Terms & Conditions

Terms

“The Client” – This is the person signing this document, the Company they are representing and any persons with a vested interest in the “End Product”

“The Company” – This means Kissed Off Creations Ltd, its designers and its suppliers.

Frequently used terminology

“Minor Amends” – This is where there has been an error in transferring your original document, minor spelling or grammatical changes, exchanging an image due to quality or preference, or other changes that mean your document is amended by 1-10%.

“Major Revisions” – This is where amends have caused changes to the total document exceeding approximately 50%, or amends that take longer than can be reasonably considered a “Minor Amend”. Revisions are usually charged as an additional time based cost. (£25 per hour at the time of T&C revision)

General

All work carried out by Kissed Off Creations Ltd is subject to these Terms and Conditions.

In the event of a revision to these Terms and Conditions, the Client will be issued a revised copy within 30 days of the revision.

Our UK clients are advised, due to the current economic climate, they will be subject to a credit check for design work over £250. If there is an issue with this, it needs to be raised prior to the signing of this agreement. This is not applicable if you pre-pay using the package options on kissedoff.co.uk and it’s subdomains. In the event of a credit check coming back as unsatisfactory, full upfront payment including print charges will be required before work commences.

Print fees/online service fees will be required before Kissed Off Creations Ltd will transfer files to our suppliers. Where you are dealing directly with suppliers, The Company will supply you with final files for print in a suitable format for you to supply to your provider. Where we are not dealing directly with suppliers, it is company policy to not supply files or orders on your behalf to prevent confusion over payment and invoicing matters.

All work undertaken by Kissed Off Creations Ltd is subject to and covered by the UK Copyright Laws in addition to any Copyright Laws in the Client’s country. Copyright can only be released by the giving of a fee and with accompanying documentation declaring the exchange complete.

Kissed Off Creations Ltd retain the right to use all artwork created as part of their Portfolio and Marketing material.

All artwork where possible will be retained for immediate recall for 3 months after completion. Project archives will be retained for 3 years in paper format and final data will be stored for 12 months. Individual revisions and concept stages will not be stored.

As with all data storage, Kissed Off Creations Ltd has data redundancy and backup procedures maintained to the latest best practice. However, as with all technology, there may be occasions where this fails over time. We advise all clients to maintain a copy of the Print PDF or other output files where they have opted to work directly with our suppliers or online services such as CreateSpace or KDP. Kissed Off Creations Ltd cannot be held responsible for archive failure as the contract is completed upon upload to printers or other suppliers.

Package Specific Terms

Where an individual package has specific terms, these will be made clear at the time of purchase through our online media as well as in our correspondence.

Online purchasing of packages is subject to Consumer Contracts Regulations. As such you have 14 days in which you can cancel the purchase of your package and your refund will be processed by The Company within 14 days following your cancellation request. Depending on payment method used for the original purchase (and if your original payment has cleared or not), payment refund turnaround will vary by method. We will be able to advise you of the current status of your payment at cancellation.

Submission of your manuscript or concept briefing (except for bespoke quote requests) will be viewed by the Company as a request to start work before these 14 days end. Should you wish to cancel following your submission/briefing and while still in your 14 day period, refunds will be subject to work undertaken. After 14 days, design work will be considered non-refundable.

Turnaround times

We require written approval of our quote prior to work being commenced, as well as a signed copy of this agreement. The turnaround times quoted commence from receipt of the signed agreement, clearance of any requested deposit or pre-paid funds and any materials the Client has agreed to provide.

We aim to keep the client informed of any foreseeable delays to turnaround times, and notify of any unforeseen delays within 12 hours of the delay being identified.

In order to meet the turnaround times quoted, we rely on The Client’s prompt response to all correspondence, including the provision of all materials agreed herein.

Payment Terms

We require written approval of our quote prior to work being commenced, as well as a signed copy of this agreement.

