Terms & Conditions

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By contracting with “Kip FX Design”, you acknowledge that you have been offered the opportunity to read these Terms and Conditions and agree to be bound by them.

You also acknowledge that, as the basis for the contract between us, these Terms and Conditions take precedent over any other terms and conditions, express or implied, and regardless of whether it is your general practice to conduct similar engagements under your own Terms and Conditions.

Confirming our contract and starting the job
The project will be undertaken when I receive an e-mail from you telling me clearly that you are commissioning the work and the first half of the total payment amount is received. If you are contracting with me on behalf of any group of individuals other than yourself alone, or on behalf of a company, you warrant that you are authorised to enter into a contract on behalf of that group of individuals or company.

The work we do for the fee we agree

Our pricing is intended to be ‘locked.’ That means that once we’ve agreed the fee, I aim to support the contract of agreed work until you are entirely happy with it, without any further fee being due providing the amends are still aligned with the initial agreed brief.
In order to avoid the possibility of this policy being abused, the design service of which you are contractually assured for the price we agree is defined as and limited to: preparation of the first draft; submission of first draft; integration of your feedback to allow preparation of second draft; submission of second draft.
Any significant alterations to the brief after commencement of the project will require further agreement regarding costs if they are to be accommodated.

Feedback

You agree to feedback on drafts within 5 working days in order to allow the project to progress. Should the project stagnate for more than 15 working days due to a lack of action or feedback on your behalf, you agree that I reserve the right to invoice and charge you for the remaining instalments up to the full project amount.
Intellectual property You undertake and agree to indemnify me for any expense, damage or loss suffered as a result of any claims or proceedings regarding infringement or alleged infringement of any intellectual property rights owned by a third party, resulting from the use of any copy, data, design or artwork or other materials or items supplied by that party.

Third-parties

Any agreed work involving third-parties is on the basis of a separate contractual agreement between yourself and the third-party concerned. Even when we act on your behalf in an advisory role, the ultimate responsibility for the performance of such work is with the third party contracted. As such, any contractual agreements, costs and liabilities with any third-parties are to be regarded as separate and independent from the contractual obligations outlined in this separate agreement between ourselves and you.

Your right to use the work we design for you

As part of commissioning Kip FX Design to design for you, you are also purchasing the copyright contained within the work we design for you, and this is assigned to you on receipt by ourselves of full and final payment of all fees due. Please note that third-party copyrights and design work rights will have to be separately agreed with those concerned.
We reserve the right to use the copy and other materials worked on for promotional use.

Payment terms

Payment terms for design only are 50% up front, 50% upon completion (unless otherwise agreed ie, new clients, small order value). The final instalment will be due within 7 days upon receipt of the final invoice or 7 days upon completion of the project, whichever is soonest. Payment terms for any print jobs are payable upfront in full, upon receipt of your invoice.
Payment is by cheque to the payee “Kerri Green” at the address shown on the invoice, or via Paypal account “billing@ukbn.info” unless we have agreed that you will make an electronic funds payment directly into a designated account. Notwithstanding the above, each individual component of the project is separately chargeable upon satisfactory completion.
Once a project is started, the fee we have agreed between us for the full project is deemed to have been incurred unless we agree or have agreed on payment milestones. You have no right to withhold or reduce payment for whatever reason and you acknowledge our right to pursue payment in full should you elect for any reason to do this. In the event of premature commutation of the project by you for any reason, no reduction in fee will be due, and the full sum agreed between us for the work contracted will immediately become due for payment.
This does not affect your statutory rights.

Auction Payment

Anyone bidding on any of the auctioned offers on the website (www.kipfx.com), are bound by the these terms, if you are the wining bidder in any of the Kip FX auctions you willl be required to pay within 24 hours. If you are not comfortable with this terms, please do not enter the auction.

Late Payment

Where payment is not received within 5 working days of the due date , I reserve the right to charge interest. This will be applied at 5% per month (or part thereof) plus any debt collecting agency fees incurred.

Jurisdiction

In the settlement of any and all disputes arising out of these Terms and Conditions or arising in any other way from any contract formed between us, you acknowledge that United Kingdom Law will prevail and agree to subject yourself to and comply with any settlement ordered under United Kingdom Law.

By confirming your agreement by email, you acknowledge that you have read the Terms and Conditions either here or on the website listed at the top of this and agree to be bound by them.