Terms and Conditions
Marketing & Web Design Terms & Conditions
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription and/or acceptance of Website Design, Development and other Internet-related and Marketing services provided by Kre8tive Digital LLC (the "Services"). As used in this Agreement, "Kre8tive Digital LLC" means Kre8tive Digital LLC and "Client", "you", or "your" means you.
By using our services and upon payment of agreed upon services, you agree to these terms and conditions and all policies posted on the Kre8tive Digital LLC site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Kre8tive Digital LLC Site" refers to the Site located at the URL https://www.kre8tivedigital.com or any other successor Sites owned or maintained by Kre8tive Digital LLC.
The following terms and conditions apply to all website development / design services provided by Kre8tive Digital LLC to the Client.
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges
Charges for services to be provided by Kre8tive Digital LLC are defined in the project estimate that the Client receives via e-mail. Estimates are valid for a period of 7 days. Kre8tive Digital LLC reserves the right to alter or decline to provide an estimate after expiry of the 7 days. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project estimate total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. Payment for services is due by credit, debit card, or ACH Transfer. PayPal, Apple Pay, or Google Pay is also accepted. No checks will be accepted at this time. Bank details will be made available on invoices.
Client Review
Kre8tive Digital LLC will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Kre8tive Digital LLC otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Kre8tive Digital LLC will install and publicly post or supply the Client's website by the date specified in the project estimate, or at date agreed with Client upon Kre8tive Digital LLC receiving initial payment, unless a delay is specifically requested by the Client and agreed by Kre8tive Digital LLC. In return, the Client agrees to delegate a single individual as a primary contact to aid Kre8tive Digital LLC with progressing the commission in a satisfactory and expedient manner. During the project, Kre8tive Digital LLC will require the Client to provide website content; text, images, movies and sound files Failure to provide required website content: Kre8tive Digital LLC is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge. If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.
Payment
Invoices will be provided by Kre8tive Digital LLC upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
Additional Expenses
Client agrees to reimburse Kre8tive Digital LLC for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Web Browsers
Kre8tive Digital LLC makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Kre8tive Digital LLC cannot guarantee correct functionality with all browser software across different operating systems. Kre8tive Digital LLC cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Kre8tive Digital LLC reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Kre8tive Digital LLC's Web space, Kre8tive Digital LLC’s will, at its discretion, remove all such material from its web space. Kre8tive Digital LLC is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will result in the Client's account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Kre8tive Digital LLC reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Kre8tive Digital LLC in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Indemnity
All Kre8tive Digital LLC’s services may be used for lawful purposes only. You agree to indemnify and hold Kre8tive Digital LLC harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Kre8tive Digital LLC the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Kre8tive Digital LLC permission and rights for use of the same and agrees to indemnify and hold harmless Kre8tive Digital LLC from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Kre8tive Digital LLC that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (Email, Dropbox Link, or other Shared Drive link) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Kre8tive Digital LLC to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
Design Credit
A link to Kre8tive Digital LLC will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Kre8tive Digital LLC’s portfolio.
Access Requirements
If the Client's website is to be installed on a third-party server, Kre8tive Digital LLC must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
Kre8tive Digital LLC cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Governing Law
This Agreement shall be governed by United States Law.
Liability
Kre8tive Digital LLC hereby excludes itself, its Employees and or Agents from all and any liability from: * Loss or damage caused by any inaccuracy; * Loss or damage caused by omission; * Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; * Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise. The entire liability of Kre8tive Digital LLC to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
Changes to our Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately upon their publishing.
Contact Information
Legal Name of Company : Kre8tive Digital LLC
Name of Business : Kre8tive Digital LLC
Enquiry Hotline : +1 (510) 269-0564
Mailing Address : 1271 Washington Ave #951, San Leandro, CA 94577
Photography Terms and Conditions
TERMS
This agreement is between LKB Photography, hereinafter referred to as the “Photographer”, operating in the State of California, and the signers of this photography agreement, hereinafter referred to as the “Clients”, collectively referred to as the "Parties”. The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
AGREEMENT
Overview: This agreement contains the entire understanding between the Photographer and the Client(s). It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
1. Change of date or venue: The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client's responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as
listed, you must notify the Photographer.
The Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event to touch base and go over last-minute details. The Photographer will make every effort to contact the Client, but it is the Client's responsibility to contact the Photographer to confirm all events and times.
2. Retainer:
A retainer fee of $50 is required for all portrait sessions. A retainer of $100 is required for all event photography.
This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to attend said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.
3. Methods of payment:
We accept all debit and credit card payments.
No personal checks will be accepted. All services rendered are bound by written agreement. Late charges will be applied if payment is not received by date specified on invoice. All discounts given at time of service must be backed by written agreement only available from photographer on-site at time of service or via email.
4. Punctuality:
All sessions have a specific amount of time allotted, which is included in the package price. Please be on time. We understand that things can happen sometimes. However, it is not only beneficial to you, the client, but beneficial to all professionals involved if everyone is on time to the shoot. We allow a 10-minute grace period for causes outside of your control. However, if you are more than 10 minutes late, you will be charged $50 per half hour. Please be respectful of the photographer’s time.
We often offer exclusive package deals with preferred partner studios. Please also be on time to the studio. Please book time with the studio(s) as needed. If you know you will need extra time, it might be best to book the studio for longer than you are booking the photographer to allow for extra prep time.
We understand that unforeseen circumstances can change the timing of things, however we ask that you respect the photographer’s time and make every effort to be timely about wardrobe changes and preparation (ie. hair, makeup, steaming and/or other preparation of clothing/outfits, food staging, etc.)
You will receive a certain amount of final edited images based on the package you choose. Please read all instructions carefully.
**Regarding children: Please do not bring your children to a photoshoot if they are not involved in the shoot. We do not offer daycare services and most locations we shoot at will not take any liability for children present. LKB Photography takes no liability for any children that are not involved in scheduled shoots.
5. TFP/C (Trade for Photos/Content) Sessions:
Unless otherwise stated, there is a charge for ALL services provided. TFP or TFCD sessions are scheduled at the discretion of the photographer. These shoots cannot be requested. This type of shoot is usually only applicable when the client is approached by the photographer for a shoot and not the other way around.
6. Cancellation: There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
We are an independent, professional photography service provider and we try our best to work with each client understanding that their needs are unique. These policies are in place to assure that all clients are treated the same just as we value each client the same.
*NOTE: Please, also understand that all fees are non-negotiable.
7. Failure to perform: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location.
It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying
people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.
8. Copyright: Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the "images") created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.
Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing hi-resolution images on CD/DVD, Clients will be given a written release to make personal copies of images from CDs or DVDs. The client understands the images given on CD/DVD cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
9. Exclusive photographer: The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer's duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.
10. Expenses: Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
11. Garments: The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
12. Creative License: Images are edited at the Photographer's discretion and delivered prints may not include all images shot.
The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer's artistic standards.
13. Force majeure: If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
14. Returned checks: Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand the Photographer's current price list.
15. Contracted work and “At-Will” employment
Effective as of 2/12/20, any services provided on a consistent basis in excess of 14 days must be bound in either a contractual or “at-will” agreement. All work will cease immediately until a written agreement is reached. This change ensures that the time spent on projects is within respectful limits and does not disregard the time of the professional providing contracted services, ie, LKB Photography, Style Uncharted, Kre8tive Digital LLC, or any of its representatives. All services desired that are pertinent to the completion of projects must be outlined in the agreement so that no unnecessary time is spent on things that do not pertain to the completion of the project or work in progress.
16.Delivery of Photos and other media:
Please allow 7 – 14 business days max for delivery of Final album(s) and digital media. Turnaround may be faster depending on number of photos taken, etc. If you have not made your payment in full, your media will not be delivered.
We trust that you will find our work satisfactory and look forward to working with you soon.
For any questions or concerns please contact us at:
833.573.8669 Direct
lydia@kre8tivedigital.com
www.kre8tivedigital.com
LKB Photography
c/o Kre8tive Digital LLC