Select Page

Terms and Conditions

Being open is an important value for me and I’d like to take this with me in every project. These terms and conditions are not here to make things complicated, if you have any questions do not hesitate to contact me.

Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by Kim of +SUNDAY. These terms and conditions can be read at any time on the +SUNDAY website.

All work is carried out by Kim on the understanding that the client has agreed to these terms and conditions.

Copyright and intellectual property rights is retained by Kim on all design work unless specifically released in writing. This means that concepts and designs delivered by Kim are not allowed to be sold, modified, or shared with third parties. By completing the project, you gain the right to use the delivered product.

Start and fees

At the start of the project, Kim will provide the customer with a written estimate or quotation. By agreeing to start the project you agree with the stated price and these terms and conditions. An acknowledgement via email means acceptance of the quotation.

In consideration for Kim providing the services, you must pay all the fees, charges and costs set out in the quote. Any additional costs, materials or services, that may present itself during the project will be added to the final invoice when agreed upon via written notice. You will be notified about these additional fees before the start of these.

Before the start of the project a non-refundable payment is required. This is a payment of minimum fifty percent of the total project quotation, unless agreed upon otherwise. By paying this deposit you also acknowledge reading and accepting the terms and conditions and the quotation. The remaining amount of the total invoice is due upon completion of the work, prior to release of any final materials.

Working on the project

The client agrees to supply and allow Kim all necessary materials and accesses to documents, systems and other locations, that are needed for the completion of the project, and supply them in a timely manner.

Any indication given by Kim of a project’s duration is to be considered by the customer to be an estimation. Kim or +SUNDAY cannot be held responsible for any project over-runs, whatever the cause.

For every type of project a one time alteration, of reasonable changes, is included, unless agreed upon and written out before the project. Changes need to be delivered within five days. The client agrees that changes required over the estimated work or in addition of the agreed scope, or where the client makes changes to the supplied resources, will be liable to a separate charge of €120,- per hour, charged in 15 minute intervals. Kim will notify the client before starting on extra work, when the client says to continue with making these changes the client accepts the add-on charge.

The client also agrees that Kim holds no responsibility for any amendments made by any third party, before or after a design is published.

Kim will deliver files that are required for the project and agreed upon before the start of the project. At any time during or after the project no source files will be delivered. If the client requires these files for transfer to someone else, client will be subjected to a separate quotation or ‘buy-out’ charge.

Payment

The customer will be provided with a final invoice prior to the completion of the project. At this time the remainder of the amount due will become payable. When the remainder amount is received the products will be handed over.

Project payments are due within 30 days. Invoices that remain unpaid for 30 days after the date of the invoice, will incure late payment interest charge of 5% from the date due until the date of payment. Monthly installment are due within 7 days of the invoice date. Invoices that remain unpaid for 7 days after the date of the invoice, will incure late payment interest charge of 5% from the date due until the date of payment.

Payments may be made by online transfer, PayPal or Stripe.

Any publication and/or release of work done by Kim / +SUNDAY on behalf of the client, may not take place before official completion of the project.

Copyrights and Trademarks

By supplying text, images and other data to Kim for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. By supplying these materials to Kim, the client grants Pixiewave permission to use this material freely in the pursuit of the project.

Any artwork, images, or text supplied and/or designed by Kim on behalf of the customer, will remain the property of Kim and/or its suppliers unless otherwise agreed in writing. Use of the copyright material is granted to the customer after paying the full invoice. The use by the client is only an a one-time only basis for the agreed upon project and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Kim.

The client may request in writing from Kim the necessary permissions to use these materials in forms other than for which it was originally supplied. Permission must be obtained in writing before hand. Kim holds the right to these materials and may charge fees for the additional usage.

Any font file, software, code, plugin or other third party material used in a web or digital project remains the property of the creator. Kim does not hold any responsibility for use of third-party materials or any and all damages resulting from any claims. Any ongoing license fees or fees for upgrades are the responsibility of the client. The client agrees to fully compensate and hold Kim free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Kim reserves the right to use the services of other freelancers, sub-contractors, agents and suppliers.

Kim is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Kim responsible for any such loss or damage. Any claim against Kim shall be limited to the relevant fee(s) paid by the customer.

Cancellation

Cancellation of orders need to be made in writing via email. Following this, both parties, Kim and client, will need to formally confirm this by signing the cancellation contract. This contract will also include any costs or compensations that follow the cancellation, for example, but not limited to, work completed above the non-refundable down payment. The client will then be invoiced for these costs, this must be paid within 30 days.

Kim reserves the right to refuse and cancel any project without giving an official reason. This can be but is not limited to when anything during the project is deemed inappropriate, offensive, obscene or illegal. Kim is to be held in no way responsible for any such data being included in the project.

Design Credits

The client agrees to allow Kim to place a small credit on printed material exhibition displays, advertisements and/or a link to Kim’s own website on the digital projects. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Kim to place websites and other designs, along with a link to the client’s site on Kim’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Disclaimer

Kim makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Kim will not be held responsible for any and all damages resulting from products and/or services it supplies. Kim is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While Kim takes reasonable steps to prevent this. Any claim against Kim shall be limited to the relevant fee(s) paid by the customer.