Terms &
Conditions
Last updated: July 3, 2024
Please read these terms and conditions carefully before using Our Website.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Georgia, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to TK Consulting and Design, LLC.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to TK Consulting & Design, LLC, accessible from https://www.tkconsultingdesign.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Sever-ability and Waiver
Sever-ability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Project Terms & Conditions
No service can begin without at least a 33.3% non-refundable deposit or full payment. Projects over $750 also require a signed contract. These terms apply to all projects completed by the Agency.
Project Start & Client Cooperation
A project is considered “started” once the signed contract and non-refundable deposit have been received, and the Agency has sent the first official request for information, access, or materials necessary to begin work.
The Agency requests information such as branding assets, copy, images, and login credentials in order to complete projects to the best of its ability. Clients are expected to provide this information promptly to avoid delays or compromised outcomes.
Failure to cooperate or respond in a timely manner will affect the quality and timeline of the project. The Agency is not responsible for incomplete results due to missing, delayed, or insufficient materials or communication from the Client.
If the requested items are not received within 30 calendar days of the initial request, the project may be paused or marked complete at the Agency’s discretion, and the final invoice may become due.
Communication Policy
At TK Consulting & Design™, we believe clear, timely communication is essential to a successful partnership — and that goes both ways. Our team is available Monday through Friday, 8 AM to 6 PM EST, and any messages received after hours will be considered received on the next business day. We aim to respond to all client communications within 1 to 2 business days and expect the same timely responsiveness from our clients so we can keep projects moving smoothly. If you have an urgent concern, please include “URGENT” in the subject line of your email so we can prioritize it accordingly. To help us serve you best and avoid missed details, please direct all project-related communication to your designated account manager and cc accounts@consultingtk.com on all emails. We also ask that you refrain from using social media messages or personal texts for project requests, as centralized communication helps us maintain clarity and track project progress effectively. Please keep in mind that any requests outside the original project scope may require an updated agreement and additional fees.
Design & Editing Process
First Round
The first round of editing begins once:
- The Agency sends the initial draft to the Client.
- The Client reviews the deliverables and provides feedback.
The Client has 5-7 business days to submit all changes via email to the designated Agency contact. This email should include every change needed to finalize the project.
The Agency will complete edits within 7-14 business days of receiving this feedback. If no feedback is received within 5-7 business days, the project will be deemed complete, and the final invoice will be due.
Final Round
The final round of editing begins after the Client receives the second draft.
The Client has 5-7 business days to submit a single email with any additional changes, limited to minor revisions not addressed in the first round. The Agency will complete these edits within 7-14 business days. Failure to provide feedback within the stated timeline will result in the project being marked complete, and the final invoice will become due.
Additional Changes
Changes requested beyond the two included rounds will incur the following fees: Web Design: $350 per hour. Graphic Design: $250 per hour.
Note for retainer clients: Additional revisions beyond the two included rounds are billed at the retainer’s agreed hourly rate, as specified in the executed Scope of Work. The retainer hourly rate supersedes the standard graphic design rate for retainer clients only.
Content Requirements
The Agency is not responsible for writing or editing the provided text unless otherwise specified. Errors made by the Agency will be corrected at no cost.
Photographs/Logos
To ensure high-quality results, all photos, logos, and design elements must be provided in appropriate, high-quality formats. If suitable files cannot be provided, additional costs for sourcing images will be added to the Client’s total.
The Agency reserves the right to reject any design elements deemed unsuitable for the project.
Timelines & Client Responsibilities
Timelines provided by the Agency are estimates based on the assumption that the Client will submit all required content, access credentials, and feedback in a timely manner.
Delays in receiving content (e.g., text, images, brand assets), system access (e.g., domain, hosting, third-party tools), or project feedback will result in an adjusted timeline. The Agency is not responsible for missed deadlines due to the Client’s delay in communication, approvals, or deliverables.
The project timeline will resume only once all outstanding items have been received. If delays exceed 30 calendar days without written communication, the project may be paused or marked complete at the Agency’s discretion.
Payment Terms
Projects requiring more than one hour of service will follow this payment schedule:
- Non-Refundable Deposit: A 33.3% deposit is required to begin work. Timelines are based on timely payment, content submission, and the Client’s communication during the revision process. Any delay in these areas may extend the projected timeline.
- Mid-Point Payment: A 33.3% payment is required after submitting feedback on the first round of changes. Payment must be made within 5 business days of receiving the invoice.
- Remainder Fee: The final 33.3% payment is due upon project approval and prior to releasing files or deliverables.
