TERMS & CONDITIONS
These Terms and Conditions govern your use of The Kendra Emil Brand’s services and website. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
Definitions
Client refers to the individual or entity engaging [Your Agency Name] for services.
Services refers to the branding, design, and related services provided by [Your Agency Name].
Deliverables refers to the final product(s) or work provided to the Client as a result of the Services.
Scope of Services
Services Provided
The Kendra Emil Brand offers a range of services including, but not limited to, branding, graphic design, website design, marketing collateral design, and related creative services. The specific services to be provided will be detailed in the project proposal or statement of work.
Changes to Services
Any changes to the scope of Services must be agreed upon in writing by both parties. Additional fees may apply for changes outside the original scope.
Client Responsibilities
Provision of Information
The Client agrees to provide all necessary information, materials, and approvals required for The Kendra Emil Brand to perform the Services in a timely manner.
Approvals and Feedback
The Client is responsible for providing timely feedback and approvals on project milestones and deliverables. Delays in providing feedback may affect project timelines.
Usage Rights
The Client warrants that any materials provided to The Kendra Emil Brand for use in the Services do not infringe on the intellectual property rights of any third party.
Fees and Payment
Fee Structure
The fees for the Services will be as agreed upon in the project proposal or statement of work. Fees may be based on a fixed price, hourly rate, or other agreed-upon structure.
Payment Terms
Invoices are payable within 14 days of the invoice date unless otherwise specified. A deposit of 40% (may vary) may be required before work begins. Late payments may incur interest at a rate.
Additional Costs
The Client agrees to reimburse [Your Agency Name] for any additional costs incurred during the project, such as third-party software licenses, stock photography, or travel expenses, if applicable.
Intellectual Property
Ownership of Work
Upon full payment, the Client will own the rights to the final deliverables. The Kendra Emil Brand retains the right to use the work for promotional purposes unless otherwise agreed upon in writing.
Use of Trademarks
The Client grants The Kendra Emil Brand a limited license to use its trademarks, logos, and other intellectual property solely for the purpose of providing the Services.
Portfolio Use
The Kendra Emil Brand reserves the right to showcase the completed work in its portfolio, including online and offline media, unless a confidentiality agreement prevents such use.
Confidentiality
Confidential Information
Both parties agree to keep all confidential information disclosed during the course of the project confidential and not to disclose it to any third party without prior written consent.
Exceptions
This obligation does not apply to information that is or becomes publicly available, is already in the receiving party’s possession, or is required to be disclosed by law.
Limitation of Liability
No Warranties
The Kendra Emil Brand provides the Services on an “as-is” basis without any warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.
Limitation of Damages
The Kendra Emil Brand shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Services.
Maximum Liability
The maximum liability of The Kendra Emil Brand under these Terms shall not exceed the total fees paid by the Client for the Services.
Termination
Termination by Client
The Client may terminate the project at any time by providing written notice. The Client will be responsible for payment of all work completed up to the termination date.
Termination by Agency
The Kendra Emil Brand may terminate the project if the Client breaches any of these Terms or fails to pay the agreed fees. The Client will be liable for any unpaid work completed up to the termination date.
Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Tennessee.
Mediation
In the event of a dispute, the parties agree to attempt to resolve the dispute through mediation before resorting to litigation.
Jurisdiction
Any legal proceedings arising out of or relating to these Terms shall be brought in the courts located in Tennessee.