Terms and Conditions
When asking and paying for an invoice, you agree to the following Terms of Conditions of working with us.
The Legals
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development, Marketing and Content Production services and apply to all services, contracts, invoices and all work undertaken by Klimt Creations LLC for its clients. In the below agreement, "we" indicates " Klimt Creations " and "you" indicates the "Client".
2. OUR FEES AND DEPOSITS
a. Unless otherwise agreed upon by written consent:
b. A deposit of the total fee payable under our proposal is due immediately upon the client instructing us to proceed with the website design, development or marketing and content production work.
c. Any remaining balance shall become due when agreed upon by our team and subject to the terms of the “approval of work” and “rejected work” clauses.
d. In the case of blocks of hours, where a certain number of hours is purchased by the client, we will work according to the number of hours on the block. Once the hours run out, it is the customer's responsibility to request and pay for additional hours.
e. We reserve the right not to commence any work until a new block of hours has been paid in full.
f. All payments made to Klimt Creations are final and not refundable.
g. We reserve the right to contract a third-party collection agency in the client's local area of residence in order to collect any unpaid balance for work that has been performed by our team.
h. The Client agrees and acknowledges that any portion of the Fees due and payable remaining outstanding for a period longer than one calendar month shall be subject to an interest rate of three and one half percent (3.5%) compounded monthly each month that any portion of the Fees remains due and payable. In the event that such interest rate exceeds the maximum allowable by law, the interest payable on Fees due and payable shall be reduced to the maximum allowable by law.
i. For payments made with Cryptocurrency such as $ETH or $BTC or any other token or cryptocurrency agreed on, the payment must be sent to the corresponding wallet address or URL link indicated on the invoice issued by Klimt Creations and according to the terms issued on the invoice. Sending any other coins to the address indicated will result in your coins being lost and unrecoverable. Klimt Creations is not responsible for lost or unrecoverable payments and we reserve the right not to commence any work until a payment has reached us successfully and is recoverable.
f. Either party may terminate iving 30 days’ notice of such intention to terminate to the other party, unless otherwise specified in a formal signed contract of work. The Parties agree that any fees that would otherwise be due during the 30 day notice period shall still be due and payable.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
4. REVISIONS & VARIATIONS
We are pleased to offer you the opportunity to make revisions to the work performed. However, we have the right to limit the number of revisions and variations to a reasonable amount and may charge for additional revisions and variations if you make a change to the original agreed upon specification. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $150.00 USD per hour + applicable taxes and fees.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content for the work performed. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 calendar days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed.
7. REJECTED WORK
If you reject any of our work within the 7 calendar-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
8. PAYMENT
a. Unless otherwise agreed upon by written consent: Klimt Creations will require to be paid ahead of the work starting and as per the payment schedule agreed upon prior to the invoice being sent. Any payment made to Klimt Creations is non-refundable.
b. Chargeback policy: Chargebacks on payments made to Klimt Creations are not allowed. Should a chargeback be filed for any payment made, Klimt Creations reserves the right to fight the chargeback according to all means allowed by law. Anyone who files a chargeback against Klimt Creations will be subject to a $3950 USD chargeback fee + applicable taxes and fees.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Additionally, Klimt Creations LLC will own any and all work produced by our team until payment and approval of work procedures have been executed by the client. At this point, the Client will be the rightful owner of the work that has been handed over.
10. LICENSING
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
12. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
13. DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Klimt Creations LLC under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
14. SUBCONTRACTING
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
15. NON-DISCLOSURE
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
17. BACKUPS
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act by us.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
19. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the state of Wyoming. You and Klimt Creations LLC submit to the non-exclusive jurisdiction of the courts in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
20. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as React, Webflow or other CMS, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
21. E-COMMERCE
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Klimt Creations and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
