Terms and Conditions
The following terms and conditions apply to “I” Kyle C. Lantzy and “you” the client. The terms and conditions apply to all projects submitted to Kyle C. Lantzy after July 1, 2013. By paying the amount shown on your first invoice for this project, you are agreeing to be bound by these terms and conditions.
You are hiring Kyle C. Lantzy to provide desktop publishing and/or graphic design services. I will always do my best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract you won't find complicated legal terms or large passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what's best for the safety of both parties, now and in the future.
What do both parties agree to do?
As my customer, you have the power and ability to enter into this contract on behalf
of your company or organization. You agree to provide everything that I need to complete
the project including text, images and other information as and when I need it, and
in the format that I ask for. You agree to review my work, provide feedback and sign-
I will create designs for the look-
I am not responsible for writing or inputting any text copy. I can provide you with writing services through a third party for an additional fee. Otherwise, you are required to provide any text content that is to be included in your project.
You will supply me with photographs in the digital format that I ask for. If you choose to buy stock photographs, I can suggest vendors of stock photography from which you can license images for your project. I will charge a fee for any stock photo(s) that you ask me to supply for your project, plus any cost of acquiring the image(s).
Please understand that due to the nature of the printing industry, and the conversion from digital product to a physical product, there will be unavoidable changes in the appearance of your product when it is printed. These changes usually result in colours that appear different in print than they do on a computer monitor. These changes are often unnoticeable without close inspection. While I will do everything in my power to make sure that your product prints beautifully, I can not be held responsible for errors that result from the printing process.
This paragraph applies if you are including my printing services for your project. Once you have paid the final invoice in full, I will consider that to be your final approval of the project and I will not be held responsible for errors that arise after that point. I will submit your project to a printer of my choice, unless you have stated a specific printer prior to the final payment. I will submit the project for printing using the quantity or product, paper type, fold type, and other options that may have been agreed upon prior to the final payment. If a project arrives in unsatisfactory condition or quality, please let me know and I will contact the printer to discuss what options are available to fix the situation. I cannot provide refunds for printing services.
Changes and revisions
If you do want to change your mind, add extra pages or design elements, that won't be a problem. You will be charged the current fees that are set out on kcldesign.ca unless I email you with a different price. Along the way I might ask you to put requests in writing so that I can keep track of changes.
I provide technical support at my own discretion. I do not guarantee that I will provide technical support, but I may choose to provide it depending on the type of support that you require.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide for inclusion in the project are either owned by you, or that you have permission to use them.
If I supply or purchase any fonts or stock photo(s) for your project, those items will be licensed to me, which means that you will not be provided with those items in a standalone format separate from your project, and that you are not given license to use those items for any purpose other than the project that I have prepared for you.
When I receive your final payment, you are free to print, distribute, post, and share your project files as much as you like. You are given exclusive license to use the files provided for any purpose as long as the files are left intact. You are not given permission to dismantle the project to use individual elements in other designs or projects. If you wish to use a certain design element in another project, I can license that particular element to you for a small fee. I will give you a copy of your finalized project files and you should store them really safely as I am not required to keep them. I retain the copyright on the design and layout, and will not provide any native source files that I used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them.
I like to show off my work and share what I have created with other people. I reserve the right to display and link to your completed project as part of my portfolio and to write about the project on web sites.
Payments are done in two phases unless I state, in writing, a different payment plan.
The first invoice covers only the base price of the project and does not include
additional pages or add-
I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. The first invoice must be paid in full before I will complete any work. Invoices will be sent to you via email, and you will pay each invoice in full within 20 days of the date it was initially sent. I reserve the right to ignore, abandon and discard any project that has any invoice that has not been paid in full within the timeframe that I have stated.
Refunds are provided for design services only if I decide that the situation merits it. Refunds are never provided for the cost of printing or writing services.
I can't guarantee that any design project will always be error-
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Just like a parking ticket, you cannot transfer this contract to anyone else without my written consent. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Canadian courts.
You should keep a copy of this document for your own records.