Terms and Conditions
Agreement
By using, accessing contents on or purchasing from this Website, you agree to enter into a legally binding Agreement between you (hereinafter referred to as "Client", "You", "Your") and Cool Cat Creative, LLC (hereinafter also referred to as "cool Cat Creative", "Us", "We", "Our"). This Agreement shall supersede any prior verbal or written agreements between Parties, with regard to any transactions related to, or conducted on, this Website.
Terms of Agreement
Design Package Selection
Please choose the Unique Concept and Revisions Options based on how complex you think your Design/Artwork will be, and how selective you tend to be. If additional Revisions/Redraws are requested by Client, past what is included in each Package; these will be accommodated at our Standard Hourly Rates and/or Design Time Packages, unless Client upgrades to a higher Design Package or Package Extension, where such are available. Packages are not downgradeable. While we'll do our best and more, to meet and exceed Client's expectations regarding the Final Artwork/Design, well before reaching Package limits; Cool Cat Creative, LLC shall not make any claims/guarantees as to results achieved within any specific Package's limitations.
Hosting and Domain Services Availability
All of our domain, website hosting and e-mail services are strictly for Websites created, re-created and currently maintained by, or transferred to and maintained by, Cool Cat Creative; and are not available as stand-alone services. All settings/configuration will be managed by Us, and any such actions that are not within the scope of normal setting up/configuring, may incur extra charges.
Rules for Hourly Rates and Billing
Any services or products that get billed at Hourly Rates, are billed in 15-minute increments, at the start of every 15-minute increment; unless Client has purchased, and is using one of our Graphic Design Time or Website Maintenance Packages, in which case time is deducted in 1-minute increments.
Minimum Charge
Any Project not reaching a total billable amount of $60.00 in Products or Services, will be billed at our Standard Minimum Charge of $60.00 per Project, unless the Project is approved by Client to use time from one of our Graphic Design Time or Website Maintenance Packages purchased beforehand, in which case there will be no minimum use required for each instance of use.
Refusal of Service
We reserve the right to refuse service to anyone or to decline any project, at any time, for any reason, at our sole discretion.
Payments Are Non-Refundable
All payments are non-refundable. The only exception is, that Cool Cat Creative may offer, at its sole discretion, a full or partial refund for any reason (including inability or refusal to deliver).
All Sales Are Final
All sales are final; there will be no returns accepted. Please make your selections carefully, and please ask any questions before purchasing any items here.
Unused Deposits and Payments Will Be Forfeited
Any deposits and payments for work, not used within 1 year from date of executing this Contract, due to Client's failure to provide necessary information, approvals or materials; will be forfeited by Client.
Acceptance of Terms
By making any form of payment in any amount for any item contained within, this Website; You acknowledge and represent that 1) You have the full authority to enter into a legally binding Contract on Your/Your Company's behalf, 2) You have read and understood this Agreement and the descriptions for each Item concerned, and 3) You agree to all of the terms and specifications contained within the individual Items and in this Agreement, and are doing so fully on Your own volition; thus entering into a legally binding Contract between You/Your Company ("Client") and Cool Cat Creative, LLC.
Time for Payment
All Invoices are due on or before, the date indicated next to the total amount owed, on each Invoice. A 2% monthly service charge is payable on all past due balances. The grant of any License or Right of Copyright is conditioned on receipt of payment in full.
Payment Required Before Beginning Work
Payment of a 50% deposit of the total amount is required before beginning work, with the exception of any of our Graphic Design Time and Website Maintenance Packages, where payment in full is required before package pricing will take effect and work will be started. With Print and Sign Projects, upon approval of the artwork, We need to receive the balance of the total amount due, before print or sign production will begin. With Website Projects, We need to receive final payment of the total amount due, before the Site or changes to the Site, will be uploaded to their final location. If there are any special expenses in association with this Project; Advance Payment for such, of an agreed upon amount, may be required before beginning work; which will be in addition to the Deposit listed above.
Accepted Forms of Payment
We accept Visa, MasterCard, Discover and American Express cards via this Website or over the phone/fax, checks, cash, money orders and PayPal payments.
Questions Regarding Items
Please take a look at the notes after the individual items, as well as the Terms laid out underneath them, and let us know if you have any questions regarding anything BEFORE making any purchase here.
Estimates
The fees and expenses shown are based on the data available to us and are minimum estimates only. Final fees and expenses may be different, and shall be shown when Invoice is rendered. The Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more.
Changes in Scope of Project
Should there be any changes, requested by the Client; to the Original Scope of Project, as laid out and defined within an itemized Purchase; Client shall be responsible for making any additional payments required for the execution of such changes. However, no additional payment shall be made for changes required to conform to the Original Scope of Project, as laid out and defined within the original itemized Purchase. Client shall be responsible to inform Cool Cat Creative, LLC of any desired changes in Scope of Project as early as possible; in order to minimize unnecessary work by Cool Cat Creative, LLC and resulting extra expenditure for Client.
Default in Payment
Client shall be liable for all collection and/or legal fees necessitated by default in payment.
