TERMS &
CONDITIONS
Current as of November 2022 between "Client/Client Company Name", incorporated (hereby referred to as the “Client”) and Kingdom Creative. The Client and Kingdom Creative shall be collectively referred to as “Parties” and individually as “Party”. The Client wishes to engage the Kingdom Creative in Graphic Designing and other design services, as elaborated in accepted quote.
The Parties hereby agree to the below terms and conditions:
Scope of Work
Kingdom Creative agrees to provide the following services:
- Logo Designing
- Brand Printing
- Other
SERVICE TERM
These Terms & Conditions shall commence as of the effective date and shall continue for the agreed upon time period following the acceptance of the service quote.
Payment Policy
- All balances shall be due upon completion of the work or receipt of the invoice. Invoices shall be delivered regularly and are due upon receipt.
- The Graphic Designer may cease work if any balances remain unpaid for a period of one month.
- If the scope of work gets modified during the project’s completion, additional costs shall be added to the final amount.
- All clients are required to maintain a valid credit card on file before the commencement of any work. Credit cards on file will only be charged if a balance is over 30 days past due, or if the Client specifically opts for one-time or ongoing scheduled payments by credit card.
Client Approval
- The Client shall be notified for approval upon any or all services provided under these terms for finalization and submission.
- The number of revisions, the Client is entitled to upon final approval, is three.
- The number of revisions above shall be charged at a rate of $100.00 AUD.
Confidentiality
All confidential information that is communicated to and obtained by the Graphic Designer from the Client in connection with performing the scope of services under this Contract shall be held by the Graphic Designer in full trust. At no time will the Graphic Designer use any confidential information obtained through conducting this service contract either directly or indirectly, for personal benefit, or disclose or communicate such information in any manner to any third party. This provision shall continue to be effective after the termination of this Contract.
Cancellation
These terms may be cancelled/terminated by either Party submitting a written notice to the other Party or may immediately be cancelled under the following circumstances:
- If there is a failure to make a required payment when due
- In the event of bankruptcy by either Party
- The failure to make available or deliver the services in the time and manner as described in this Contract.
- Upon termination of this Contract, Kingdom Creative shall cease reproducing, advertising, marketing, and distributing any material or information pertaining to the Client immediately.
Limitation of Liability
Under no circumstances shall either Party be liable to the other Party or any third party for any damages or any special, indirect, or consequential damages, that might result from any part of this Contract such as, but not limited to, loss of profit, revenue, or failure in the delivery of services.
Independent Contractor
Kingdom Creative shall be retained as an independent contractor. Kingdom Creative shall be fully responsible for payment of its income taxes on all compensation earned under this Contract. The Client shall not withhold or pay any taxes on behalf of Kingdom Creative. Kingdom Creative understands that they will not be entitled to any added employee benefits that Client provides for its employees generally or to any statutory employment benefits, including without limitation worker's compensation or unemployment insurance.
Indemnification
The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, employees, and permitted successors. Assigns against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or amount, which result from the negligence of or breach of this Contract by the indemnifying Party; its respective affiliate or successors and any assign that occurs in connection with this Contract. This section remains in full force and effect even after the termination of the Contract.
Representation and Warranties
- Kingdom Creative represents and warrants that it has the right to enter into and perform accepted quote.
- Kingdom Creative further represents and warrants that it is the rightful owner; and therefore has the right to utilize and distribute the designs created for the Client.
- Kingdom Creative warrants to take full responsibility and repay associated damages if it uses any third party's existing intellectual property.
- Kingdom Creative warrants it shall adhere to the requested deadline and comply in any other manner by which the Client's requirements shall be fulfilled.
Miscellaneous
- Assignability: Neither Party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written approval of the other Party which shall not be unreasonably withheld.
- Notices: Any notice required to be given to the Client shall be delivered by certified mail, personal delivery, or overnight delivery paid for by the Company.
- Force Majeure: Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
- Modification: No modification of this Contract shall be made unless in writing, signed by both parties.
- Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect until the termination.
- Governing Law and Jurisdiction: If the disputes are not resolved by arbitration, the parties agree to resolve disputes through litigation in accordance with the laws of Queensland, Australia.
- Legal and Binding Contract: This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding in Queensland, Australia. The Parties each represent that they have the authority to enter into this Contract.
- Entire Agreement: This Contract constitutes the entire understanding of the Parties, and revokes and supersedes all prior Contracts between the Parties and is intended as a final expression of their Contract. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Contract. This Contract shall take precedence over any other documents which may conflict with this Contract.