Terms of Service

1. Agreement Overview

This Terms of Service ("Agreement") constitutes a legally binding agreement between Kem Design ("Kem Design") and the Customer ("Customer"). By using the services provided by Kem Design, the Customer agrees to adhere to the terms, conditions, and obligations outlined herein. Failure to comply with these terms may result in the termination of services. Except for ongoing obligations, such as payment for services rendered, the relationship between the Customer and Kem Design shall cease upon termination of this Agreement.

2. Service Plans

Brand Design Subscription:

This subscription includes all design production services listed on our website, excluding website development. Customers pay a monthly fee upfront, granting them the ability to submit design requests that will be worked on one at a time. Each request is typically delivered within a few days, depending on its complexity. For larger requests, projects will be broken down into milestones, with each milestone delivered within the same turnaround timeframe. Customers may opt to add an additional request to have two active requests at a time for an additional fee.

Brand and Webflow Subscription:

This subscription includes everything in the Brand Design Subscription, as well as website development services on the Webflow platform. Similar to the Brand Design Subscription, customers submit design or development requests that are completed one at a time with delivery within a few days based on the complexity. Larger requests will be divided into milestones, each with the same turnaround timeframe. An option to add an additional active request is available for an additional fee.

Cancellation and Renewal:

Customers may cancel their subscription at any time by providing written notice at least 14 days before their next billing cycle. After cancellation, Kem Design will continue to provide services until the end of the current billing cycle, after which no further charges will be incurred.

Traditional Project-Based Services:

For customers who do not require ongoing design services, Kem Design offers design and development services in a traditional project-based format. Upon request, a detailed proposal will be provided, including the project scope, timeframe, deliverables, and price. A 50% deposit is required to begin the project, with the remaining balance due upon completion.

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3. Fulfillment, Refund, and Cancellation Policy

Fulfillment Policy:

Kem Design is committed to delivering high-quality design and development services within the agreed-upon timeframe. Once a subscription or project-based service begins, Customers can submit requests for work, which will be fulfilled in the order received. Turnaround time for each request or milestone is typically a few days, depending on its complexity.

Refund Policy:

Due to the nature of our services, refunds are generally not provided after work has commenced. If a Customer is dissatisfied with the work produced, they are encouraged to contact Kem Design within 7 days of receiving the deliverable to discuss revisions. Kem Design will work to address any concerns and make necessary adjustments to ensure the Customer's satisfaction.

Cancellation Policy:

Customers may cancel their subscription at any time with written notice at least 14 days before the next billing cycle. Cancellation requests submitted without the 14-day notice period will result in the renewal of the billing cycle, with the cancellation taking effect at the end of the following billing month. For project-based services, cancellations are subject to the terms outlined in the project proposal.

4. Acceptance of Work

Kem Design provides a review period of 7 business days following the delivery of design or development work for the Customer to evaluate and provide feedback. If no feedback or revision requests are received within this period, the work will be considered accepted, and Kem Design will proceed with the next task. Customers may request further revisions, but these will not impact the ongoing project timeline or subscription billing cycle.

5. Intellectual Property Rights

Ownership of all works created specifically for the Customer during a given billing cycle is transferred to the Customer immediately upon commencement of that cycle’s service. This includes, but is not limited to, brand assets, website designs, and customized graphics. Kem Design retains all rights to its foundational and underlying content, such as software, design frameworks, and proprietary methods.

6. Ownership of Materials

Consistent with the Intellectual Property Rights section, while Kem Design retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work upon full payment for the respective service. This includes all design and original source files created specifically for the Customer’s project.

7. Fonts

If any project incorporates fonts not owned by Kem Design that require a commercial license for legal use, Kem Design will inform the Customer in writing. The Customer is responsible for purchasing the appropriate licenses for these third-party fonts and assumes all liability for any failure to do so.

8. Customer Representations

By using Kem Design's services, the Customer represents and warrants that they have the legal capacity to enter into this Agreement, will comply with these Terms, and will use the services for lawful purposes only. The Customer also agrees not to use the services in a manner that violates any applicable laws or regulations.

9. Prohibited Activities

Customers shall use Kem Design’s services solely for lawful purposes and in accordance with the intended use of these services. Prohibited activities include:

• Reselling or redistributing the services or content created by Kem Design for unauthorized commercial purposes.
• Using the services or content in any way that infringes upon the intellectual property rights of others.
• Engaging in any illegal, fraudulent, or unethical activities.

10. Feedback

Feedback related to Kem Design’s services must be communicated through designated channels such as Slack or email. Kem Design retains ownership of all Feedback and is not obligated to keep it confidential.

11. Oversight

Kem Design reserves the right to monitor the Services for violations of these Terms and to take appropriate legal action if necessary. This includes the right to restrict or deny access to the Services or terminate the Customer’s account for any substantial breach of these terms.

12. Modifications to Terms of Service

Kem Design reserves the right to modify these Terms at any time. Changes will be communicated to the Customer by updating the "Last Updated" date at the top of this page. Continued use of the services following any changes constitutes acceptance of the new Terms.

13. Service Interruptions

There may be instances where service interruptions occur due to factors beyond Kem Design’s control. While we strive to minimize such disruptions, Kem Design is not liable for any loss or inconvenience caused by these interruptions.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of California/USA, without regard to its conflict of law principles.

15. Limitations of Liability

Kem Design, its directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services, even if advised of the possibility of such damages.

16. Indemnification

The Customer agrees to indemnify and hold Kem Design harmless from any claims, damages, or liabilities arising from their use of the Services in a manner not authorized by this Agreement.

17. Customer Data

The Customer is responsible for providing all necessary data and materials required for Kem Design to perform its services. Kem Design is not liable for any loss or corruption of such data and advises Customers to maintain backups.

18. Electronic Delivery of Materials

The Customer consents to receive all communications from Kem Design electronically, satisfying any legal requirements for written communication.

19. Showcasing Work

Kem Design reserves the right to showcase completed design work on its website and other marketing channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA).

20. Termination

These Terms remain in effect until terminated by either party. The Customer may terminate their subscription by following the cancellation policy outlined above. Kem Design reserves the right to terminate this Agreement at any time with reasonable notice, or immediately in cases of breach.

This Terms of Service document is designed to protect both Kem Design and its clients while clearly outlining expectations and responsibilities. You can customize further based on specific requirements or additional services offered by Kem Design.

Contact Information

For questions or comments regarding these Terms, please contact:

Mark Kipling
hello@kemdesign.co

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