Legal Terms

INTELLECTUAL PROPERTY

All designs (including websites) remain the intellectual property of Deborah Kekone / Deborah Kekone Graphic + Web Design and may be used by her and her team for personal and professional promotion in advertising materials, personal and professional portfolios (web and print), on third party promotional websites (examples: Facebook, LinkedIn, Creative Hotlst, etc.), and for competitive submission, and may not be replicated or modified by another designer without prior written consent from Deborah Kekone. All original artwork created or purchased by Deborah Kekone (including all used and unused design concepts), "working" files, "live" text files, layered files, file revisions, templates, original assets, stock and contracted photography and illustrations, materials used to create designs, research materials, etc. remain the physical and/or intellectual property of Deborah Kekone after project completion unless other arrangements are made in writing prior to project start date. Any requests for these types of files, will be addressed individually and typically only files that are "flat" or with outlined fonts will be submitted to client and/or client's parties, unless the original approved project description specifies creation of live files, "working" files, layered files, or "templates" as a deliverable item. All final "deliverable" items must be negotiated in writing prior to start of project. Deborah Kekone retains ownership of all unused design concepts and retains the right to repurpose these designs for future projects for any and all clients, including client competitors.

SUBCONTRACTERS

Deborah Kekone retains the right to subcontract work as needed, upon client approval. Subcontracted work can include photography, copywriting, Flash programming, database-driven web programming, and other types of non-design work that help in the creation of final deliverable items. All subcontracted work is project managed, art directed and creative directed by Deborah Kekone. All design work will be completed personally by Deborah Kekone unless other arrangements are made prior to start of project.

LEGAL COUNSEL

Deborah Kekone reserves the right to retain an attorney and/or other legal counsel to assess and advise on all legal documentation, including non-disclosure agreements ("NDA's"), mediate contract disputes, to issue "cease and desist" notifications, and to collect outstanding payments. Attorney fees will be billed to client in addition to any project fees. All payments not received within 30 days will be assessed a 10% late fee. Additional late fees will apply every 30 days thereafter. See billing for more information.

FINAL ART – WEBSITES

Accuracy of text, photos, marketing claims, etc. is the sole responsibility of the client. Deborah Kekone is not responsible for any technical problems caused by client error (ex: moving or renaming of files, formatting modifications, permissions modifications, addition or deletion of content, updating WordPress versions or plug-ins, etc.) that occur after the launch date of a website. Websites will be programmed as stated in writing in the approved project proposal and additional functionality will be addressed and quoted on a case-by-case basis. All websites are guaranteed to work as agreed upon at launch in current versions of FIrefox, Google Chrome, and Safari on Apple and Windows computers with current operating systems. Deborah Kekone is not responsible for website functionality problems that may occur on computers using outdated operating systems, non-current versions of web browsers, non-current versions of Flash, or in all versions of Internet Explorer and AOL. Flash and some javascript functioning does not work on mobile devices and Deborah Kekone is not responsible for how websites appear on these devices including, iPads and other tablets, and on smart phones, including iPhones and Blackberries unless functionality on these devices is specified in writing prior to start of project. Deborah Kekone is not responsible for functionality and usability in administrative parts of database-driven websites (ex: websites that use programming languages such as PHP, ASP, Joomla, Wordpress, etc.). Deborah Kekone will test all websites for functionality issues during the beta testing period, however client is responsible for "real world use" testing of their website during the beta phase and must clearly identify any possible programming errors or concerns and include documentation, such as a "screen shot" when addressing these concerns. Search Engine Optimization (SEO) is an art, not a science, and Deborah Kekone is not responsible for website's search engine placement, number of visitors or hits, Google Analytics results, etc. It is impossible to guarantee top placement in a search engine and any SEO techniques (keywords and phrases, page descriptions, title tags, etc.) incorporated within the site are used to enhance website's placement within search engines and are not guaranteed.

FINAL ART – PRINT

Accuracy of text, photos, marketing claims, etc. is the sole responsibility of the client. Final printed pieces may look different in appearance than digital files due to individual computer and monitor software and settings, printer "dot gain," use of PMS colors, spot varnishes and UV or aqueous coatings, printing quiality and techniques, and type and color of paper. Deborah Kekone is not responsible for outcome of final printed pieces if not contracted to attend a press check or review printer's proofs, if client opts to attend a press check or review printer's proofs in her place, or if printer's proofs are not requested by the client. Deborah Kekone is not responsible for the outcome of printed pieces when a "recommended printer" is not used. Deborah Kekone is only responsible for outcome of printed pieces after a press check or review of printer's proofs in that they match her vision of the design and prediction of the final outcome. Deborah Kekone is not responsible for final use of printed pieces and/or results from use of those pieces. Clients are always welcome to attend press checks if there are any concerns about final print outs.

Deborah Kekone Graphic + Web Design reserves the right to change these terms at any time.

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