These Terms and Conditions ("Agreement") are a legal agreement between you ("Client") and Kolorwirk, LLC, a Massachusetts Limited Liability Company ("Designer") and govern your use of our website and services that we provide. The terms "us" or "we" or "our refer to Kolorwirk LLC. If you are entering into this agreement on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter in this agreement on behalf of such company or other organization.
Before you confirm your agreement to these terms, please make sure you understand all of Terms and Conditions. Should you have any questions or concerns regarding these terms, please contact us at .
The Client is hiring Kolorwirk to do one or more of the following: Design Review, Site Survey, "Layout", "Shape", and/or "Detail". The terms "Product", 'Work product" and "Deliverables" refer to service(s) provided by Kolorwirk.
The Client will pay the Designer the required deposit/fee before work begins unless notified in writing otherwise. Projects under $2000.00 require full payment before work begins. Projects under $10,000.00 require a 50% deposit before work begins with the balance due upon
completion of work prior to delivery. Projects over $10,000.00 require a 30% deposit before work begins. For project over $10,000, after the initial deposit, the Client pays another 30% to receive the draft deliverable. All remaining payments must be paid before the final product is delivered. The Client understands that the work product solely belongs to Kolorwirk until it is paid in full.
If a refund is requested before the client receives a drawing draft, they will be refunded a prorated amount of the hours put towards the job. After a drawing draft has been sent to the client, no refund is available on drawings.
Any payment made towards the project constitutes as Client's consent to this agreement.
Schedule and Delivery
The Designer will begin work within 5 business days of receiving the required deposit made by the Client and will continue until the work is completed. There is a standard minimum of 3 weeks production time ( from the date the deposit is received by Kolorwirk) for the Client to receive the final deliverable. Final deliverables may be delivered before or later than 3 weeks depending on the project scope of work, Client will be notified. The final deliverable is sent to the Client as a digital file.
If the Client would like faster service, they will pay an additional fee of $1.00 per square foot (and/or extra an $50 per "Detail" item) for expedited delivery. The Client promises to review any draft work product sent by the Designer, and to be reasonably available to the Designer if the Designer has questions regarding this project, and to provide timely feedback and decisions.
Once the final deliverable has been issued, the Designer is not required to provide additional work unless a new service has been agreed upon.
As part of this job, the Designer is creating a “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Designer works on—that is, conceives, creates, designs, develops, invents, works on—as part of this project within the window of production before final deliverable. The Client understands that once the service is paid in full, they have ownership of the work product for use as they see fit. The client understands that it is the client’s responsibility to copyright the design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm). Furthermore, the Client understands that Kolorwirk reserves the right to display the work product for business promotional use and does not need Client approval to do so. Kolorwirk retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The Client also gives Kolorwirk permission to use Client’s first name or Company name/logo, for testimonial purposes on the website or other business-related media.
If the Client provides the Designer with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.
Use of Website
Our website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Kolorwirk has no control over the legal documents and privacy practices of third party websites; as such, you access any such third-party websites at your own risk.
This Agreement is ongoing until the work is completed. Either party may end this Agreement for any reason by sending an email or letter to the other party, informing the recipient that the sender is sending the Agreement. The Agreement officially ends once notice has been received. For the notice to be valid, it must be in writing and delivered in one of the following ways: email, or certified or registered mail (postage prepaid, return receipt requested). The Designer must immediately stop working as soon as it receives this notice unless the notice says otherwise. The Client understands the cancellation policy. The Client will pay the Designer for the work done up until when the Agreement ends and will reimburse the Designer for any agreed-upon, non-cancellable expenses. In the event of termination of this Agreement, Kolorwirk owns the work product.