This defines the terms and conditions of Creative Kindle, LLC ("WE", "OUR", "US") working relationship with the client ("YOU", "YOUR", "CLIENT"). All projects or services that Creative Kindle, LLC may be contracted to produce or provide for the client will be subject to these terms and conditions.

All fees, services, documents, recommendations, and reports are confidential.

We will begin work upon the client’s approval of the project task. The client’s approval (electronic, written or oral) will constitute an agreement between the client and Creative Kindle, LLC.

Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits Creative Kindle, LLC or the client to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by Creative Kindle, LLC. For each project, the client will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases including costs and/or estimated time.

Estimates, Invoicing, Billing & Payments

The client agrees to pay Creative Kindle, LLC in accordance with the terms specified in each proposal/estimate. Once estimate/proposal is approved work can begin. Creative Kindle, LLC reserves the right to correct mistakes in supplied proposals/estimates even if the proposal/estimate has been accepted by the client.

Billing will reflect the actual costs incurred; valid for only 30 days from date on estimate. The client requested changes will be billed additionally. The client will be notified of any price changes.

The billing minimum is $125.00 USD.

Estimates are based on a reasonable time schedule, and may be revised to take into consideration any "priority scheduling" requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, services may be charged at a 100% to 200% markup on overtime after 5:30pm and weekends.

Changes to work requested by the client and performed by Creative Kindle, LLC after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.

Projects over $1300 will be made in two separate equal payments: first payment (50%) will be due prior to project completion/release; second payment (remaining 50%) will be due upon project completion/release as described in the terms of the invoice.

Delinquent bills will be assessed a $35.00 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. If collection proves necessary, the client agrees to pay all fees incurred by that process.

Print work is subject to New Jersey sales tax unless 1) You are a nonprofit organization; or 2) the work is for resale and you have submitted a resale certificate to Creative Kindle, LLC.

Projects that require printing are assumed to be printed by Creative Kindle, LLC vendors unless otherwise noted and are reflected with a built-in discount. If you select your own vendors for printing, other than those recommended by Creative Kindle, LLC, you must request that we coordinate to have the work delivered before any work is started. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery. A release fee for artwork not printed by Creative Kindle, LLC vendors may be applicable.

Clients’ alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.

Clients who require a set amount of hours of service on a monthly basis may qualify for a discount. A custom estimate/outline/proposal will be generated detailing the scope of work. A minimum of 3 hours per month over a 3 month period is required to qualify for a discount. General correspondence discussing work/service/projects via emails, instant messaging, conference calls, meetings and other communication mediums will be billed against the monthly set of hours in quarterly increments as followed:

Minutes 01-15 16-30 31-45 46-60

Hourly Billed Time 0.25 0.50 0.75 1.00

All materials or property belonging to the client, as well as work performed, may be retained as security until all just claims against the client are satisfied.

Once a project has been delivered by us and is fully paid for by the client, we will assign the reproduction rights of the design for the use(s) described in the proposal.

We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media unless otherwise requested by the client prior to work completion. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. There upon, we reserve the right to discard them.

"Target Date for Completion", "Target Completion Date" and/or other general terms/phrases describing a project completion date is based upon client approval date. Actual "Target Date for Completion" may change do to a change in the approval date, change orders, delays by client providing necessary content, dependencies on 3rd party companies, and other unforeseen complexities. "Business Days" are defined as non-holiday, non-weekend days limited to Monday through Friday. All pricing is based on an hourly rate. Differences in hourly rate may occur as rates change to meet market demand and are pre-negotiated.

Due Diligence

The client agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademarks, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.

The client represents to Creative Kindle, LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Creative Kindle, LLC for inclusion in its 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 Creative Kindle, LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

It is the client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. We are not liable for errors or omissions. Your approval (electronic, written or oral) or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.

The client will accept overruns that do not exceed 10% of the quantity ordered on all jobs. We will bill for actual quantity delivered within this tolerance. If the client requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

We will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, we are not responsible for failure on their part.

The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of New Jersey applicable to agreements entered into and performed in the State of New Jersey. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.

If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.

The client agrees that the client is solely responsible for complying with laws, taxes, and tariffs and will hold harmless, protect, and defend Creative Kindle, LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

In no event will we 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 any work, even if Creative Kindle, LLC has been advised of the possibility of such damages. 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.

###

These terms & conditions were last updated/changed on October 11, 2018.