GENERAL TERMS & CONDITIONS
The terms we, us, me and our refers to KAR Productions and or myself Kenneth Rogers the owner of KAR Productions. The terms user, the client, you, and your refer to site visitors, customers, and any other users of the site.
CONCEPTS AND REVISIONS
A contract will be sent to ensure all parties are in agreement with and understand the services rendered. Please refer to your contract to view how many revision and concepts you will receive.
KAR Productions has the right to display and market all work completed as a result of any contract agreement.
Copyright on all custom designs will be handed over to you at time of completion. KAR Productions will retain copyright to all designs that are not one of a kind and/or subject to resale.
KAR Productions reserves the right to use stock images/clip art/vectors in the creation of designs if required.
All unselected concepts remain the property of KAR Productions and it is strictly prohibited to use or copy any unselected concepts presented to you.
PAYMENT, REFUNDS & CANCELLATIONS
Payment in full is required prior to the commencement of any design work unless you have arranged a payment plan. Payments can be made direct via Paypal.
If you are paying under a payment plan you will need put down a %50 deposit before commencement of any work. Prior to receiving your final design files you will need to make the remainder of your payment. All payments are non-refundable. If you are unhappy with anything please let me know and I will do my best to rectify the situation.
Down payment is our way of securing your spot in the schedule. We often book projects ahead of time and scheduling is the key to making sure that all clients are given the proper amount of time their project deserves. Therefore, if you back out it may leave an empty spot that could have been given to another project. Our nonrefundable deposit is a way of securing payment and making sure that clients are serious about moving forward with their project. However, in the wake of unforeseen circumstances we are willing to work with clients on an individual basis to achieve a fair agreement. If a project is cancelled by KAR Productions due to unforeseen circumstances, the client will be provided a full refund in a timely manner.
Due to the nature of our work, absolutely no refunds (unless it is for the reason stated above) will be given as the cost is charged per the time taken to design and not the actual design.
Refunds will also not be given on pre-made items if you do not like how your business name looks after you purchase. You will have access to view proofs (depending on what was purchased) after the purchase is made.
Any discrepancies on instant download items will be discussed on a case-by-case basis and only if there should be a problem with the files. Refunds will not be given if you simply change your mind.
RESPONSE TIME & COMMUNICATION
The majority of designer/client communication is normally conducted via email and or Teamwork Project Manager KAR Productions will not take design changes via telephone. During your optional over the phone design consultation we will discuss your answers to the questionnaire any questions you might have. Our work is predominantly visual so it makes sense use a visual medium to communicate your ideas.
The Client agrees to provide timely responses to KAR Productions after receiving status notifications, work for review or requests for information.
The client shall have 15 days to respond to each draft/request for information submitted. If the client has failed to respond after 15 days, KAR Productions will deem the project complete or cancel the project, archiving any files and removing the project from Teamwork Project Manager. At such time, KAR Productions shall have no further obligation to the client, and the client shall lose any investment already paid to KAR Productions as well as any design work. Please contact us if your feel that you cannot respond in a timely manner or if you would like to place your project on hold.
KAR Productions will use all reasonable efforts to meet quoted completion dates. However, time is not the essence of the Contract and KAR Productions will not be liable in cases of late reporting, however caused, nor shall lateness be deemed to be a breach of Contract or an act of negligence.
The client must proof all documentation prior to completion. Any amendments required after completion will be subject to additional fees.
While KAR Productions takes all care to avoid errors, KAR Productions accepts no responsibility for typographical errors, spelling mistakes, or incorrect information if any. The client must proof and approve all artwork and pertinent information prior to completion of finalized files. The confirmation of the Client shall be conclusive as to the approval of all.
LIABILITIES & PERMISSIONS
KAR Productions is not liable for any printing errors and any subsequent monetary loss. Please check files and resolution prior to proceeding with printed materials with your chosen printers.
With all printing there may be some color variations from what you have seen on screen, to what the final product looks like, and previous orders.
KAR Productions assumes no responsibility for obtaining permission from professional photographers and is not liable for reproduction copyright laws. In submitting a picture to use in your design, you are agreeing that you have the rights to use that picture and KAR Productions is not liable for any misuse of copyrighted images. The customer must also have the necessary permission/copyright release from all persons in the video.
TROUBLESHOOTING & EDUCATING
KAR Productions is not responsible for troubleshooting or educating you on how to use the files provided. If you purchased one of the Wordpress packages we will show you how to change, add content and create posts or (anything else listed in your contract) during your 30 minute training session. Instant download files come with basic instruction but depending on the product purchased knowledge of Photoshop or Adobe Illustrator might be required. Usually a quick Google search can give sufficient info on the different file types and I am happy to give basic guidance but not tutorials!
CLIENT FILE ARCHIVAL
KAR Productions backs up all previous work and files, including all concepts, versions and variations. We keep all artwork for a period of 3 months from the date of the last project, after which time it will be deleted. Upon completion of your project we can either share a folder with all of your finished files via Dropbox.com or email them direct to you.
CLIENT/DESIGNER PROFESSIONAL COURTESY
The Client and KAR Productions agree to behave through all communications in a professional, courteous and respectful manner. Any actions toward staff or designers at KAR Productions deemed as disrespectful, unprofessional, abusive, bullying or verbal/written cruelty on the part of "The Client" may result in a cancellation of the project with no refund.
Actions that may result in cancellation of the project may include: insulting language, profanity, unwarranted criticism of the designer's general ability and not the art, disrespectful comments, personal insults, defamation, slander, swearing, flaming on social media sites, personal insults, threats regarding non-payment, bullying behavior general lack of respect.
Updated: October 2016
WEBSITE TERMS & CONDITIONS
Use of www.karproductions.com including all materials presented herein and all online services provided by KAR Productions is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 16 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 16 are prohibited from using the Site. Information provided on the Site and in the Service related to design and other information are subject to change. KAR Productions makes no representation or warranty that the information provided, regardless of its source (the Content), is accurate, complete, reliable, current, or error-free. KAR Productions disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. KAR Productions reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by until payment has been processed. KAR Productions may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
KAR Productions will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
KAR Productions endeavors to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining our services, please do not accept that the Site is entirely accurate, current, or error-free. From time to time errors in pricing and descriptions may occur. KAR Productions reserves the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
KAR Productions claims no intellectual property rights over the material you supply to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit remains yours to the extent that you have any legal claims therein. You agree to hold KAR Productions harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by KAR Productions, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part, without our prior written consent. KAR Productions reserves the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGE OF TERMS
KAR Productions may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of the Terms and Conditions.
THIRD PARTY RESOURCES
karproductions.com contains links to third party websites and resources. You acknowledge and agree that KAR Productions is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with KAR Productions. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as KAR Productions may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as I necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: firstname.lastname@example.org
These Terms and Conditions bind and inure to the benefit of the parties successors and assigns. These Terms and Conditions are not assignable, delegable, sub licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
© 2018 KAR Productions. All Rights Reserved.