Terms and Conditions
Last Updated: November 5th, 2020
This is the boring stuff, but it's crucial to how we run. Therefor we encourage everyone to read this before they work with us. Please feel free to ask questions!
Definitions
"The Company" meaning Keegan Pearson and alias kp creative. "The Client(s)" meaning any individual, entity, organization or company with whom the Company enters into a contract for sale of goods or services by the Company. "Creative Material" meaning photographic still images, moving images, audio, designs, elements and writing.
Acceptance of Terms and Conditions
It is the responsibility of the Client to assume that a Terms and Conditions exists, as it is the clients responsibility to read and understand it in full prior to using the services of the Company. All contracts and transactions, whether made in writing or orally, are subject to these Terms and Conditions.
Copyright and Ownership
In conformance with Canadian Copyright Law Bill C11, rights to Creative Material created for the Client are retained by the Company. Creative Material created by the Company for the Client is licensed, not sold. Creative Material made by the Company for the Client may be used in business operations, but it may not be duplicated, reprinted, copied, or sold without prior written consent from the Company.
If a Client wishes to own copyright of Creative Material made by the Company, the Client will be subject to an additional fee. Copyright will only be transferred to the Client by the Company after full payment has been received.
If a Client supplies material or Creative Material to the Company, the Company conducts all work under the assumption that the Client has been granted written permission from the legal copyright holder of the material or Creative Material supplied. The Client agrees to fully indemnify the Company in respect of any claims, or damages, or any costs arising from copyright violation made by the Client or third party.
The Company reserves the right to reproduce images, graphics, logos and design elements, or writing created while on assignment for promotional, marketing, competitive and editorial purposes.
Estimates and Quotes
Prices quoted by the Company to the Client apply to the original scope, description and specifications provided by the Client to the Company. Should the aforementioned scope, description or specifications change, the Company reserves the right to make additional charges for fees and expenses accrued during or after the assignment. If possible, the Company will provide indication of what these additional charges will be.
Common Additional Fees
Travel:
A travel fee will be applied for trips over two hours in length by road, all air travel and most travel by boat. The travel fee will be charged at either a Half or Full Day rate, depending on length. The Company may choose to waive this fee in some cases.
Incidentals:
The Company reserves the right to charge incidental fees such as, but not limited to:
Road tolls: If the Company has to incur this cost travelling to the Clients location.
Parking: If the Company has to incur this cost to work at the Clients location.
Taxis: If the Company has to incur this cost travelling between local and non local Client locations.
Accommodation: If a Clients location requires an extended, or unexpected stay, the Company reserves the right to charge for reasonable accommodation.
Meals: If the Clients location/assignment requires the purchase of exorbitantly priced food the Company reserves the right to charge the Client a reasonable percentage of food expenses.
All final images, and design elements are colour corrected as per the Company calibrated monitors. The Company is not responsible for the Client’s monitor or printer colour interpretation. Any additional retouching requested by the Client will be invoiced. However retouching will never extend beyond colour and lighting (ie: perceived imperfections are not photoshopped).
Cancellation Fees
The Company reserves the right to charge the full fee if a booking is cancelled by the Client one business day prior to the start time. If a booking is cancelled within three business days, the Company reserves the right to charge 50% of the fee.
* Weddings: The Company reserves the right to charge the full fee if the booking is cancelled one week prior to the start time. If the wedding is cancelled within 30 days of the start time, the Company reserves the right to charge 50% of the booking fee and any other associated and non-refundable travel arrangements already made by the Company.
Payment Terms
All payments for services and products provided by the Company must be paid within 30 days of invoicing date. Unless otherwise agreed in writing, the company requires payment of a 50% booking fee paid before services are rendered and a final payment of 50% made upon delivery. The Company reserves the right to charge interest on overdue invoices at a rate of 2% per 30 days.
Client Representation
The Client must ensure an authorized representative is present to facilitate the Company's interpretations of the Clients brief. If the Client or authorized representative is not present, the Company's interpretation of the brief shall be deemed acceptable.
Confidentiality
The Company acknowledges in certain cases it may receive information from the Client which is deemed by the Client to be Confidential. Upon the Client's request, the Company agrees to keep this information confidential and will not disclose such information to other parties except as required by law.
User Privacy
For user privacy in regards to the GDPR (General Data Protection Regulation) in Europe, it is the clients responsibility to ensure compliance.
Retention of Title
The Company reserves the right to retain all of the Creative Material and materials in the Company's possession until all monies owed to the company have been paid in full. Additionally, licenses granted by the Company to the Client will also be revoked until payment has been made in full, and cleared.