Terms and Conditions

Welcome to Kimberly Creations! By engaging our services and submitting an order form, you agree to be bound by the following Terms and Conditions. Please read them carefully. These Terms & Conditions (the "Agreement") govern your use of the services provided by Kimberly Creations (referred to as "we," "us," or "our").

1. Definitions

• Client/You: The individual, company, or organization engaging Kimberly Creations for services.

• Services: The design services provided by Kimberly Creations, including but not limited to logo design, branding packages, social media graphics, website graphics, print design, invitations, and custom digital creations as detailed in your project proposal/invoice.

• Project: The specific work to be undertaken by Kimberly Creations for the Client as outlined in the accepted proposal or order form.

• Deliverables: The final digital files or tangible products produced by Kimberly Creations as part of the Project.

• Content: All materials, information, text, images, photos, artwork, fonts, and data provided by the Client to Kimberly Creations for use in the Project.

• Proposal/Quote: A written document outlining the scope of work, timeline, and estimated cost for a Project.

• Order Form: The online form submitted by the Client to initiate a Project inquiry.

2. Acceptance of Terms

• By submitting an order form, verbally or in writing agreeing to a proposal, or making any payment for services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

• This Agreement constitutes the entire agreement between the Client and Kimberly Creations.

3. Project Commencement & Payment

• Order Form Submission: The submission of an order form serves as an inquiry and does not constitute a binding agreement to commence work.

• Proposal & Quote: Upon review of your order form, Kimberly Creations will provide a detailed Proposal/Quote outlining the scope of work, pricing, estimated timeline, and any specific terms.

• Agreement to Services: Work will commence only upon:

  • Written (email) acceptance of the Proposal/Quote by the Client.

  • Receipt of the agreed-upon non-refundable deposit, typically 50% of the total project fee, unless otherwise specified in the Proposal/Quote. For smaller projects, full payment may be required upfront.

• Final Payment: The remaining balance of the Project fee is due upon completion of the Project and before the release of final Deliverables.

• Payment Methods: We accept payments via cash, credit card, debit, PayPal and E-transfer. Details will be provided on your invoice.

• Late Payments: Invoices not paid within 7 days of the due date may be subject to a late fee of 2% per month or $25. No final Deliverables will be released until full payment is received.

4. Scope of Work & Revisions

• Project Scope: The scope of work is defined in the Proposal/Quote. Any services or Deliverables not expressly included in the Proposal/Quote will be considered out of scope and may incur additional charges.

• Revisions: Each project includes a specified number of revision rounds (e.g., 2-3 rounds) as outlined in your Proposal/Quote. A revision round consists of a list of changes requested by the Client.

• Significant Changes: Any significant changes to the project scope, brief, or Deliverables requested by the Client after work has commenced may require a new Proposal/Quote and may affect the Project timeline and cost.

5. Client Responsibilities

• Provision of Content: The Client agrees to provide all necessary Content (text, images, logos, fonts, branding guidelines, specific instructions, etc.) in a timely manner as requested by Kimberly Creations. Delays in providing Content may extend the Project timeline.

• Accuracy of Information: The Client is responsible for ensuring the accuracy and legality of all Content provided.

• Feedback & Approvals: The Client agrees to provide timely feedback and approvals at various stages of the Project. Delays in feedback may affect the Project timeline.

• Proofreading: The Client is responsible for thoroughly proofreading all drafts, proofs, and final Deliverables. Kimberly Creations is not responsible for errors (e.g., typos, grammatical errors) found after Client approval and final Deliverable release.

• Copyright for Content: The Client represents and warrants that they own or have obtained all necessary rights, licenses, and permissions for all Content provided to Kimberly Creations for use in the Project. The Client agrees to indemnify and hold harmless Kimberly Creations from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from any third-party claim that the Content infringes their intellectual property rights.

6. Timelines

• Project timelines provided are estimates. While we strive to meet all deadlines, they are subject to change based on factors such as Client feedback delays, unforeseen circumstances, or scope changes.

• Kimberly Creations will communicate any anticipated delays promptly.

7. Intellectual Property & Copyright

• Client Content: The Client retains all intellectual property rights to the Content they provide.

• Kimberly Creations' Ownership (Drafts): All concepts, drafts, preliminary designs, and unused design elements created by Kimberly Creations remain the intellectual property of Kimberly Creations until final payment is received and the Deliverables are released.

• Client Ownership (Final Deliverables): Upon full and final payment for the Project, Kimberly Creations grants the Client a non-exclusive, perpetual, worldwide license to use the final Deliverables for their intended business purposes. For custom logo designs, full copyright ownership is transferred to the Client upon final payment.

• Attribution/Portfolio Use: Kimberly Creations reserves the right to display the completed Project in its portfolio, website, and social media for promotional purposes, unless otherwise agreed upon in writing. We may include a discreet credit for design work where appropriate.

• Third-Party Assets: If any third-party fonts, stock images, or other assets requiring separate licensing are used, the cost and responsibility for obtaining such licenses will be communicated to and borne by the Client.

8. Termination of Project

• By Client: The Client may terminate the Project at any time by providing written notice. In such a case, the initial deposit is non-refundable. The Client will be invoiced for any work completed beyond the deposit amount, calculated at Kimberly Creations' standard hourly rate, up to the point of termination. No Deliverables will be released until all outstanding invoices are paid.

• By Kimberly Creations: Kimberly Creations reserves the right to terminate a Project if the Client fails to provide necessary information, content, or feedback in a timely manner, fails to make payments as agreed, or breaches any of these Terms and Conditions. In such an event, the initial deposit is non-refundable, and the Client will be invoiced for work completed up to the point of termination.

9. Limitation of Liability

• Kimberly Creations shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

• In no event shall the total liability of Kimberly Creations for any and all claims arising out of or in connection with these Terms or the services exceed the total amount paid by the Client to Kimberly Creations for the specific Project in question.

10. Indemnification

• The Client agrees to indemnify, defend, and hold harmless Kimberly Creations and its employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with (i) your access to or use of the services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your Content caused damage to a third party.

11. Confidentiality

• Both parties agree to keep confidential any proprietary or sensitive information disclosed by the other party during the course of the Project. This does not apply to information that is publicly known, independently developed, or rightfully received from a third party.

12. Governing Law & Jurisdiction

• These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein.

• Any disputes arising from or relating to these Terms or the services shall be subject to the exclusive jurisdiction of the courts located in Durham Region, Ontario.

13. Amendments

• Kimberly Creations reserves the right to amend these Terms and Conditions at any time. Any changes will be posted on this page with an updated "Last Updated" date. Your continued use of our services after any such changes constitutes your acceptance of the new Terms and Conditions.

14. Contact Information

• If you have any questions about these Terms and Conditions, please contact us at:

  • Email: info@kimberlycreations.ca

  • Website: https://www.kimberlycreations.ca