All proprietary information and original files used to create designs (including websites) remain the intellectual property of Deborah Kekone / Deborah Kekone Graphic + Web Design and all designs 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, "working" files, "live" text files, layered files, file revisions, templates, original assets, 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. Deborah Kekone retains licensing rights to all licensed items including stock photography, illustrations, video, and audio as well as licensed fonts, Wordpress plug-ins, Wordpress themes, and software. Clients who wish to license these items may do so directly from the licensing vendor.
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.
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.
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 quality 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.