Keltech Designs Design Agreement

Keltech Designs, LLC shall perform design services for Client based on this term agreement signed by both parties. All services agreed upon and performed are completely based on Client’s suggested scope of work. The scope of work does define the price for services rendered. The requested scope of work determines the term of the agreement.

At the following rate of remuneration:

This agreement shall begin on (Start Date) as outlined in Keltech Designs Creative Process Timeline Schedule and shall terminate on (Completion Date) as outlined in Keltech Design Creative Process Timeline Schedule, unless earlier terminated or extended by the Client. Client may terminate this term agreement/contract by cancellation of services no later than 30 days notice to Keltech Designs, LLC. If an agreement/contract is signed for completion of services totaling 30 days or less (Client) is responsible for up to 60% of the total amount approved by (Client) listed on the Keltech Designs, LLC proposal document unless other financial disbursement has been otherwise mutually renegotiated. Initial payment (Deposit) under this contract will be made on or before (Start Date) to active rendering of services.

Work:

Keltech Designs LLC (KD) agrees to produce project materials (the “Work”) based on the project schedule for fees agreed upon in advance and delivery of the Work in accordance with initial suggested deadlines. Client agrees that Keltech Designs, LLC will be the sole author of the Work, which will be original work and free of plagiarism. Keltech Designs LLC will cooperate with Client in editing and otherwise reviewing the Work prior to completion and final production.

Compensation:

Client agrees to pay Keltech Designs LLC 100% of the total cost, as scheduled, upon signing of the KD Financial Agreement/Contract before any workable files are delivered or released with full ownership rights. If the parameters of the Work change, or if it involves additional services, Keltech Designs LLC will inform Client and they can renegotiate the Work’s cost or Contract renewal. Keltech Designs LLC is responsible for the payment of all federal, state, and/or local taxes with respect to the services performed for the client as a Limited Liability Company. Client will not treat Keltech Designs LLC as an employee for any purpose or circumstance.

Additional design and technology support services may be requested by the Client and Keltech Designs LLC will be compensated at an agreed upon rate based on the scope of work requested. All compensation paid outside of the basic Term Agreement fees will be agreed to by both of the Client and Keltech Designs LLC will submit an invoice for these services.

Client Approval:

Upon acceptance of the Work, Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Keltech Designs LLC is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.

Client will purchase any necessary products such as photos, fonts, digital licenses, or like items to complete any design work that require use. These costs will not be the responsibility of Keltech Designs LLC. No additional charges for digital proofs, photo scans, and like essentials will be presented to Client for payment.

Confidentiality:

Client acknowledges that Keltech Designs LLC may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Keltech Designs LLC agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Keltech Designs LLC before the Financial Agreement/Contract is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this agreement, Keltech Designs LLC can display materials and final work created for Client on the Keltech Designs website (https://keltechdesigns.com).

All design work provided by Keltech Designs LLC, in accordance with remission of payment received by Client for services rendered will be the property of Client and is protected by copyright. Client will release copyright Keltech Designs LLC for use in a portfolio, informal example, presentation, or on a website.

Cancellation/Project Abandonment:

Both parties understand that Client or Keltech Designs LLC may terminate the commenced service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Keltech Designs LLC. Should Client cancel the project following its completion, Client is responsible for full payment as per the total issued estimate plus all expenses incurred. In the event of cancellation, Keltech Designs LLC retains ownership of all copyrights and original work created.

Client will provide oversight and instructions on the design of all digital productions to the designer on a timely basis. Client shall announce in written form of project abandonment, the Project shall be abandoned or operation thereof shall cease or be suspended for a period of at least thirty (30) consecutive days for any reason (other than force majeure); If Client abandons the project for more than sixty consecutive days, Keltech Designs LLC shall be compensated for services performed prior to the abandonment and Keltech Designs LLC may terminate this Term Agreement by giving not less than 7 days written notice to the Client prior to the cancellation deadline.

Limits on Liability:

Keltech Designs LLC will not guarantee deliverables to be fit for, or achieve, any specific purpose that has not already been outlined in accordance with the initial scope of work and assessed project objectives.

Keltech Designs LLC cannot and do not guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.

Keltech Designs LLC will not be liable to Client for lost profits or other special or consequential damages of any kind, nor will Keltech Designs LLC be liable to Contracting Party for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you in any event will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.

Specifically, Keltech Designs LLC will not be responsible or liable to Client for damages or loss caused by:

    – Client use of the designs and deliverables in ways that are not covered by the licenses we grant to you;
    – Any service performed by Keltech Designs LLC on Client instructions, or using material Client provided to Keltech Designs LLC;
    – Any breach of these terms and conditions by Client;

– Any legal, governmental, contractual or other approvals that were required but which you did not obtain or confirm before project abandonment timeline in accordance with project abandonment policies, and Client will keep Keltech Designs LLC indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that Keltech Designs LLC may incur due to any of these specific actions and omissions.

Force Majeure:

Neither Client nor Keltech Designs LLC shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service).

No Transfer of this Contract/Term Agreement:

Client cannot transfer, assign or novate this contract, the licenses given under or in connection with it, or any other parts of this contract to any individual, company, organization, or contractor without our advance permission in writing, which Keltech Designs LLC may choose to give subject to additional conditions.

Keltech Designs LLC cannot transfer, assign or novate this contract without Client’s advance permission in writing, except to a company or business in which Keltech Designs LLC or designated administrators have a majority ownership interest.

Legal Information:

This contract and all matters arising from it are governed by United States law.

Keltech Designs LLC may amend these terms and conditions at any time without prior notice. Terms and conditions are subject to change prior to renewal of the financial agreement/contract due to revised or updated Keltech Designs LLC policies.

If for some reason part of this contract becomes unenforceable or invalid, the remaining parts will be unaffected.

A failure or delay by either party in exercising any right or benefit under this contract does not amount to a waiver of that right or benefit.

This contract will bind the parties’ respective legal personal representatives, successors and permitted assigns.

Except where expressly stated otherwise in this contract, a person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

This is an agreement for graphic design services. The Client is only interested in the results obtained by Keltech Designs LLC. Keltech Designs LLC is responsible for payment of all federal, state and local income taxes as to which tax percentages are included for services rendered. By signing this contract or by Client expressing confirmation in writing (on paper or in electronic form), Client agrees to all the terms and conditions of this contract, which is effective from the most recent date that appears in the signing page or email.​

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