K Marketing CO. LLC Terms and Conditions

Scope of Services.  Client has engaged KMC to design and/or market design work across platforms listed in invoice (“Client Work”). Client and KMC understand and agree the following terms and conditions shall govern the relationship between the parties and shall apply to all products and services used to develop the Client Work. The scope of services provided to Client by KMC may include, but is not limited to, custom design work, content creation, logo design, digital marketing services, social media, ads, print marketing services, consulting services, web and email hosting services, as such services are identified on the Project Invoice, both current and future.

Communication. Client has designated a singular point person as the point of contact for all interactions and communications between Client and KMC (“Client Contact”). Client understands that KMC will not review or respond to communications from anyone other than the Client Contact. Client Contact can only be changed in writing with the approval of both parties. 

Project Cost.  Client agrees to pay to KMC the total cost identified as project costs on the Project Invoice (“Project Costs”). The pricing specified in the Project Quote is valid for a period of thirty (30) days. KMC reserves the right to alter the Project Quote or decline to provide the relevant services after thirty (30) days.

Payment of Project Quote.  To secure KMC’s services and time, and to kick-off the development of Client Design and Marketing, Client agrees to pay the Project Costs on the following payment schedule:

1. ​A non-refundable payment as outlined on the invoice due on the date(s) listed on the invoice. KMC will not provide any services to Client until the Project Invoice has been paid. The payment of the Project Invoice and the return of the initial client deliverables (“Client Homework”) will initiate the scheduling of a Project Queue.

2. Any additional non-refundable invoices will be issued throughout the project as outlined in the payment schedule. Invoices will include a due date. Nonpayment by due date will pause the project and late fee of $50 per week will be applied to overdue invoices. Failure to pay overdue invoices within 90 days will result in cancellation of the project and KMC will be released from any responsibility to provide any client deliverables.

Subscriptions and Renewals. KMC shall develop Client’s design/marketing work utilizing multiple platforms. Client understands that some platforms require hosting to be secured and maintained within the platform. In these instances, Client will be responsible for setting up and making payments on Client’s credit card. The renewal of any subscriptions obtained by KMC is the Client’s responsibility. The loss, cancellation or otherwise, of the service, subscription, or other issue brought about by non or late payment due upon renewal is Client’s sole responsibility and not the responsibility of KMC. Transferring ownership of hosting from KMC to client, when possible, can be done at an additional cost.

Approval of Design Work/Marketing. KMC shall develop design/marketing work for Client based upon the invoice and client-provided input. Client will confirm KMC  has accurately captured the scope of work, as noted in the client invoice and pre-design/marketing, before design work is completed. Any changes or additions to the design/marketing work are not part of this Agreement and Client understands that any such changes or additions to the Project Framework will incur separate charges, at KMC’s hourly rate. Furthermore, when terms such as, but not limited to, “pull information from our website” are utilized by the Client, Client agrees to be billed for additional time required to correct any potential inaccurate or incorrect information from Client provided source(s).

1. ​All design/print work requires final approval by the client before ordering. Any spacing/layout/coloring/pixelation/typos on approved design work is not considered a defect. KMC is not responsible for the cost of reprinting.

2. KMC is not responsible for any spacing/layout/coloring/pixelation/typos on client provided print-only work.

Project Content

1. Copy.  KMC’s development of Client’s design/marketing/printwork does not include creating content, known as copy, and/or grammatical editing, to be included within the Project Framework. Client is solely responsible for providing the copy and/or grammatical editing that will be added to the Project Framework to KMC, unless noted specifically on the Client Invoice (“Client Copy” and/or “Grammatical Editing”). Client shall be solely responsible for reviewing and proof-reading the Client Copy, and understands that KMC will not review or edit Client Copy. Client shall electronically deliver Client Copy to KMC before the design/marketing/printwork execution will begin as written in this Agreement.  Client Copy must be delivered to KMC as a text-based document, such as in a Google Doc or a Microsoft Word document, and must clearly identify the page and section upon which the Client Content shall be placed. “Grammatical Editing” and “Content Editing” can be added to all projects, prior to printing/publishing, at the client’s request at KMC’s billable hourly rate. KMC uses multiple AI features to assist in copy creation and partnership with the Client is needed to create the best possible copy, pairing KMC knowhow, AI assistance, and the Client’s knowledge of the subject matter.​​

