Brand Kit Design Intensive Terms & Conditions

alexandra sardi
alexsardistudio@gmail.com

Effective Date: May 1st, 2024

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.alexandrasardi.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. 

RECITALS

Accordingly, the parties agree as follows:

ARTICLE 1 - alexandra’S RESPONSIBILITIES

A. Alexandra will provide the Brand Kit Design Intensive services listed below and will provide clarification of what’s included or not included in the package. Any “ADD ON” services listed on the Brand Kit Design Intensive Services Schedule are commonly requested, additional services which are not included in the package, and are included for Client convenience.

INCLUDED IN THE BRAND KIT DESIGN INTENSIVE:

  • 30-minutes strategy call

  • Swapping out business name in logo

  • Updating the mood board, color palette, font system

  • Uploading client images to the social media graphics

  • 3 rounds of revisions are included per design file

NOT INCLUDED IN THE BRAND KIT DESIGN INTENSIVE:

  • Brand Kit template from the shop is separate

  • Custom logo design

  • Additional design elements/icons/patterns

  • No layout customizations

B. If the Client follows the Alexandra’s Streamlined Process detailed in this Agreement, Alexandra will set up and customize the Client’s Brand Kit template by the end of an 8-hour time frame (in just “One Day”). The Brand Kit Design Intensive is scheduled on the first call, and Alexandra Designer will work with the Client during this 8-hour time period to set up and customize the Brand Kit Template including fonts, colors, and images. In order for Alexandra to maintain the 8-hour timeframe of the Brand Kit Design Intensive, Client must:

  • Upload images, colors, logos, and other assets 24 hours prior to the Brand Kit Design Intensive start time. This information is the most important factor in creating a killer site that reflects the Client’s vision, goals, and desires.

  • Give immediate feedback during the Brand Kit Design Intensive. Alexandra can operate most efficiently with prompt feedback.

C. Alexandra will guide the Client through the Brand Kit Design Intensive process, serving to keep the Client in the loop and to move the project forward.

D. If at any point the scope of the project changes or becomes unclear, Alexandra and the Client will regroup and set a new quote and project scope. Alexandra will notify the Client if the scope of the project has increased beyond the scope of the Brand Kit Design Intensive defined terms.

ARTICLE 2 - THE CLIENT’S DESIGN RESPONSIBILITIES

A. The Client will designate one point of contact person who will be the sole decision maker for the project.

B. The Client will communicate with Alexandra, utilize Alexandra’s project management system, and meet all the Client’s deadlines for asset submission and feedback.

C. The Client will submit and upload any images, graphics, or assets for the website at least 24 hours prior to the Brand Kit Design Intensive. If the files are not uploaded 24 hours prior to the Brand Kit Design Intensive, the Client will need to cancel or reschedule the Brand Kit Design Intensive and will be billed a $200 rescheduling fee, and the project may be subject to Project Termination at Alexandra’s discretion (detailed in ARTICLE 6.E).

D. The Client will provide timely feedback on design elements during the Brand Kit Design Intensive. If the Client delays in providing feedback:

  • The first 90-minute delay will result in a warning.

  • The second 90-minute delay will result in an additional $150 administrative fee owed by the Client.

  • The third 90-minute delay and any subsequent delays will result in additional $150 administrative fees owed by the Client, and can result in Project Termination (detailed in ARTICLE 6.E).

  • If, during the Brand Kit Design Intensive, Alexandra requests feedback from the Client, and the Client does not respond within 4 hours hours, then Alexandra may terminate the project without notice.

E. The Client must not resell their design, or duplicate or share Alexandra’s brand assignment procedures. The Client must protect all final art resulting from this agreement against duplication and alteration.

ARTICLE 3 - THE CLIENT’S PAYMENT RESPONSIBILITIES

A. 100% Payment Up-Front. The Client will pay 100% of the Brand Kit Design Intensive up-front. $200 of that fee is non-refundable if the client or Alexandra cancels or terminates the project. A $200 fee is required if the Client reschedules within 48 hours of the Brand Kit Design Intensive start time.

B. Late Fees and Administrative Fees. The Client will pay any additional late fees or administrative fees billed under this contract (including, but not limited to, those fees found in ARTICLE 2, above). Additionally, the Client shall pay for all collection and legal fees resulting from nonpayment.

C. Overdue Balances. The Client will pay a 1.5% monthly service charge on all overdue balances.

D. Alexandra retains all rights to all intermediate deliverables submitted. The grant of any license or of any intellectual property rights to the Client is conditioned on full payment by the Client at the end of the project.

ARTICLE 4 - canva

A. Canva is complete free to use.

B. In order to upload a custom font that isn't included in Canva, Client will have to upgrade to the paid version of Canva, "Canva Pro".

