These Terms and Conditions ("Agreement") govern the contractual relationship between Kent Visual Design ("Agency," "we," or "us") and the client ("Client" or "you") in relation to the services provided by Kent Visual Design. You agree to abide by these terms and conditions by engaging our services.
The advertiser, specialist, or agent will receive a verbal explanation of the payment details, service terms, and cancellation policy. These terms and conditions will be confirmed through an email containing a confirmation link. Acceptance of these terms and conditions will be indicated by checking the "acknowledgment" box and clicking the "submit" button after reviewing the Terms and Conditions.
If advertisers are unable to accept the terms and conditions within 30 days of the presentation of the conditions by Kent Visual Design, the offer will be considered withdrawn. Advertisers may request services from Kent Visual Design again, but a new estimate and revised terms and conditions will be considered.
If the advertiser does not agree to be legally bound, they have the option to notify Kent Visual Design within three working business days by sending an email to info@kentvisualdesign.com with the subject line "Cancel Services." The email should include the advertiser's name, business name, email address, physical or mailing address, and location. In such cases, the services will be canceled without any further obligations, provided that the notification is sent before 5 PM US Eastern Standard Time. The advertiser will be responsible for the costs of any services rendered up to that point.
However, if the advertiser fails to email or communicate with Kent Visual Design regarding the cancellation of services, it will be assumed that the advertiser has accepted all the terms and conditions and has consented to be legally bound by the terms of the contract.
By accepting the terms and conditions, the advertiser also agrees to receive information from Kent Visual Design regarding their account and the services provided. This information may include promotional messages, updates on technology, or additional offers. To unsubscribe from promotional or marketing messages, the advertiser can email us with the subject line "opt-out of marketing messages" to info@kentvisualdesign.comfor the advertiser to include their name in the email.
Regardless of whether the advertiser accepts these Terms and Conditions, any personal information provided by the advertiser will be subject to Kent Visual Design’ security policy, which can be reviewed.
If the advertiser provides their contact information to Kent Visual Design and subsequently either explicitly rejects or fails to accept these Terms and Conditions within thirty (30) days, or if the services are not provisioned, or after the termination or cancellation of previously provided services, the advertiser may continue to receive marketing messages from Kent Visual Design. To unsubscribe from promotional or marketing messages, the advertiser can email us with the subject line "opt-out of marketing messages" to info@kentvisualdesign.comrtant for the advertiser to include their name in the email.
Please note that any requests to unsubscribe according to the terms of this section will require a reasonable amount of processing time by Kent Visual Design, and the advertiser may continue to receive messages during the processing period.
Kent Visual Design will employ various online strategies and platforms to promote the business of advertisers. Our services are considered as our products.
The following are the current offerings of "Services," which may change from time to time. These Terms and Conditions will only apply to the Services that the Advertiser has requested, paid for, and received from Kent Visual Design:
The advertiser has the flexibility to determine the expenses and pricing for any service by communicating with Kent Visual Design via telephone, chat, or email. The charges for services are outlined in the individual product/service terms and conditions pages mentioned earlier. By accepting these terms and conditions, the advertiser explicitly agrees to pay the charges and pricing for the requested services, as communicated by Kent Visual Design at or before the time of acceptance.
The advertiser must utilize one of the following payment methods: a credit card, to be subsequently charged by Kent Visual Design, or a bank cheque made out to Kent Visual Design. By providing their financial information, the advertiser authorizes Kent Visual Design or its merchant services provider to store the financial information for the purpose of facilitating payment to Kent Visual Design. It is the advertiser's responsibility to notify Kent Visual Design in writing of any changes or updates to their financial information.
All expenses must be paid in USD, and the advertiser is fully responsible for any applicable taxes. All expenses are due as per the agreed-upon fee schedule or immediately upon the advertiser's receipt of the invoice, as applicable. The advertiser acknowledges that any setup fees or one-time service payments are non-refundable.
Payments made via credit card or bank account are processed to avoid the inconvenience of late payments for both parties. However, it is the advertiser's responsibility to ensure that Kent Visual Design has the most up-to-date credit card or bank account information and that the chosen payment methods are suitable for the payment of expenses owed to Kent Visual Design.
