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Terms and Conditions

Turnaround Time Frames

The typical turnaround time is about 10 business days, excluding weekends and holidays/observed. Typical revision time is an additional 3-4 business days. Packages are not included due to them having their own set turnaround time, which can be found in the description box of each service. Rush orders vary whether it’s 2 business days or a
2-week turnaround. Please reflect on your order to see what the guidelines are.

 

Purchasing

All purchases made on the Client’s behalf, regarding typography, stock photography, etc., will be billed to the Client. In all cases, such prices will reflect a markup of 15%. Charges for sales tax, insurance, storage, and shipping and handling are added to the price of each purchase. In the event Client purchases materials, services, or any items other than those specified by the designer, the designer is not liable for the cost, quality, workmanship, condition, or appearance of such items.

 

Costs, Fees, and Payments

The total cost ("Total Cost") for all Services will be determined after the discovery call and due in full by discussed date(s). The client shall pay the Total Cost to the Designer
as follows:


The first payment is a non-refundable retainer. At a minimum, the Client agrees that the retainer fee fairly compensates Pepper Knox Design Studio LLC for committing to provide the Services and turning down other potential projects/clients.

Schedule of Payment

In order to initiate any design assignment, complete payment is mandatory. There are three methods of payment, which will be determined according to service:

  1.  An initial deposit of 25% will be requested during the preliminary stage, followed by 50% of the project cost after the discovery phase. The remaining 25% balance is due after the revisions have been made and approved and prior to the delivery of final project documents.
     

  2. We will commence with the project once we’ve received the initial 50% payment. This will guarantee both our attendance for the project and its planned duration. The final 50% will be due upon completion of the project, which will include the delivery of the design deliverables.
     

  3. The project can move forward with full payment in advance. This would guarantee both parties’ commitment for the duration of the project.


For all custom invoices, payments must be paid by the due date for the initial price to be honored. Once payment(s) has been cleared, the design process will begin.

 

Refunds/Cancellations

Once the design work is in full effect, Pepper Knox Design Studio does not provide any refunds for any design services under any circumstance. Unfortunately, when a design project starts and design time has accumulated, refunds are no longer applicable. Deciding to move forward with another business or having buyer’s remorse is not a suitable means for a refund. Once payment has been made, the project will begin
and the final design will be returned to the client/customer in the turnaround time
frame given.

 

Concepts and Revisions

Fee quoted includes three preliminary concepts/sketches. Revisions are minor changes to fonts, colors, and content placement. Concepts are the designs (samples/drafts) we create for you to choose from. If you are unsatisfied with any of the concepts provided, you may purchase ONE additional revision for $45.

 

Restart Project Fee

Our ability to complete a project on time depends on everyone’s ability to stick to the timeline. If a project pauses more than 10 business days, you will be charged a restart
fee of $40 to pick up where we left off. If the client deadlines are more than 10 business days late, the Restart Project Fee will be sent, and the work will commence once that fee is deposited.

 

Overtime and Rush Orders

Fees quoted are based upon work performed during regular working hours/business hours (based on a 40-hour week). Overtime and rush work necessitated by Client’s directive is billed in addition to the fees quoted at $75.00 per hour or a mutually agreed upon fee, TBD. At Pepper Knox Design Studio, we do NOT work on weekends and holidays/observed.

Intellectual Property

Copyright Ownership

In the event that any copyrighted work(s) are created as a result of the Services provided by Pepper Knox Design Studio LLC in accordance with this Agreement, Pepper Knox Design Studio LLC owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Pepper Knox Design Studio LLC and may be used in the reasonable course of Pepper Knox Design Studio LLC's business.

 

Permitted Uses of Product(s)

Pepper Knox Design Studio LLC grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Pepper Knox Design Studio LLC with attribution each time Client uses Designer's property. Personal use includes, but is not limited to, use within the following contexts:

  1. Client may not copy, duplicate, distribute, republish, or incorporate the
    Deliverables or allow others to copy, duplicate, distribute, republish or incorporate or use the Project. 

  2. Client may not crop, distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the Final Art. All copyright, trademarks, design rights and other intellectual property (registered and unregistered) shall remain vested in Pepper Knox Design Studio LLC. The Client agrees that such proprietary material is solely for Client’s own personal use. 

  3. Any disclosure to a third party, copying or republishing any portion of the Deliverable or its contents is strictly prohibited and constitutes infringement.

  4. The rights granted to Client are for usage of the Final Art in its original form only. Client’s use of the Final Art at any other time or location, or for another project or outside the scope of the rights specifically granted herein shall require an additional fee and Pepper Knox Design Studio LLC shall be entitled to further compensation equal to percent (100%) of the original Contract Price unless otherwise agreed in writing by both parties. In the event of non-payment, Pepper Knox Design Studio LLC shall be entitled to pursue all remedies under law and equity.

