Legal Terms

INTELLECTUAL PROPERTY

All design work provided by Deborah Kekone / Deborah Kekone Graphic + Web Design is considered "work-for-hire" under the guidelines of all applicable state and federal laws. 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, Instagram, LinkedIn, Creative Hotlist, etc.), and for competitive submission, and may not be replicated or modified by another designer without prior written consent from Deborah Kekone (see below "Termination of Designer-Client Relationship" for exceptions). 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. Upon completion of payment for all projects, client reserves the right to use or not use final deliverable art as they sit fit and as applicable by law. 

SUBCONTRACTORS

Deborah Kekone retains the right to subcontract work as needed, upon client approval. Subcontracted work can include photography, copywriting, website and website-related 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. Client may be required to pay subcontractors directly. 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, spelling, 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, permissions modifications, addition or deletion of content, updating WordPress versions or plug-ins, etc.), etc. that occur after final deliverables have been submitted. 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. Client is responsible for maintaining accurate records of all website hosting, domain name registration, and Wordpress login credential information.

FINAL ART – PRINT

Accuracy of text, spelling, 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 not responsible for printing results if client uses alternative means to modify final art. Examples of this include, but are not limited to, hiring another graphic designer to make changes, adding additional pages to a multi-page document, and editing final art in Photoshop, Illustrator, or Acrobat. 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. 

TERMINATION OF DESIGNER-CLIENT RELATIONSHIP

Upon written termination of any designer-client relationship, client may hire another graphic designer or design firm to replicate or use as inspiration any deliverable item that has been paid for in full by the client when the deliverable item is considered an integral part of the client's brand identity. One-time and limited use designs including, but not limited to, designs for specialized events or marketing campaigns may not be replicated. Deborah Kekone will not provide original working files or licensed items to client, client's employees, client's vendors, client's friends or family members, or client's independent contractors upon termination of business relationship. Deborah Kekone is not responsible for the results of any replicated brand identity materials or accuracy of the design replication. Upon termination of the designer-client relationship, hourly rates may be subject to change according to market rate for any supplemental work or services that are provided.

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

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