Services Terms and Conditions
Welcome to the Kingly Kreators website (the “Website”). These Terms and Conditions (the “Terms”) govern your access to and use of the Website, as well as any freelance services (the “Services”) you may engage through the Website. By accessing or using the Website, or by engaging our Services, you (the “Client” or “you”) agree to be bound by these Terms. If you do not agree, please do not use the Website or engage our Services.
Kingly Kreators (the “Freelancer,” “we,” “us,” or “our”) provides freelance services such as graphic design, web development, book formatting, and video editing. These Terms are effective as of the date you first access the Website or engage our Services.
1. Scope of Services
We agree to provide the Services as described on the Website or in a separate Statement of Work (SOW) or project proposal agreed upon via email or other written communication. The details of the Services, including deliverables, timelines, and milestones, will be outlined in the SOW or proposal, which is incorporated into these Terms by reference. Any changes to the scope must be agreed upon in writing by both parties.
2. Payment Terms
• Fees: You agree to pay us [a flat fee of $X, hourly rate of $Y per hour, or milestone-based payments] as outlined in the SOW or proposal.
• Invoices: We will submit invoices upon completion of milestones or monthly. Payment is due within 1 month of receipt of the invoice.
• Late Payments: Late payments will incur a fee of 10% per month on the outstanding balance unless an exception is made in writing by Kingly Kreators.
• Expenses: You will reimburse us for any pre-approved expenses incurred in performing the Services, supported by receipts.
• Taxes: Each party is responsible for their own taxes arising from these Terms.
• Payment Processing: Payments may be processed through third-party payment providers linked on the Website. You agree to comply with their terms.
3. Intellectual Property Rights
• Ownership: Upon full payment, we grant you a [non-exclusive/exclusive] license to use the deliverables as you see fit. We retain all rights to any pre-existing materials or tools used in the Services.
• Client Materials: You grant us a limited license to use any materials you provide solely for the purpose of performing the Services.
• Infringement: Each party warrants that their contributions do not infringe on third-party intellectual property rights.
• Website Content: All content on the Website, including text, graphics, logos, and software, is owned by us. You may not reproduce, distribute, or create derivative works from Website content without our prior consent.
4. Confidentiality
Both parties agree to keep confidential any proprietary information disclosed during the course of the Services or through use of the Website, including but not limited to business strategies, client lists, and trade secrets. This obligation survives the termination of these Terms for 6 Months.
5. Representations and Warranties
• We represent that the Services will be performed in a professional manner consistent with industry standards.
• You represent that you have the authority to enter into these Terms and provide any necessary materials.
• Specific Restriction on Advertising: We will under no circumstances advertise the sale of alcohol, tobacco, or spirits as part of the Services, on the Website, or in any related activities. Any request from you that violates this restriction will be declined, and may result in immediate termination of these Terms without liability to us.
• Website Use: You warrant that your use of the Website will comply with all applicable laws and will not involve uploading viruses, spam, or any harmful content.
6. Termination
• For Convenience: Either party may terminate these Terms with 1 day written notice.
• For Cause: Either party may terminate immediately if the other breaches a material term and fails to cure within 10 days of notice.
• Effect of Termination: Upon termination, you will pay for all Services rendered up to the termination date. We will deliver any completed work that has been completed up to the termination date.
• Website Access: We reserve the right to suspend or terminate your access to the Website at any time for any reason, including violation of these Terms.
7. Liability and Indemnification
• Limitation of Liability: Neither party shall be liable for indirect, consequential, or punitive damages. Our total liability shall not exceed the fees paid under these Terms. The Website is provided “as is” without warranties of any kind, express or implied.
• Indemnification: Each party agrees to indemnify the other against claims arising from their own breach of these Terms or willful misconduct. You agree to indemnify us for any claims arising from your use of the Website or Services.
8. Independent Contractor Status
We are an independent contractor and not your employee. We are responsible for our own insurance, taxes, and compliance with applicable laws
9. Force Majeure
Neither party shall be liable for delays or failures in performance caused by events beyond their reasonable control, such as natural disasters, wars, pandemics, health, or Website downtime due to technical issues.
10. Entire Agreement
These Terms constitute the entire understanding between the parties and supersede all prior agreements. Amendments must be in writing and agreed upon by both parties. We may update these Terms at any time by posting the revised version on the Website; your continued use constitutes acceptance.
11. Severability
If any provision is held invalid, the remainder of these Terms shall remain in effect.
12. Notices
All notices shall be in writing and delivered via email to [your email] for us. For you, notices will be sent to the email provided during engagement of Services.
13. Denial of Service
Kingly Kreators reserves the right to denial service to anyone of my choosing with no requirement for explanation. This will be based on availability, religious beliefs, and/or nature of service request.
Additional Website Provisions
• Book-formatting: Book Formatting has stricter Terms of use. Please refer to the following link for more details.