Tet Kelly Art | Terms and Conditions

 


In order to become a Client of Maria Theresa Javier Kelly trading as Tet Kelly Art or a user of any of Tet Kelly Art’s services, you agree to the following terms and conditions. Your agreement to these terms will be indicated by: the acceptance of any contract; the start or completion of any business activities; or use of any of Tet Kelly Art’s services whichever comes first.

Please read these terms and conditions carefully. If you do not accept these terms and conditions without modification, you may not use Tet Kelly Art’s services. Tet Kelly Art may revise these terms and conditions at any time by updating this document. 

In no event shall Tet Kelly Art be liable to the Client for any loss of business, profits or anticipated savings or for any other indirect consequential or economic loss whatsoever.

 

Definitions

“Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any Quotation and includes the Client’s officers, employees, contractors and agents.

“Contract” means these Terms and Conditions of Trade and includes any quotation, work authorisation or any other documentation provided by Tet Kelly Art to the Client.

“Quotation” means any agreed quotation, written acceptance, purchase order or other work authorisation.

“Services” shall mean all graphic design, web development, social media marketing, digital marketing services specified in a Quotation or otherwise supplied by Tet Kelly Art to the Client and includes any advice or recommendations and where the context so permits.

 

Quotations

Quotations are generated by Tet Kelly Art on the basis of the Client’s design inputs, expectations or brief as well as expected time investment. Quotations may be subject to change if additional work is required. All turnaround time quotations are estimates and are based on calendar working business days. No quoted printing, artwork or delivery dates are guaranteed and may vary. Quotations are valid for 30 days. Printing quotations are outsourced with another printer who must be paid directly.

 

 

Project

The Designer agrees to provide graphic design services as listed in the “deliverables” section of the quotation provided.

The Designer agrees these deliverables will remain the sole provider for the term of this project. All work will remain unique, original, and free of any plagiarism.

The Client shall appoint one main representative to communicate to Tet Kelly Art throughout all stages of the project. As such, Tet Kelly Art shall respond to directions and requests made by the appointed representative only. It is the client’s responsibility to notify Tet Kelly Art as soon as practicable of any staffing changes. All content should be delivered in one package, containing all images, text, captions etc. together with clear instructions on where the content is to go.

 

Confidentiality

The Designer hereby acknowledges she may be involved in or become aware of information that relates to the client on a personal level including information related to the client’s past, future, present, customer names, marketing plans, project information, and financial documents. The Designer agrees to protect all the above information and keep any information obtained confidential.

However, the Designer will be permitted to display final work on their website or in promotional materials.

 

Alterations

Unless otherwise stated, creative and design works include one set of major changes and a second set of minor alterations. Tet Kelly Art will always give The Client prior notice should work exceed that which is outlined in an agreement. If work undertaken exceeds the work outlined or any addition is made the items listed after an agreement has been signed, The Client agrees to pay appropriate fees for ‘Excess Work’.

 

Artwork Approval

It is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, Tet Kelly Art is not liable for loss, expense or damage caused by any act or omission.

 

Payment & Fees for service

The Client agrees to pay the invoiced amount within the time frame specified on the invoice. Some projects will require a deposit and this shall be determined by Tet Kelly Art. If required, the terms will be communicated with you personally. For overdue accounts, Tet Kelly Art reserves the right to charge interest on the outstanding amount until the overdue account is paid in full.

 

Project cancellation

Either party may terminate this contract at any time for any reason they deem necessary with written notice (email preferred). Tet Kelly Art retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation. 

Tet Kelly Art reserves the right to delete websites with accounts more than 60 days outstanding payment.

 

Confidentiality

The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by Tet Kelly Art to be a competitor of Tet Kelly Art. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.

 

Copyright

You guarantee to Tet Kelly Art that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in your project are either owned by your good selves, or that you have permission to use them.

Unless otherwise stated in the quote/proposal, it is agreed that Tet Kelly Art will release intellectual property once the Client agrees to pay project costs in full. This does not include preliminary designs that are not approved by The Client.

Tet Kelly Art always retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and marketing materials.

With websites, Tet Kelly Art reserves the right to include a hyperlink on the website’s footer.