Our UK clients are advised, due to the current economic climate, they will be subject to a credit check for work over £250. If there is an issue with this, it needs to be raised prior to the signing of this agreement. This is not applicable if you pre-pay using the package options on kissedoff.co.uk and it’s subdomains. In the event of a credit check coming back as unsatisfactory, full upfront payment will be required before work commences.

Our payment terms are full amount is payable upon completion of design work, and final files without protection or artwork for printers will only be released upon cleared funds being received. Print fees/online service fees will be required before Kissed Off Creations Ltd will transfer files to our suppliers. Where you are dealing directly with suppliers, The Company will supply you with final files for print in a suitable format for you to supply to your provider. Where we are not dealing directly with suppliers, it is company policy to not supply files or orders on your behalf to prevent confusion over payment and invoicing matters.

Payment can be made directly to the Company via BACS or IBAN. Other alternative methods of payment are available upon request, but there may be additional charges to use these services (which will be explained to you at the time of request). Other methods currently include: PayPal, Sum Up and iZettle and these can be accessed in person, online and via telephone (depending on platform). If you wish to use any of these payment methods, please call us to discuss best way to proceed. Currently, most package transactions through kissed.co.uk and it’s subdomains are handled by PayPal.

No credit will be extended beyond 28 days, and interest will be charged on overdue accounts beyond 30 days at UK base rate + 8%.

In some instances, an upfront deposit will be requested (up to 50% of the expected balance). These funds will need to be cleared before work can commence.

Completed items will remain property of Kissed Off Creations Ltd. until balance is paid in full. Digital artwork files (i.e. the Original artwork) will only be transferred from Kissed Off Creations Ltd after an additional charge has been paid, and with inclusion of a suitable Design Copyright notice recognising the Company’s work. Design copyright, unless agreed as part of the above quote, will remain with Kissed Off Creations Ltd indefinitely.

Our full payment terms are available upon request.

We do not store credit card details nor do we share financial details with any 3rd parties.

Client Responsibilities

  • To respond to all correspondence sent by the Company and their Suppliers within 5 business days (this includes weekends if weekend working has been requested by the Client)
  • To ensure all content given to Kissed Off Creations Ltd (eg text, images, fonts, etc) are either owned by the Client or used under the Client’s licence. Kissed Off Creations Ltd. and their suppliers reserve the right to request proof of this ownership at any time during the creative process.
  • To ensure all content given to Kissed Off Creations Ltd is complete and in its finished format and has been signed off by all relevant parties.
  • To check all work prior to print/final production as per our Proof Approval Form, this is to ensure client satisfaction with the end product. Once this form is signed no further changes will be made without specific client approval in writing.
  • Once artwork has been approved, any changes requested will come under the “Revision” term above unless it is down to designer error.
  • To abide by our payment terms.
  • To recognise our copyright, and to not abuse, disassemble or manipulate (other than in previously agreed form and as notified in writing by the Company) any digital files provided. Nor is it permitted to provide our design work to other companies (unless we have given our prior permission) to use in any form (either in its original form or as a derivative work).

Client Dispute

Kissed Off Creations Ltd has a Client Dispute Procedure which is available upon request.

Designer Responsibility

  • To listen to the Client’s requests, acknowledge these and where necessary suggest amendments or carry out requests.
  • To, where there is reasonable cause for doubt, check ownership of copyright of material given to Kissed Off Creations Ltd.
  • To treat our Clients, their Content and their End Product according to our Code of Ethics. This also includes withholding industry sensitive material, the Client’s data and content to the best of their ability.
  • As part of Kissed Off Creations Ltd.’s Green Policy, the designer has the responsibility of suggesting greener ways to produce your project, as well as implementing green technologies on behalf of the Company.

This Agreement

By purchasing our packages through kissedoff.co.uk and it’s sub-domains you are agreeing to the above Terms and Conditions. For bespoke projects, a copy of these terms will be attached to your personalised no-obligation quote. Please keep a copy for your records and return the original (signed) to us at the postal address provided on your quote or via email.