Terms of Service
Brand and Print Design Concepts: Within 7 business days of receiving your company information and deposit, Kat Wong will create up to three different design concepts for your business depending on the project. All designs will be submitted for your review via e-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, Kat Wong will make any needed changes to the design of your choice until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at Kat Wong’s current hourly rate ($150/hour).
Client Provisions: Client will provide all text to be used in design(s), unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.
Completion Date: Kat Wong agrees to complete design projects within a timeframe agreed upon with the client as outlined in the Agreement. Should any delays arise from the client, Kat Wong is not held responsible for delivering the design in the timeframe as discussed in the Agreement; IE: delay in delivery of copy, decision making, or any such holdup by the client.
File Delivery: After the final design is approved, the design will be delivered to you as a digital files (depending on the project, graphic file formats may be .jpg, .png, .pds, .pdf, .eps, .ai, and/or .indd).
Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business as outlined in the agreed upon Agreement. Kat Wong retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Kat Wong permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
Delays: Illness, injury, or other events beyond Kat Wong’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Payment: In return for any design work, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to Kat Wong until paid in full. In the event of termination of this Agreement, Kat Wong owns the design and has the right to complete, exhibit, and/or sell the design (including business name unless copyrighted or trademarked by the client). Furthermore, Kat Wong owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion unless outlined in the Agreement and that Kat Wong reserves the right to display the design for business promotional use.
Originality: Kat Wong affirms that all designs are original and therefore owns the rights granted under this Agreement, and that the rights granted do not conflict any other Agreement.
Stock Photography: Any photos acquired by Kat Wong for inclusion in the client’s work shall be the financial responsibility of the client. No images will be purchased for use until approved by the client. Any photos acquired by Kat Wong for inclusion in the client’s design will be property of Kat Wong and may be used in multiple, separate projects afterwards. Should the client require full ownership of the provided photography, these terms must be disclosed in writing in the Agreement agreed upon prior to any work being done.
Termination: The client has the right to terminate this Agreement if, Kat Wong fails to complete the design within 60 days of deposit submission. If Agreement is terminated for any reason other than failure to deliver within 60 days, Kat Wong shall retain the deposit.
Performance Liability: Kat Wong does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the design is with client. In no event will Kat Wong be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the design, even if Kat Wong has been advised of the possibility of such damages.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above Agreement. Should you have any questions or concerns regarding these terms, please contact Kat Wong before advising us of acceptance.
Web Design
Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes Kat Wong to publicize their completed website to web search engines, as well as other web directories and indexes, if this is included in the scope of the project.
Proposal: For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in the Agreement will be honored for three months after both parties agree to the Agreement. Continued services after that time will require a new Agreement.
Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.
Stock Photography: Any photos acquired by Kat Wong for inclusion in the client’s website shall be the financial responsibility of the client. No images will be purchased for use until approved by the client. Any photos acquired by Kat Wong for inclusion in the client’s website will become property of Kat Wong and may be used in multiple, separate projects afterwards. Should the client require full ownership of the provided photography, these terms must be disclosed in writing in the Agreement agreed upon prior to any work being done.
Web Browsers: Kat Wong will verify the design and functionality of all websites on the following internet browsers: current versions of Firefox, Google Chrome and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at Kat Wong’s current hourly rate ($150/hour).
Completion Date: Kat Wong agrees to complete website projects within a timeframe agreed upon with the client as outlined in the Agreement. Should any delays arise from the client, Kat Wong is not held responsible for delivering the website in the timeframe as discussed in the Agreement; IE: delay in delivery of copy, decision making, or any such holdup by the client.
Delays: Illness, injury, or other events beyond Kat Wong’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Payment: In return for any website design work, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when the final website design is approved but before it is delivered. The client understands that the final website design belongs to Kat Wong until paid in full. In the event of termination of this Agreement, Kat Wong owns the website design and has the right to complete, exhibit, and/or sell the website design (including business name unless copyrighted or trademarked by the client). Furthermore, Kat Wong owns all the website design concepts created before the final website design. The client understands that once the final invoice is paid in full, the client has the right to use the website design in all media useful for business promotion unless outlined in the Agreement and that Kat Wong reserves the right to display the website design for business promotional use.
Delinquency: Kat Wong reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.
Performance Liability: Kat Wong does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client. In no event will Kat Wong be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Kat Wong has been advised of the possibility of such damages.
Copyrights and Trademarks: The client represents to Kat Wong and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Kat Wong for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Kat Wong from any claim or suit arising from the use of such elements furnished by the client.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above Agreement. Should you have any questions or concerns regarding these terms, please contact Kat Wong before advising us of acceptance.
By submitting a deposit payment, you consent to the terms of this design Agreement on behalf of yourself, and/or your organization or business.