If the approved payment method by the advertiser fails, and one or more payments are made after the due date, such late payments will incur a late fee equal to the greater of $150 or 10% of the total amount due, not to exceed the maximum amount permitted by applicable law. In addition to late fees, the advertiser agrees to pay all attorney's fees and costs incurred by Kent Visual Design for late payment collection efforts.
If the advertiser wishes to modify the current contract term for any of the Services or obtain information regarding the amount or expected date of any subsequent recurring payment, or the duration, termination, or renewal of the Services, such requests can be made through telephone, chat, or email.
The duration of each Service will commence from the date of acceptance of these terms and conditions by the advertiser. Billing will be processed as a one-time payment or as scheduled payments, as specified in the specific product/service terms and conditions for the provided services.
Payment for services must be made in advance on a monthly basis. After the initial contract term, the contract for the services will automatically renew on a monthly basis, starting from the anniversary date of the advertiser's initial acceptance of these terms and conditions.
Upon the conclusion of the initial contract term, the advertiser has the option to cancel the automatically recurring payment and the associated services by notifying Kent Visual Design. The cancellation request should be sent to _NAME ?> no later than 5:00 PM US Eastern Standard Time at least three (3) business days prior to the scheduled recurring payment. In such a case, the following recurring payment will be canceled, and the services will end at the end of the current term.
If the cancellation notice is received less than three (3) business days before the next recurring payment, the payment will still be processed, and the services will continue for an additional renewal term, with termination occurring at the end of that additional term.
Please note that no prorated refunds will be provided for partial terms or months. For example, if an advertiser enters into a 365-day contract term with Kent Visual Design and the initial sign-up date is July 15 of a given year, to cancel the services at the end of the contract term without incurring an additional month's charge, the advertiser must provide written notice of cancellation no later than July 12, assuming July 12, 13, and 14 are business days. One-time charge offerings are not subject to subsequent renewal terms as they are provided in advance, and their term is fulfilled upon the initial delivery of the service to the advertiser.
In the event that an Advertiser decides to terminate services before the completion of the contract term, they will be required to pay an early termination fee equal to the remaining Contract Value. The Contract Value is determined by multiplying the number of months fulfilled in the agreement or subscription request by the monthly fees applicable to the Services. For example, if the Services have a three-month term with a monthly fee of $850, the Contract Value would be $2500. If the Advertiser cancels after the first month, the cancellation fee will amount to $1250.
Advertiser acknowledges that Kent Visual Design may occasionally revise its standard terms and conditions and modify its service offerings. Furthermore, Kent Visual Design reserves the right to modify the pricing of these services, provided that Advertiser receives a written notice at least thirty (30) days in advance. In the event that the agreement does not provide for renewal or extension beyond one month, the agreement will be considered on a month-to-month basis, subject to the revised terms and conditions and/or pricing upon receipt of such notice. Advertiser is advised to consider entering into long-term contracts in order to secure pricing, terms, and conditions. Both Advertiser and Kent Visual Design have the ability to modify the Services at any time through mutual agreement.
Advertiser is authorized to access websites owned, operated, or hosted by Kent Visual Design that require login or account information to manage Advertiser's advertising account(s). Advertiser agrees not to use the site or any materials on it or disclose any personal data. The right to create an account with Kent Visual Design is personal and non-transferable, and Advertiser must comply with the rules set by Kent Visual Design. Advertiser agrees not to use automated scripts, robots, or spiders to access their account or monitor the Kent Visual Design website and its content, except for those automated means explicitly provided by Kent Visual Design.
Advertiser understands that any data or information provided to Kent Visual Design may not be processed in real time and could be subject to delays caused by the Internet, Kent Visual Design systems, and the networks of third-party partners and search engines.
Kent Visual Design retains the title and full ownership rights to the Services, including all concepts, ideas, campaign optimizations, computer programs, and other technology associated with the operation of the Kent Visual Design network, bid management, task management, and optimization platform, as well as its website(s) (collectively referred to as the "Kent Visual Design Materials"). These rights will always remain exclusively with Kent Visual Design and/or the respective outsourced supplier, author, or promotional partner, if applicable and if the promotional partner is the rightful owner. Advertiser acknowledges that it does not acquire any ownership interest in the Kent Visual Design Materials through this Agreement and will not obtain any ownership interest in the Kent Visual Design Materials as a result of this Agreement.
