Terms & Conditions
The following terms and conditions apply to services provided by Kevin Karl unless noted and agreed upon otherwise. All work is carried out and provided by Kevin Karl with the understanding that the client has agreed to the terms set forth. These specific terms shall become legal and binding unless any variations are requested and agreed upon in writing prior to the start of any work.
• Unless otherwise negotiated, Kevin Karl is providing services to the buyer/client as an independent contractor and not as an employee nor under a work for hire arrangement. Kevin Karl does not provide services on a speculation basis. All sketches, concepts, photos, intellectual property, writing, drawings, designs, developed by Kevin Karl in preparation of creating visual or written material(s) for the buyer/client shall remain the property of Kevin Karl who shall also retain all copyrights to that preliminary work. Buyer/client shall receive finished versions of artwork, images, copy, designs, per the original assignment and will be granted specific usage rights to the material provided. In some cases, Kevin Karl will automatically assign all rights of the final design to the buyer/client. In all cases, Kevin Karl shall retain the right to use any material created for the buyer/client for self-promotional purposes.
• At the time of proposal, Kevin Karl will provide the buyer/client with a written contract/estimate for services requested. A signed copy of the estimate shall be returned to Kevin Karl before any work shall commence. An electronic confirmation via e-mail is also an acceptable means for engagement. For new clients, a deposit of 50% of the agreed total shall be due prior to the start of any work. Payments can be made by cash, money order, Visa, Mastercard, or check. All payments will be made to Kevin Karl.
• All invoices are due upon receipt and shall be paid within 30 days of invoice date. After 30 days, a 2% late fee will be added to the invoice total and will compound by 2.5% every 30 days thereafter. Ongoing projects which will progress beyond 30 days shall be billed every 30 days for services rendered up to that point, and every 30 days thereafter for as long as the project continues. Kevin Karl refuses permission for the buyer/client to use any artwork, designs, photos, copy, or other material provided/created, in whole or in part by Kevin Karl if payment is delinquent or any dispute remains unsettled regarding payment. If no payment has been received after 60 days, the account will be considered in default and turned over to a 3rd party for collection. The buyer/client shall assume responsibility for all collection and legal fees necessitated by default in payment.
• Any charges over $150 incurred by Kevin Karl for 3rd party services required to complete a project for the buyer/client shall be paid for at the time the service is rendered. Kevin Karl will communicate the need, scope, and price for these services prior to any 3rd party service being performed.
• The buyer/client shall make additional payments for changes or corrections requested outside of the original assignment. No additional payments shall be made for changes within the original scope of work.
• When limited usage of an image, artwork, design, has been assigned to the buyer/client, the buyer/client is responsible for, and must protect all materials belonging to Kevin Karl from being duplicated or altered.
• Kevin Karl or the buyer/client has the right to terminate a project at any time, at which point a fair cancellation fee will be assessed based upon the work already produced as well as the original price quoted to complete the project. If the project is cancelled by the buyer/client after any preliminary work has been done by Kevin Karl, then the cancellation fee will be between 25% and 100%, but no less than 25% depending on the degree of completion. If the project is completed successfully by Kevin Karl but the buyer/client decides not to use the material produced, the amount due shall be 100% of the price originally quoted.
• The buyer/client is responsible for all final content including but not limited to grammatical, social, technical, legal, educational, typographical, financial, political aspects. Buyer/client also claims that they have obtained permission to use any material(s) provided to Kevin Karl which are to be incorporated into any visual or written product. The buyer/client agrees to fully indemnify and hold Kevin Karl free from harm in any claims resulting from the buyer/client not having obtained all the required copyrights or permissions. Kevin Karl is not responsible for any modifications made by 3rd parties at the instruction of the buyer/client to work produced by Kevin Karl before or after said material goes public or is published.