Expenses
Client shall reimburse Cool Cat Creative, LLC for any expenses arising from Project; including, but mot limited to, the payment of any sales taxes due in association with Project; any travel, accommodations or meal expenses beyond normal cost of doing business at Cool Cat Creative, LLC's normal Place of Operation at the time of occurrence of such expenses; as listed either within the original itemized Purchase, or on the final Invoice if not known at the time of original Purchase.
Cancellation Fee
In the event of cancellation of Project by Client for any reason, Ownership of all Copyrights and the Original Artwork shall be retained by Cool Cat Creative, LLC; and a Cancellation Fee for work performed shall be paid by the Client; which shall be equal to 50% of the contract price if the Project is still in the Initial Sketch Stage, or the full contract price if Project is past the Initial Sketch Stage and in the Final Detail Stage or completed, plus all expenses already incurred.
Ownership and Return of Artwork
Cool Cat Creative, LLC retains all Ownership Rights and Copyrights of all Artwork created, whether preliminary or final, unless expressly stated otherwise within this Contract or in a separate Written and Signed Agreement. Client shall return any Original Artwork to Cool Cat Creative, LLC within 30 days of use, unless indicated otherwise within this Contract or in a separate written Agreement.
Artwork Changes
Client shall offer Cool Cat Creative, LLC the first opportunity to make any changes to Artwork. Client may not make, or have made by Third Party, any changes to Artwork without the express written permission of Cool Cat Creative, LLC.
Credit Lines
Cool Cat Creative, LLC and any other Creator(s) shall receive a Credit Line with each print, on-line or editorial usage (which, with on-line uses, shall contain Hyperlinks to Cool Cat Creative, LLC's and/or the other Creators' designated Websites); unless waived by Cool Cat Creative, LLC or the respective Creator(s). Contents, appearance and placement of Credit Lines (and with on-line uses, also the contents of the Hyperlinks), will be provided by Cool Cat Creative, LLC and approved by Client.
Unauthorized Use
Client shall indemnify Cool Cat Creative, LLC for any and all claims and expenses, including reasonable attorney’s fees; due to uses by Client or 3rd Party on behalf of Client, not expressly authorized by Cool Cat Creative, LLC, in writing, before any such use; or for uses that exceed authority granted by Cool Cat Creative, LLC in writing.
No Warranties
While we make every effort and take meticulous care to meet and exceed our Clients' every requirement, Cool Cat Creative, LLC does not warrant or represent fitness for a specific purpose or merchantability, of any of its products or services. Client indemnifies and holds harmless, Cool Cat Creative, LLC; from any claims arising out of such and/or any consequential damages or loss of business, whether real or imagined.
Severability and Intent
If any of the Terms, Provisions or Definitions within this Contract can not be legally held up or enforced, for whatever reason; this shall not affect the rest of the Contract, which shall remain in full force and effect, as if separate from those parts legally not enforceable; and such unenforceable parts shall then be construed to reflect their original intent to the maximum extent that may be legally held up.
Ownership of Client Materials
Client warrants and represents to Cool Cat Creative, LLC; that Client has sufficient Usage or Ownership Rights to any and all materials provided to Cool Cat Creative, LLC for the completion of, and for use or inclusion in, the Project.
Modifications
Any modifications of this Agreement must be in writing, with the exception that the Invoice(s) may include, and the Client shall pay, any fees or expenses that were authorized orally by Client, or Client's authorized Agent, in order to progress promptly with the work and prevent delay.
Code of Fair Practice
Client and Cool Cat Creative, LLC agree to comply with the provisions of The Code of Fair Practice for the Graphic Communications Industry.
Warranty of Originality
Cool Cat Creative, LLC warrants and represents that, to the best of their knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through Cool Cat Creative, LLC from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Cool Cat Creative, LLC has full authority to make this agreement; and that the work prepared by Cool Cat Creative, LLC does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that Client or others may make of Cool Cat Creative, LLC’s product(s) that may infringe on the rights of others. Client expressly agrees that it will hold Cool Cat Creative, LLC harmless for all liability caused by Client's use of Cool Cat Creative, LLC’s product(s), if such use infringes on the rights of others.
Turnaround Times
Turnaround times shall exclude periods of time where Cool Cat Creative, LLC's performance is pending Client feedback or action (i.e. approvals, revisions or provision of source materials/ information).
Communication of Project-Related Information
The preferred way of exchanging Project-related information shall be in writing, in order to minimize any misunderstandings or confusions, which might lead to unnecessary delays and/or expenses.
Privacy
Cool Cat Creative will not share your data we collect on this Website, with other parties. We will only use the data for conducting business with you in the agreed upon fashion. We may send you information for marketing purposes from time to time, but you may opt out of such at any time.
Limitation of Liability
Client agrees that it shall not hold Cool Cat Creative, LLC or its Agents or Employees liable for any incidental or consequential damages that arise from Cool Cat Creative, LLC’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Cool Cat Creative, LLC or a third party.
Dispute Resolution
Any disputes in excess of $5,000.00 arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Cool Cat Creative, LLC.