These Terms of Business apply to all contracts between Kiski Studio Ltd: Kiski Studio and every customer: The Client for design services
1.0 Contract
1.1 - Quotes given expire 30 days after the issue date on the contract.
1.2 - If in any case the client wishes to terminate the contract before its completion the client must pay a “Kill Fee” of: £150 to cover wasted time, plus a fee to cover the work carried out up to that point.
1.3 - The project must be completed within 3 months of the signature date on the contract, it cannot be postponed or delayed unless otherwise agreed.
1.4 - If the project runs over 3 months due to the clients fault, the contract will be re-assessed and the client will be quoted appropriately. Figure 1.2 still apply. Any payment made before the re-assessment will be deducted from the final value.
1.5 - Print quotes are independent of design quotes, a design contract does not bind you to print. If you choose to print through Kiski Studio the payment for printing must be received in full before the printing commences.
1.6 - If any significant changes need to be made to the contract after signing Kiski Studio is entitled to make any changes deemed fit to the quoted price. If an agreement cannot be arranged figure 1.2 still applies.
2.0 Payment
2.1 - The client must pay within 30 days of being invoiced.
2.2 - Overdue invoices will accrue a pro rated interest surcharge of 8% over Bank of England Base Rate per annum if they remain unpaid 30 days after issue.
2.3 - The client is not permitted to make any deductions from the final amount for any reason, any deductions will be at the discretion of Kiski Studio.
2.4 - Domain names and web space must have been purchased either by the client or Kiski Studio before any web based work is carried out. Where this is purchased by Kiski Studio this must be paid for prior to work commencing.
2.5 - In the case of print based work, if you wish to carry out the printing through Kiski Studio, payment must be taken in full before the printing commences.
4.0 Deadlines and Delays
4.1 - Kiski Studio cannot be held responsible for delayed delivery on any work that is due to client fault, for instance: Delay in signing off proofs, delay in providing any content that has been specified as a requirement or any change in the content that has already been provided. Kiski Studio also cannot be held responsible for any delays that are not solely the fault of Kiski Studio, this includes printing delays.
4.2 - After signing a contract if the client needs to shorten or specify a deadline it is not guaranteed that Kiski Studio will be able to meet the requirements.
4.3 - If the client wishes to shorten or specify a deadline Kiski Studio is entitled to make any amendments deemed necessary to the quote provided.
4.4 - In the unlikely case that Kiski Studio fails to meet the agreed deadline the client has the option to cancel the contract, paying only for work completed up to that point in time with no extra fee. If the client still wishes to use the work, the contract must stand and the client must pay the full amount quoted on completion of the work.
4.5 - Deadlines agreed between Kiski Studio and the client are NOT inclusive of time taken for printing, the deadline agreed in this contract is for design only. The client must bear this in mind when setting the deadline.
3.0 Copyright
3.1 - The client is liable for any copyright breaches on any content provided by the client to Kiski Studio.
3.2 - All content that is creation of Kiski Studio is property of Kiski Studio, subsequently Kiski Studio retains the right to publish such design as his own.
3.3 - Any design work that is subsequently used after termination of the contract is a breach of copyright, for which the client will be held liable.
3.4 - The client is not permitted to resell or make profit from selling design work created by Kiski Studio. (If you wish to resell work, please ask for a “Resellers Contract” please note, this will effect the quote.)
3.5 - Kiski Studio retains no rights to any concepts or content provided by the client, subsequently Kiski Studio does not retain the right to re-create, resell or distribute any business concepts, text content or images provided by the client.
6.0 Delivery
6.1 - Kiski Studio cannot be held responsible for any loss or damage during transit of client property (5.3) or print deliverables, if payment has passed or not. It is up to the client to insure accordingly.
6.2 - Web site delivery will take the form of the website going live. This will be executed upon receipt of payment in full.
5.0 Liability
5.1 - Kiski Studio shall not be held liable for failing to perform to the contract for any reason that is not solely the fault of Kiski Studio.
5.2 - Kiski Studio shall not be held liable in any case for any damages, loss of anticipated profits, loss of revenue, contracts or any other inconsequential damages that arise from any cause associated with Kiski Studio or the property of Kiski Studio, this includes design work.
5.3 -All property supplied to Kiski Studio by the client or on behalf of the client shall remain at the clients risk, unless otherwise agreed in writing, this includes; print delivery, data and equipment. The client should insure accordingly.
5.4 - Kiski Studio shall not be held liable for any leak of information or confidential material provided by the client, this includes, a leak or malpractice of any kind by a third party that Kiski Studio has outsourced work to, domain loss due to hacking or as a result of hacking by a third party, password leaking due to theft or any circumstance that is not solely the fault of Kiski Studio.