The following Terms and Conditions of Service apply to all products and services provided by Kate Ampersand. All work created by Kate Ampersand is carried out with the understanding that the client has agreed to the following terms and conditions:
Copyright is retained by Kate Anderson, owner of Kate Ampersand, on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If design, writing samples, or concept options are presented, only one solution selected and approved is deemed as fulfilling the contract. All other designs, concepts, or written samples remain the property of Kate Ampersand, unless agreed upon, paid for, and stated within the invoice or contract.
At the time of proposal, Kate Ampersand will provide the customer with a written estimate, quote, or proposal that includes one of these items. A copy of the written estimate quote, or proposal should be signed and dated by the customer to indicate acceptance and should be returned to Kate Ampersand to officially kick off a project.
Charges for design services within scope will be provided by Kate Ampersand. At the time of the customer’s signed acceptance of this estimate or quote, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee is due on or before ten business following. No work on a project will commence until either a signed document or written consent of agreed services has been received. The only exception would be if proposal for a possible project, or bid for work requires initial research or mood board visualization to win the business. Payment for preemptive work such as this will be estimated out in initial proposal, or estimate and should be paid up to 30 days after receiving work, regardless of whether the business is won or not. Payment for this service will give prospective client the rights to use this work as they see fit but will be required to give notice to Kate Ampersand if used as the basis for their project with another design business. If work is not appropriated to the industry standard, additional costs may be incurred by prospective client and rights to showing the final work will be given to Kate Ampersand under the credit of creative, or art direction.
Scope of Work
All estimates, proposals, or quotes include initial design options dictated by particular project. If not specifically outlined, an option of at least two will be provided. Upon the client’s review of the first round, there will be an additional two rounds of revisions before the scope of that project expires. If the client explicitly approves of a direction or design, the additional rounds of revisions still to be used are waived and next steps commence. Should the client change their mind, a new scope of work will be determined and a new project will begin after the payment has been received for prior work, in addition to 50% of the new estimate has been received.
At the start of any new project, unless a deadline has not been assigned by the client, a timeline will be provided by Kate Ampersand prior to the start of a project. Any timeline created is contingent on both the client and Kate Ampersand’s participation in adhering to the outlined timeline. If at any point in time, the timeline gets pushed by unforeseen circumstances, the timeline will still hold by way of a subsequent timeline by number of days between each check point or deliverable.
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 quote acceptance. This includes work that is outside of scope or in addition to project deliverables.
The client will be provided with an invoice prior to final publication or releasing of final files. At this time the remainder of amount will be due. Accounts which remain outstanding for 30 days after will be charged a late fee of $15 for each day past due. Payments may be made by cash, check, Venmo or previously agreed upon electronic funds transfer. Publication and/or release of work created by Kate Ampersand on behalf of the client, may not take place before cleared funds have been received in full. This will include any late fees or additional charges by way of out of scope additions or any other deliverable agreed upon within that project.
Returned checks will incur an additional fee of $50 per returned check. Kate Ampersand reserves the right to consider an account to be in default in the event of a returned check.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Kate Ampersand shall be considered entitled to remove Kate Ampersand and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid fees due for services outlined in any and all proposals or invoices. Removal of such materials does not relieve the client of it’s obligation to pay the due amount. Clients whose accounts become default agree to pay Kate Ampersand 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 information to Kate Ampersand for to be used in the client’s marketing materials, brand, website or other mediums specified within the project scope, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Kate Ampersand does not accept any responsibilities in clearing, vetting, or checking provided materials are appropriate, nor will Kate Ampersand bear the responsibilities past making the client aware of any licenses, trademarks, or copyrights of any assets used within the project past the initial purchase of rights and license for fonts, graphics, or images. The sole responsibility once artwork is passed, is with the client. Any original artwork or design created by Kate Ampersand, will be the property of Kate Ampersand. All unused creative work will remain the intellectual property of Kate Ampersand. The client will be granted exclusive rights to use this original work for it’s intended purposes and will not have the right to transfer these rights without explicit consent from Kate Ampersand.
Complementary Client Services
Up to 90 days after a project has been completed and the client’s account is in good standing, Kate Ampersand will provide assistance with any additional file type needed by the client, or help give guidance with vendor assistance of file prep, not exceeding more than 1 hour total of additional help regarding any files or services that have been completed for the client. This includes, providing additional file types, resizing, exporting, or discussing specifications for print, digital, or any other vendor within Kate Ampersand’s expertise. Should additional facilitation or consultation be needed, a retainer can been provided or a one off consultation/facilitation fee can be paid to carry out any additional support the client needs.