hours.
Weekend and after hours availability are by appointment only.
All orders and inquires must be sent to email@example.com.
All work is carried out by Kreative Eye Design on the understanding that the client has agreed to Kreative Eye Design terms and conditions.
Copyright is retained by Kreative Eye Design 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 Kreative Eye Design as fulfilling the contract. All other designs remain the property of Kreative Eye Design, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Kreative Eye Design will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Kreative Eye Design ™ website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Kreative Eye Design via email. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Kreative Eye Design ™ terms and conditions. No work on a project will commence until either document has been received by Kreative Eye Design.
Charges for design services to be provided by Kreative Eye Design, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customerss signed acceptance of this estimate or quotation, 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 Kreative Eye Design has received this amount.
Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge. This charge can be included in the quote provided upon the discretion of Kreative Eye Design.
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 estimate or quotation acceptance.
The customer will be provided with 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 payment immediately (unless payment arrangements have been made/established).
Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount.
Payments may be made by Cash, Check, Major Credit Card, through PayPal or Money Order and/or previously agreed electronic funds transfer.
Publication and/or release of work done by Kreative Eye Design on behalf of the client, may not take place before cleared funds have been received.
Returned checks will incur an additional fee of $50 per returned check. Kreative Eye Design reserves the right to consider an account to be in default in the event of a returned check.
Kreative Eye Design provides high quality print services for various projects listed on our site. Customer is fully responsible for final proof and layout approval prior to the printing process – whether or not Kreative Eye Design handles the print coordination, client handles print coordination or a third party handles print coordination.
Kreative Eye Design is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size INDEMNITY.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via Kreative Eye Design. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work.
Kreative Eye Design’s policy also states that you cannot use explicit language or pornography on printed materials and merchandise.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Kreative Eye Design shall be considered entitled to remove any and/or all of the customers material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Kreative Eye Design’s reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Kreative Eye Design for inclusion in the customers’ 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 Kreative Eye Design on behalf of the customer, will remain the property of Kreative Eye Design and/or its suppliers.
The customer may request in writing from Kreative Eye Design, the necessary permission to use materials (for which Kreative Eye Design holds the copyright) in forms other than for which it was originally supplied, and Kreative Eye Design 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 Kreative Eye Design, the customer grants Kreative Eye Design permission to use this material freely in the pursuit of the design.
Should Kreative Eye Design, 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 Kreative Eye Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Kreative Eye Design 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.
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 Kreative Eye Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Kreative Eye Design, 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 Kreative Eye Design and any of its 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. Kreative Eye Design will not be held responsible for any and all damages resulting from such claims. Kreative Eye Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Kreative Eye Design responsible for any such loss or damage. Any claim against Kreative Eye Design shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Kreative Eye Designs definition of acceptable means of supplying data to the company.
Text is to be supplied to Kreative Eye Design in electronic format as standard text (.txt), MS Word (.doc) via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Kreative Eye Design via digital cloud or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Kreative Eye Design will not be held responsible for any image quality which the client later deems to be unacceptable.
Kreative Eye Design 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.
Design Project Duration
Any indication given by Kreative Eye Design of a design project’s duration is to be considered by the customer to be an estimation. Kreative Eye Design 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 Kreative Eye Design for the initial payment or by date confirmed in writing by Kreative Eye Design.
Rights of Access for Website Construction
The client agrees to allow Kreative Eye Design all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Kreative Eye Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Kreative Eye Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Kreative Eye Design considers the design project complete upon receipt of the customers review and signed approval form. Other services such as printing, display panel production, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Kreative Eye Design will provide the customer with the opportunity to review the resulting work. Kreative Eye Design will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes 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 Kreative Eye Design by e-mail or fax and confirmed by post.
Kreative Eye Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Our Website is intended for the use of adults and individuals 16 years of ages and older. Our Website is not directed to children under the age of 16. Users under the age of 16 must have the permission and/or assistance of an adult while using or visiting our Website.
Kreative Eye Design does offers in-house hosting services. Kreative Eye Design can suggest possible sub-contractors (if need be) and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Kreative Eye Design may request that clients change the type of hosting account used if that account is deemed by Kreative Eye Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and Kreative Eye Design are not liable for their payment.
Creative Influence – Graphic + Web Design cannot guarantee the availability of any domain name. Where Kreative Eye Design is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a sites ranking, Kreative Eye Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
The customer agrees to allow Kreative Eye Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Kreative Eye Design’s own website on the customers 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 Kreative Eye Design to place websites and other designs, along with a link to the clients site on Kreative Eye Design own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Kreative Eye Design 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. Kreative Eye Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Kreative Eye Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Kreative Eye Design to remove the contravention without hindrance, or penalty. Kreative Eye Design is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Kreative Eye Design will need formal notification in writing to firstname.lastname@example.org. 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.
Please note: any cancellation which is not formally confirmed in writing and received by Kreative Eye Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Kreative Eye Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Kreative Eye Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Kreative Eye Design 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 Kreative Eye Design responsible for any such loss or damage. Any claim against Kreative Eye Design shall be limited to the relevant fee(s) paid by the customer.
Kreative Eye Design 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. Kreative Eye Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Kreative Eye Design and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Kreative Eye Design recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Kreative Eye Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Kreative Eye Design and validated by the customers 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 Kreative Eye Design.