2. Graphics. KMC’s development of Client’s project does not include creating custom graphics, logos, photographs, or other images to be included in the Project Framework. Client is solely responsible for providing all graphics, logos, photographs, and other images that will be added to the Project Framework to KMC, unless a separate written agreement has been executed regarding such images (“Client Graphics”). Client shall be solely responsible for reviewing and proof-reading. Client acknowledges that they are legally allowed to use any graphics or photographs given to KMC for project work. Graphics and understands that KMC will not review or edit the Client Graphics. Client Graphics must be provided, in full, before the design/marketing/printwork process will begin as written in this Agreement. A physical copy of Client Graphics must be provided in high quality print suitable for scanning, or electronically in .gif, .jpeg, or.png format. KMC is not liable for pixelated printwork due to low resolution images provided to them. KMC will select on-brand stock images, graphics, and elements that they have the license to use during Client’s design process as needed.

Client Deliverables.  Client understands and agrees that KMC’s ability to perform its obligations under this Agreement is dependent upon Client’s full and timely cooperation. Client agrees to respond to KMC’s requests for information within five (5) business days of any such request. Client agrees that the failure to respond to KMC’s requests for information within five (5) business days will delay the production of Client’s Project. KMC shall have the right to terminate this Agreement, without the refund of monies paid or requirement to issue client deliverables, if Client fails to respond to requests for information within sixty (60) business days.

Vision Casting Call. Upon payment of the Client Project and the return of the initial client deliverables identified in the Project Quote, KMC will schedule a Vision Casting Call to review initial client deliverables for consistency with the Project Framework, and discuss the design and style of the Client Project. If additional information is needed from Client, KMC will identify the information needed, and the deadline for providing such information, sometimes referred to as “Additional Client Homework”, during communication with Client, officially known as “Supplemental Client Deliverables”. Client understands that KMC will not perform any further work until the Supplemental Client Deliverables are paid for and/or provided by Client, and that failure to complete such actions in a timely manner will delay the production of Client’s Project.

Design Phase Review

1. ​KMC will present a first draft of the Client Project to Client. Beginning on the first day after the date of the first draft delivery, Client shall have a period of five (5) days to review the appearance and content of Client Project to ensure that it conforms with the Project Framework and proper placement of Client Copy and Client Graphics, as such materials were provided to KMC (“Design Phase Review”). If Client Project does not conform to the Project Framework, or if the placement of Client Copy or Client Graphics is not consistent with what was provided to KMC, Client shall submit a single list of consistency corrections to KMC during the Design Phase Review. If Client has not submitted a list of consistency corrections to KMC before the end of the Design Phase Review, Client Project will be deemed to be accepted and approved.

2. KMC shall review and implement the single list of consistency corrections submitted by Client before the end of the Design Phase Review within five (5) business days of receipt, if such list is submitted, and shall provide a revised draft of Client Project to Client. Beginning on the first day after the revised draft is provided to Client, Client shall have a period of five (5) business days to review the appearance and content of Client Project to ensure it conforms with the framework and proper placement of Client Copy and Client Graphics, as such materials were provided to KMC (“Supplemental Design Phase Review”). If Client Project does not conform to the Project Framework, or if the placement of Client Copy or Client Graphics is not consistent with what was provided to KMC, Client shall submit a single list of consistency corrections to Client during the Supplemental Design Phase Review. If Client has not submitted a list of consistency corrections to KMC before the end of the Supplemental Design Phase Review, Client Project will be deemed to be accepted and approved. This timeline may be adjusted under the following conditions:

   1. Client approves the printings of the design work.  This supersedes the above timeline, as the work was approved in writing, before printing.​

Changes to Scope. Client understands that any changes or additions to the Project Framework, or changes to the Client Content or Client Graphics, are not part of this Agreement, and any such changes or additions will incur separate charges at KMC’s hourly rate. KMC shall only be obligated to perform services as outlined in Client Invoice; no additional services or services outside original scope of work shall be provided unless they have been mutually agreed upon. Any and all changes to client submitted copy or images will fall under a change order.