C. Client understands that Alexandra can help with general Canva related questions, template modifications, design questions/reviews. And problems you are having with the software is a Canva issue not Alexandra.

ARTICLE 5 - WARRANTIES AND REPRESENTATIONS

A. Both Alexandra and the Client warrant and represent that they have full authority to make this agreement, and the signatory for each party warrants and represents that he or she holds the authority to enter into this Agreement on behalf of the signatory’s organization.

B. Both Alexandra and the Client warrant and represent that they do not intend to use this agreement or any resulting product for any illegal purpose.

C. Alexandra warrants and represents that to the best of Alexandras knowledge, the services are original and have not previously been published, or Alexandra has the right to use all previously published or non-original content for this project, and no scandalous, libelous, or unlawful matter will be provided by Alexandra in the services. This warranty does not extend to any uses the Client or others make of the project, and the Client agrees that it will hold Alexandra harmless for all liability caused by the Client’s use of the project, including, but not limited to, any use that infringes on the rights of others.

ARTICLE 6 - CLOSING PROVISIONS

A. Modifications to this Agreement. All modifications to this Agreement must be in writing, except that the invoice may include fees and expenses the Client orally authorized. The Client shall pay those orally authorized fees and expenses.

B. Retention of Project File After Brand Kit Launch. Alexandra will add all files to Client’s Canva account. The Client is responsible to download, save, and store any necessary files before Alexandra deletes the project files. Alexandra will archive the project 24 hours after completion. Alexandra will delete the project one month after the completed date.

C. Any additional work the Client requests Alexandra to perform after launch (and after the Brand Kit Design Intensice) will be billed at the Hourly Rate.

D. Project Cancellation. If the project is canceled by the Client, any necessary payments made by the Client shall be retained by Alexandra, and the Client shall pay all Billable Expenses already incurred by Alexandra. Other payments made by the Client will be refunded by Alexandra. If the project is canceled, Alexandra retains ownership of all intellectual property rights and all original artwork.

E. Project Termination. The project may be terminated at Alexandra’s discretion under circumstances identified in the sections above. Additionally, if the Client is being unreasonably difficult to work with, Alexandra can issue a warning to the Client, putting the Client on notice that the project may be terminated after three warnings have been issued. After Alexandra has issued three warnings to the Client, Alexandra may terminate the project by providing notice to the Client that the project has been terminated. This section defines the Parties’ rights and obligations in the event of termination.

  • Performance. Once the project has been terminated, Alexandra is not required to perform any further work for the Client.

  • Payments and Refunds After Project Termination. The Client shall pay for all Billable Expenses Alexandra has already incurred, and other payments already made by the Client shall be treated as follows:

  • Alexandra will keep any retainer payments already made by the Client.

  • If the project is terminated after the Client has made both the retainer fee and final payment, but before the project is completed, the Client will receive a refund of all payments except for the retainer payment and any payment for Billable Expenses already incurred.

  • Assets. Alexandra retains ownership of all intellectual property rights and all original artwork created by Alexandra. The Client shall retain all rights for materials purchased from third parties by Alexandra on the Client’s behalf. The Client shall pay for these materials.

F. Return of Information. Upon completion, cancellation, or termination of this Agreement each party shall return or destroy the confidential information of the other party, including things like credentials to social media accounts and websites.

G. The Client shall indemnify Alexandra for all claims and expenses, including reasonable attorney’s fees, due to any actions the Client takes relating to any uses or applications of Alexandra’s services or products that exceed the authorized or intended purposes of those services or products. This includes, but is no limited to, any illegal actions by the Client or any third party, or the Client’s unauthorized use of third party materials. The Client’s use of materials not provided or suggested by Alexandra is solely the responsibility of the Client.

H. Limitations of Liability. The Client agrees that it shall not hold Alexandra or its agents or employees liable for any damages, including, but not limited to, incidental or consequential damages, arising from Alexandra’s failure to perform any aspect of the project, regardless of whether such failure was caused by intentional or negligent acts or omissions of Alexandra or any other party.

I. Dispute Resolution. Any disputes arising out of this Agreement shall be submitted to binding arbitration under a single arbitrator from the American Arbitration Association under American Arbitration Association Rules, and the arbitration shall take place in California. This agreement shall be governed by California Law. The Arbitrator’s award shall be final, and a judgment shall be entered in a court having jurisdiction. The prevailing party shall pay all arbitration fees and costs, including reasonable attorney’s fees, and legal interest on any award.

J. Merger. This Agreement is the final and exclusive statement of the Parties’ agreement on the matters contained in this Agreement. It supersedes all previous communications, negotiations, and agreements.