Unless Kent Visual Design specifically includes Advertiser's website as part of its Services, Advertiser acknowledges that Kent Visual Design and its Promotional Partner (if applicable) are not responsible for the development, support, and operation of Advertiser's website(s), nor for any content or materials displayed on the website(s) or for the visitors to the website(s). Additionally, Kent Visual Design or its promotional partner is not responsible for order entry, payment processing, shipping, cancellations, returns, or customer service related to orders placed on Advertiser's website(s). Advertiser also agrees not to incorporate or display any content owned or licensed by Kent Visual Design or its promotional partner, including Kent Visual Design search listings, on its website(s) unless specifically authorized in a separate agreement with Kent Visual Design.
Advertiser acknowledges and agrees to the following throughout the duration of this Agreement:
Additionally, Advertiser agrees to the following:
Advertiser agrees to indemnify, defend, and hold harmless Kent Visual Design, its delivery partners (including promotional partner), their licensors and licensees, affiliated companies, and their respective officers, executives, employees, agents, and representatives (collectively referred to as the "Indemnified Parties"), from and against all claims, actions, liabilities, losses, costs, damages, and expenses (including reasonable attorney's fees) that may arise as a result of any claims, suits, or proceedings (referred to as a "Claim") including, but not limited to, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other infringement of third-party rights, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, regulation, or rule worldwide in connection with Services performed on behalf of Advertiser, Advertiser's client's website(s) or content therein, Advertiser's conduct, acts or omissions, or any alleged or proven breach by Advertiser of any term, condition, agreement, representation, or warranty stated in this document.
This indemnification does not cover any claim that arises solely from the acts or omissions of an Indemnified Party with respect to that party. An Indemnified Party will promptly notify Advertiser of any claim, action, or demand for which indemnification is required. The Indemnified Party shall have the sole discretion to accept or reject the law firm chosen by Advertiser to defend the Indemnified Party. Advertiser may not settle any claim or matter relating to the culpability or liability of an Indemnified Party without the prior consent of the concerned party. An Indemnified Party shall have the right to participate in the defense of a claim and/or to be represented by counsel of its own choice at its own expense. Without limiting any rights and remedies under applicable law, Kent Visual Design shall have the right to offset any liability of the Advertiser regarding a Claim against any deposited amount held by Kent Visual Design.
Advertiser agrees not to hold Kent Visual Design or promotional partner liable for any errors in content, omissions, consequences, damages, costs, refunds, or any other issues arising from service interruptions or unavailability of the Internet or the websites where the advertisements are displayed for unknown reasons.
Furthermore, Advertiser acknowledges and agrees that errors or mistakes in the execution of the Services, including spelling errors or miscommunication, do not entitle them to a refund. Advertiser will notify Kent Visual Design promptly and allow a reasonable time for any identified errors or omissions to be corrected. As Kent Visual Design relies on third parties for certain information, it makes no guarantees regarding the accuracy, quality, or completeness of such information. Neither Kent Visual Design nor the promotional partner, if applicable, will be responsible for any consequential, special, or lost profit damages arising under this Agreement.
In case the Advertiser requests or purchases any extra assistance, including tracking codes or making any changes to Advertiser’s website(s), regarding Service, then Advertiser consents to provide Kent Visual Design with access to perform the requested or purchased additional assistance. Advertiser recognizes that any extra help given by Kent Visual Design is likewise subject to the impediments of risk in this Agreement.
SOLE JURISDICTION: This Agreement will be interpreted in accordance with the laws of the United States of America, and both parties agree that in the event of any dispute arising from this Agreement, the jurisdiction will exclusively lie in a competent court within the United States of America.
Section headings are provided for convenience only and do not form part of this Agreement, nor are they intended to provide a complete and accurate description of its contents.
WAIVER: If one party waives a breach of any provision of this Agreement by the other party, it shall not be interpreted as a waiver of any subsequent breaches. The waiver of any breach or default of this Agreement by either party shall not be deemed a waiver of any other breach or default.