Retainer Payment Terms
Retainer clients are invoiced on a monthly basis. Payment is due on the 1st of each month unless otherwise specified in the executed Scope of Work. When an engagement begins mid-month, a pro-rated invoice will be issued for the remaining days of that month based on the agreed monthly retainer rate. Subsequent months will be billed at the full monthly retainer amount. The standard deposit and milestone payment schedule does not apply to retainer engagements.
Important: Outstanding balances must be paid in full before starting any new projects.
Late Fees
Invoices not paid within 14 days of the due date will incur a late fee of 2% of the remaining balance, applied monthly. The grace period begins the day after the due date and late fees will not accrue during this period.
Late fees are automatically calculated and applied to overdue invoices unless otherwise agreed in writing. Clients are encouraged to make timely payments to avoid additional charges.
Refunds & Cancellations
- All deposits are non-refundable. By submitting a deposit, the Client secures a time slot and acknowledges the Agency’s commitment of resources to the project.
- If the Client chooses to cancel a project after work has begun, any refunds will be considered at the Agency’s discretion and will be calculated based on the work completed and time invested. Refunds are not guaranteed.
- If the Client does not respond or provide the necessary materials, feedback, or access within 30 calendar days, the project may be marked complete, and no refunds will be issued. The final invoice may also become due.
- Dissatisfaction with creative direction or subjective preferences does not constitute grounds for a refund. Clients are encouraged to review our work and communicate concerns early in the editing process.
- Clients may request a contract termination and refund if the Agency fails to deliver agreed-upon deliverables by the stated deadline, provided that the Client has met all expectations for timely content submission, communication, and approvals.
- If a refund is approved, the agency will request the method of returning the payment.
Disputes & Third-Party Chargebacks
If you are unsatisfied at any point during the process, we encourage you to communicate directly with us so we can explore a resolution that works for both parties. Disputes initiated through third-party vendors (such as your bank or credit card company), whether or not deliverables have been shared, may forfeit your eligibility for a refund through our internal process.
Once a third-party dispute is opened, the resolution is subject to the bank or merchant’s final decision. This also introduces additional fees and delays that could otherwise be avoided by allowing us to process the refund directly. Please note that third-party dispute resolutions can take 30–90 days, depending on the financial institution and their investigation process.
We strongly recommend reaching out to us before beginning a chargeback process.
Returned Checks
A $50 fee applies to any returned checks. The Client is responsible for resolving payment issues within 5 business days. Additional collection or legal fees may apply if enforcement becomes necessary.
Copyrights
Ownership of the final deliverables is contingent upon full payment:
- The Client owns the visual elements created for the project and will receive high-resolution source files. The Agency is not required to retain backups.
- The Agency retains copyright over the design and licenses it to the Client exclusively for this project. This license does not allow resale or redistribution of the design.
- The Agency reserves the right to use the project for portfolio or marketing purposes unless otherwise agreed in writing.
Conduct Policy
Both the Client and the Agency are committed to maintaining a respectful working environment. Misconduct, including harassment, yelling, unfounded accusations, or threats, will not be tolerated.
Three-Strike System First Incident: Misconduct is documented, and both parties discuss resolutions. Second Incident: The offending party is removed from further interactions. Third Incident: The contract is terminated, and any remaining balances or deliverables are forfeited.
Liability Disclaimer
The Agency is not liable for damages, including lost profits or savings. If any provision of this agreement is deemed unenforceable, the remaining terms remain valid.
Failure to Perform
If the Agency cannot deliver agreed-upon specifications, the Client will be refunded the project cost minus any work/time that was already spent on completion of the project.
Consulting Services
Consulting services are final and non-refundable.
Digital Products
All digital product sales are final and non-refundable. Turnaround times depend on the timely receipt of required information and access from the Client.
Retainer Policy
The Agency will provide monthly retainers with meeting time included as outlined in the executed Scope of Work. Starter and Growth retainer clients receive one (1) complimentary hour of meeting time per month. Premium retainer clients (40 hours/month) receive quarterly creative review and planning sessions included within their monthly hours. All retainer engagements include service transparency through monthly reports or updates. Unused hours do not roll over month to month unless otherwise agreed in writing.
Indemnification
The Client agrees to indemnify, defend, and hold harmless TK Consulting & Design LLC, its employees, agents, and subcontractors, from any claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from:
- The Client’s use of the deliverables.
- Content provided by the Client, including but not limited to text, images, or other materials, infringing on the intellectual property rights of a third party.
- Any breach of this agreement by the Client.
Contact Us
If you have any questions, please contact us:
TK Consulting & Design LLC
- (857) 293-0806
- info@tkconsultingdesign.com