 

Credit

Unless otherwise agreed, Pepper Knox Design Studio LLC shall be accorded a credit line on all published, printed material, to read as follows: Designs Created by Pepper Knox Design Studio LLC.

Artistic Release

Client has spent a satisfactory amount of time reviewing Pepper Knox Design Studio LLC's work and has a reasonable expectation that Pepper Knox Design Studio LLC
will perform the Services in a similar manner and style unless otherwise specified in
this Agreement.

Consistency

Pepper Knox Design Studio LLC will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Pepper Knox Design Studio LLC will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

 

Every client  is different, with different tastes, budgets, and needs;

Design services are often a subjective art and Designer has a unique vision, with an ever-evolving style and technique;

 

Pepper Knox Design Studio LLC will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

 

Although Pepper Knox Design Studio LLC will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Pepper Knox Design Studio LLC shall have the final say regarding the aesthetic judgment and artistic quality of the Services.

 

Limit of Liability

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Designer.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Pepper Knox Design Studio LLC shall refund Client a prorated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Pepper Knox Design Studio LLC and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Services and/or product(s) Pepper Knox Design Studio LLC provides to Client.

 

Changes

Unless otherwise provided herein, Client shall pay additional charges for all changes requested by Client which are outside the Scope of the Services on a time and materials basis, at Pepper Knox Design Studio LLC’s standard hourly of $40 per hour, or in an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price, or final price identified therein. Pepper Knox Design Studio LLC may extend or modify any delivery schedule or deadline as required by such Changes.

 

Work Change Order

Work change orders will be issued for additional work and changes requested after approvals or commencement of work. WCO’s include a description of the change/addition requested, estimated additional costs, and changes to work schedules/project completion. The Client’s signature is required on WCO’s to proceed with changes/ additions.

 

Impossibility

Force Majeure. 

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [number] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [number] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

Failure to Perform Services. In the event Pepper Knox Design Studio LLC cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

  2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

  3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Pepper Knox Design Studio LLC will issue a refund or credit based on a reasonably accurate percentage of services rendered; and

  4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

Appropriate Conduct/ Safe Working Environment

Project.

The Client(s) expressly agree(s) to take the best efforts to provide Pepper Knox Design Studio LLC with safe and appropriate working conditions. In the event of circumstances deemed by either Pepper Knox Design Studio LLC or a bystander to present a threat or implied threat of injury or harm to Pepper Knox Design Studio LLC staff or equipment, the Pepper Knox Design Studio LLC reserves the right to cancel all services remaining under this Agreement and leave the location/project. AtPepper Knox Design Studio LLC’s discretion, the Designer may enact a three-strike policy. After the first offense, the Designer will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Pepper Knox Design Studio LLC shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the project. If the behavior occurs a third time, the Designer will immediately leave the location/project. If the Designer leaves the location/project early due to any offending behavior, the Client(s) expressly agree to relieve and hold Designer harmless as a result of incomplete project coverage, or for a lapse in the quality of the Designer's work, and the Client(s) shall be responsible for payment in full.

 

Non-Project.

The Client(s) expressly agree(s) to take the best efforts to provide Pepper Knox Design Studio LLC's staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Pepper Knox Design Studio LLC staff, Designer will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Designer shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Designer harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Designer's work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Pepper Knox Design Studio LLC resumes work detailed in this Agreement.

 

Health & Safety.

Client(s) further understand that Designer complies with all health and safety laws, directives, rules, and regulations. Client(s) expressly agree(s) that during the project Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request Pepper Knox Design Studio LLC to do anything illegal or unsafe. Further, Pepper Knox Design Studio LLC will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Designer reserves the right to end service coverage immediately and/or leave the location/project. Pepper Knox Design Studio LLC shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Pepper Knox Design Studio LLC harmless as a result of incomplete project coverage, or for a lapse in the quality of the Designer's work.

“Do Not Disturb” Policy

Pepper Knox Design Studio stands by a “Do Not Disturb” policy during the design process of each project. The client must understand that the designer works best in a non-disturbance atmosphere. You will receive your first preview during the first phase of revisions.

 

Termination Policy

Client and Designer may terminate the project based upon mutually agreeable items to be determined in writing, either before the signing of this proposal or within the final Client-Designer Contract.

 

No Communication/ “Ghosting” Policy

We have a policy that after 30 days of no communication from you we will terminate the project and it will be canceled. However, we are human and we are always open to listening and understanding your position and will do our best to help whenever we can, we just need to communicate.

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