Design Options. Client understands that they are providing basic branding, colors, and elements in which they would like the core feel of the project to include during the vision casting call and/or determined during the “Onboarding” process. KMC will utilize that information to complete the project. Requests for revisions to design elements, graphic choice, color preferences, layout, style, wording, etc, will be billed at KMC’s hourly rate; these are not considered “consistency corrections”.

Design Ownership. All rights including, without limitation, copyrights, trade secret and design patent, to any KMC design work including, without limitation, designs, logos, digital creations, pattern, advertising or promotional materials, or any other design created by KMC will remain the property of KMC. Client Design work will be digitally delivered to the Client. Finished work may be used by the Client in the matter it was intended for. Additional versions of Client Work can be obtained as an additional fee, based upon availability. Editable versions of any design work are not included in this agreement, unless specifically outlined on the Client Invoice.

Social Media/Online/Ad/Google Accounts.

1. ​Client agrees to allow admin and/or editor access to KMC under the Facebook Account “Megan Kalbach KMC” for the sole purpose of uploading and posting Client Approved content and/or ads to Client’s social media account.

2. KMC will not respond to comments, messages, reviews, etc. on the client’s account. This is the sole responsibility of the client, unless outlined in the Client Invoice. Client is solely responsible for any and all social media accounts.

3. KMC is not liable for the removal, deletion, corruption, hacking, or any other issue with Client’s social media/online/ad/google accounts.

4. Social Media/Online/Ad/Google work is outlined in the Client Invoice and in this agreement. These services do not include troubleshooting glitches/errors on a given platform or account, maintaining bio information or links attached to accounts, linking other accounts, etc. unless otherwise noted on Client invoice.

5. Work will include either:

   1. ​KMC created post captions not to exceed (250) characters, (10) hashtags and (1) link.

   2. Client provided copy, see section 7.A

Monthly Recurring Accounts.

1. ​Marketing Management Client agrees to an enrollment period of  (12) consecutive months for Mini Marketing Management Packages or (6) consecutive months for Marketing Management Packages, billed monthly.  Sixty (60) day notice is required to cancel at the end of the Client's enrollment period or a two (2) month early cancellation fee will be applied. Rate for service may be adjusted at the end of Client’s enrollment period, and confirmed by Client before the next billing cycle. Invoices not paid within five (5) days of monthly billing due date will receive a $25 late fee per week, in addition to services being paused, until payment is received. If payment is not received within thirty (30) days, the contract will be terminated and a four (4) month early termination fee will be applied, in addition to any late fees incurred from delinquent payment. This termination fee, as well as any late fees incurred from delinquent payment will continue to incur a $25 weekly late fee until paid in full.

2. Monthly Timeline:

   1. ​By the 5th of each month: A monthly report will be submitted outlining items completed, time used, relevant reports, and approval or information needed from the Client. Management Management Accounts by request reports weekly or bi-weekly vrs monthly.

   2. At any point, the Client can schedule a virtual meeting, phone call or in-KMC-office appointment to review your account, collaborate, brainstorm ideas, troubleshoot, etc. These meetings and all email communication will be considered management time used against your management hours. If travel is required, travel time will also be applied to management hours.

   3. By the 20th of each month, any monthly designs, email marketing, drip campaigns, or such content will be sent to the Client approval, as listed in this agreement. Client will have five (5) days to provide a list of any edits, if any. If no response is received within five (5) days of request, KMC will assume approval and the project will move to the Scheduler. Any consistency corrections given to the designer after the five (5) day period may require additional management time taken to reschedule any content that was already scheduled.

   4. By the 30th of each month: Scheduler will schedule all approved (see above) projects for the following month.

   5. Revisions to all work falls under the management time and may delay the scheduling of Client’s posts for the following month.

   6. Within a management contract monthly hours allotment may flow between months, depending on scope of work needs during a given month. If a client is out of hours for a given month, the Client may purchase add-on hours at KMC’s hourly rate. KMC will roll over any unused hours on the Client’s account, as long as the client is in good standing within their contract period