ENTIRE AGREEMENT: This document, along with any other materials, documents, understandings, or agreements referenced herein, as well as any attached exhibits, schedules, or supplementary documents, constitute the entire agreement between the parties. Any previous agreements, understandings, or representations are hereby terminated and canceled in their entirety and have no further force or effect.
If a dispute arises between the parties, the party involved in such a situation may be entitled to reimbursement of its legal expenses from the party that does not prevail, regardless of whether an official decision is ultimately made by the court.
The contracts, commitments, and agreements stated in this Agreement are solely for the benefit of and can be enforced by the Parties involved and, where indicated, the Promotional Partner or their respective successors or authorized assignees.
SURVIVAL: The sections of this Agreement that pertain to matters or conditions that may occur after the termination of this Agreement shall be interpreted to continue in effect even after such termination.
Our content policy is crucial in ensuring a positive experience for our clients. For regular websites and resume designs, all content, such as images, headings, copy, and text, will be provided by the client. In the case of resume design, the client needs to provide complete personal information along with a biography, and we do not offer any content creation services for this. For e-commerce websites, our Kent Visual Design team will provide 10 to 30 sample products, and the client is responsible for providing product information, including the product name, price, images, and shipping policy. We will handle the CMS (Content Management System) and e-commerce management. Please note that our graphics use dummy text (Lorem Ipsum) for previewing layouts and visual mockups.
Our company makes every effort to meet your specific requirements, and our talented designers work diligently to exceed your expectations. We take pride in delivering meticulously researched and finely crafted designs. We offer a 100% satisfaction guarantee and unlimited revisions to ensure complete satisfaction. Our goal is to surpass your expectations, and we will continue revising your design until you are fully content (the number of revisions will align with your chosen package).
The design order files are provided to the client's Account Area according to the specified date on the "Order Confirmation." Additionally, an email notification is sent to inform the client about the delivery of their design order to their designated account area. The processes related to revisions and refunds are determined based on the date and time of the design order being delivered to the client's account area.
Our preliminary customized design orders for logos, websites, and branding materials are typically delivered within 2 to 3 days. However, for software, apps, mobile games, and animation storyboards, the delivery time is within 3 to 5 days. The delivery timeline for digital marketing strategies varies depending on factors such as research, mediums, budget, and overall plan size.
At Kent Visual Design, we offer unlimited revisions based on the specific packages you choose. Clients can request revisions within the parameters of their package, and no additional fees will be charged. However, the overall design and concept will remain the same, and the client can provide revision requests for any one of the options provided. Revisions on multiple options are either not allowed or may be subject to separate charges.
The standard turnaround time for revisions is as follows: 48 to 72 hours for logo and website design revisions and 3 to 5 days for video animation revisions. The timeline for software, apps, and games may vary depending on the scope of the revision. Similarly, the timelines for functionality and development revisions may also vary depending on the scope of work.
For digital marketing strategy revisions, the timeline will vary based on factors such as research requirements, chosen mediums, budget considerations, and the overall size of the marketing plan.
Upon acceptance of the artwork and completion of the full payment, the client assumes ownership of all rights associated with the paid artwork. This includes the transfer of claims and copyrights to the client, granting them complete ownership of the design.
The client maintains complete ownership of the logos, drafts, and any associated materials. The Website is granted the exclusive right to utilize the logos for promotional purposes, including inclusion in our portfolio, but is prohibited from selling or using them for profit without explicit authorization from the client. The client has the freedom to use the design, graphics, logos, and text as they see fit. The Website is obliged to utilize the logos in a fair and lawful manner that does not harm the client's reputation or integrity.
We maintain a record of the finalized design once we have provided you with the final files. If you need the final files again in the future, you can request them from us, and we will send them to you. The data will be stored for a duration of 6 months, after which the files will be permanently erased.
You acknowledge that Kent Visual Design cannot be held accountable for any communication received from email addresses or toll-free numbers that do not belong to our domain, specifically ".....kentvisualdesign.com/," or any toll-free numbers not mentioned on our website. Kent Visual Design is not responsible for any damages resulting from such correspondence. We solely take responsibility for communication conducted through email addresses within our own domain or via the toll-free numbers listed on the Kent Visual Design website.