TERMS & POLICIES

READ ALL AREAS CAREFULLY AS OUTLINED. BRFORE BOOKING ANY SERVICES

The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Provider for committing to provide the Services and turning down other potential projects/clients.

 

LATE FEES

If Contractor does not receive payment from Client within fourteen calendar days of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that Contractor does not receive payment.

  • For example, Client owes Contractor $1000 due on April 1 and fails to pay by April 14th. On April 15th, Client owes Contractor $1015. On April 16th, Client owes Contractor $1030.23. On April 17th, Client owes Contractor $1045.68, and so on.

 

ACCOUNT ACCESS

Client shall provide Contractor with access to the following accounts no later than via: Social media, website and others required for branding and implementation. 

 

CONFIDENTIALITY

Parties will treat and hold all information of or relating to this Agreement, the Services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.

Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.

This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.

 

RELATIONSHIPS OF THE PARTIES

Contractor and any related sub-contractors are not employees, partners or members of Client’s company or organization. Contractor has the sole right to control and direct the means, manner and method by which the services in this Agreement are performed. Contractor has the right to hire assistants, subcontractors or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Contractor.

 

INTELLECTUAL PROPERTY

Contractor retains the ownership of its copyright in any and all designs pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code.) Any and all work produced in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Contractor. Contractor grants to Client a nontransferable, non-exclusive, royalty-free license of designs produced with and for Client for the specific purpose of  branding and marketingAny unauthorized use of the design, such as using the design for other purposes than those specified herein, will result in additional fees and/or royalty payments to Contractor. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.

Any and all work created as a result of Contractor’s Services is considered a work for hire and are expressly assigned to and owned by Client upon creation. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.

 

STYLE RELEASE

Client has spent a satisfactory amount of time reviewing Contractor’s work and has a reasonable expectation that Contractor’s Services will produce a reasonably similar outcome and result for Client. Contractor will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Contractor’s current portfolio and services, and Contractor will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

  • Every client and final delivery is different, with different tastes, budgets, and needs;

  • The services provided are subjective and Contractor is a provider with a unique vision, with an ever-evolving style and technique;

  • Contractor will use her personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;

  • Dissatisfaction with Contractor’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.

 

LIMIT OF LIABILITY

Client agrees that the maximum amount of damages she is entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed Contractor’s total cost as set forth in this Agreement.

 

 

The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.

 

REFUND POLICY

All projects are subject to a complete 100% non-refundable payment from client. Please understand that under no circumstance can a refund be given especially after work (including proofs) has been issued and/or labor has begun.

 

No refunds are given for any promotional sale prices. If for any reason client cancels services, no payment shall be reimbursed and becomes forfeited by the client. Once promotional items have been shipped and delivered, no refund shall be reimbursed unless items are defective.

 

I am always excited to work with you all and I never like to feel as though the relationship is negative between a client and I but if at any time, I feel client is being negligent, hostile, disrespectful, etc. I reserve to right to withdraw from the project! If project has already been started, the payment becomes forfeited and no refunds will be given. If the project has not yet been started, all monies will be refunded and the project will come to a close.

 

DEPOISTS & PAYMENTS

 

Payments are submitted through our booking portal or links provided ONLY! This is to ensure that your order is in queue, noted and done on time. All purchases under $1100, must be paid in full. Any purchases over $1100 require a non-refundable 50% deposit which is to be paid before your order is started. After your order is complete, you will need to submit the other half of the total to receive final items.

 

TURN AROUND TIME

All artwork takes 10 -21 business days. This includes Logos, Flyers, Business Cards, Etc. Business days does NOT include weekends which makes the turnaround time about 3-4 weeks. If you need your logo in a rush, that is perfectly fine, rush fees are available. Rush fees on these items are 3-4 business days.

 

Packages have a turnaround time of 10 - 21 business days IF AND ONLY IF all information is submitted and there is no additional information needed. Please note that multiple revisions can cause delays that are longer than the normal turnaround time.

 

Websites / Website Revamps takes 10 - 21 business days IF AND ONLY IF all information is submitted. Business days does NOT include weekends which makes the turnaround time 3-5 weeks. This is ONLY if the customer has provided the correct material and ALL of the material for their website. It is better for the customer to submit information in a word document or ONE big email. Please be advised if you submit multiple emails with different information, you will be asked to submit a word document or one email. If you need your website in a rush, thats perfectly fine, rush fees are available. Rushed orders for sites are 7 - 10 business days.

 

Turnaround times can be extended if there is a high volume of orders, illness, natural disasters, etc. Customers will be notified at that time if there is a delay.

 

 

 

 

CANCELLATIONS AND RESCHEDULING

 

CLIENT DESIRES TO CANCEL OR RESCHEDULE

If the Client desires to cancel Services of Contractor for any reason at any time, then Client shall provide at least 30 days Notice to Contractor in order to cancel this contract. Client may reschedule Services with at least 24 hours Notice. Providing Notice will not relieve Client of any currently outstanding payment obligations. Contractor will not be obligated to refund any portion of monies Client has previously paid to Contractor.  If Contractor is able to re-book further services on or before Client’s final delivery date, Client may be issued a credit for future services with Contractor at Contractor’s discretion. Contractor has no obligation to attempt to re-book further Services to make up for Client’s cancellation or rescheduling.

 

CONTRACTOR DESIRES TO CANCEL OR RESCHEDULE

In the event Contractor cannot or will not perform her obligations in any or all parts of this Agreement, it (or a responsible party) will immediately give Notice to Client, and at the Contractor’s discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of the Contractor, no reasonable substitute is found, Contractor shall excuse Client of further performance obligations in this Agreement.

 

 

NO-SHOWS

If it becomes impossible for Contractor to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks in a timely manner, it is within the Contractor’s sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to Contractor.

 

GHOSTING CLAUSE

Client must provide all information requested for a project in a timely manner. If there is a delay on your behalf, the completion date of your project changes. Clients must keep communication going and if more time is needed to gather information, that is to be discussed along with check-ins. We are aware that life happens, and unforeseen circumstances may occur, we just ask that you kindly notify us! After 45 days of no communication, there will be a $150 restart fee. After 90 days (3 months), your project is forfeited, and no refund shall be issued. Your entire project will come to a close!

 

As 9X CREATIVE STUDIO values your time, we ask that you value ours. Ghosting then revisiting your project several months later without prior notification severely messes up our schedule. It is not fair to those customers who came prepared, ready with their information. Please note we will adhere and ENFORCE this policy!