Kathleen Murillo - Product Designer | Terms and Conditions

Last updated: February 2023

Kathleen Murillo - Product Designer reserves the right to amend these terms and conditions at any time. These terms have been drawn up principally to protect Kathleen Murillo - Product Designer from bad debts and a compensation culture—we are generally agreeable, understanding and flexible and will be unlikely to strictly enforce all terms and conditions with clients that are also honest, agreeable, understanding and flexible.

Contractual

  1. Having received a brief of requirements from The Client, either verbal or written, Kathleen Murillo - Product Designer will produce a proposal project estimate detailing the work to be carried out. The Client must provide confirmation that the proposal is acceptable by email. This will effectively form the basis of the contract and represents agreement to these terms.
  2. This agreement constitutes the entire agreement between Kathleen Murillo - Product Designer and The Client. In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.
  3. After consent has been given by The Client to any form of a contract Kathleen Murillo - Product Designer requires two weeks written notice to terminate the contract. Equally Kathleen Murillo - Product Designer will give two weeks written notice if terminating the contract.
  4. Kathleen Murillo - Product Designer is EIN registered - EIN is provided upon email request.
  5. It is at the discretion of Kathleen Murillo - Product Designer as to who will carry out the work for The Client, in some cases a suitably qualified subcontractor may be required.
  6. Kathleen Murillo - Product Designer generally works remotely from The Client. At any time the location can be altered at the choosing of Kathleen Murillo - Product Designer, depending on what is required.

Copyright

  1. The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client’s project. The Client shall indemnify Kathleen Murillo - Product Designer against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of the mobile application, website, software, or other project commissioned.
  2. The Client’s logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics produced by Kathleen Murillo - Product Designer remain the intellectual property of Kathleen Murillo - Product Designer until full and final payment has been received.
  3. All preliminary work carried out at The Client’s request, whether experimentally or otherwise, shall be charged to The Client.
  4. Kathleen Murillo - Product Designer withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.
  5. Proofs of all digital, printed work, and mockups of designs may be submitted for The Client’s approval and Kathleen Murillo - Product Designer shall not be liable for errors not corrected by The Client in such proofs. The Client’s alterations and additional proofs necessitated thereby may incur additional charges. When style, type, navigation, animation, functionality or layout is left to the judgment of Kathleen Murillo - Product Designer, changes thereby made by The Client shall be charged as additional charges. No responsibility will be accepted for any errors, including color variations, in proofs approved by The Client.
  6. Any designs presented but not used are held for 3 months’ before Kathleen Murillo - Product Designer is able to sell the design work to another company or companies.

Design/code/UX UI optimization

  1. Kathleen Murillo - Product Designer will produce work-in-progress designs for The Client’s approval. The design copyright of these works shall remain the sole property of Kathleen Murillo - Product Designer until the project is completed. Use of the design/code in any respect without the express written permission of Kathleen Murillo - Product Designer will constitute breach of copyright.
  2. Kathleen Murillo - Product Designer will ensure The Client is aware of the optimization route, the possible results and in a timeframe to which they can be achieved. Results are estimated and not guaranteed. Actual results will be reported through user tests or similar as agreed with The Client.
  3. Kathleen Murillo - Product Designer will complete the design/code after receiving written confirmation that the design/code proof is satisfactory.
  4. Kathleen Murillo - Product Designer will release final designs or code when payment of the final invoice for the outstanding quotation value is received in full.
  5. Once Kathleen Murillo - Product Designer has received written confirmation that the design/code proof is satisfactory, modifications to the design/code specification will be considered an amendment to the contract. All modifications must be confirmed in writing.
  6. Kathleen Murillo - Product Designer assumes The Client has read and understands all points of code functionality as described in either our correspondence, quote, accompanying literature or website.
  7. If for any reason a deliverable needs an extra revision/rework out of scope, then The Client is subject to an additional fee. Up to only one (1) additional round of revision is accepted.

Proposals

  1. Proposals are valid for 30 days from the date of the proposal. All prices quoted may be subject to change without notice after this period.
  2. Once Kathleen Murillo - Product Designer has undertaken a commission for services, a cancellation fee will apply if the contract is terminated through no fault of Kathleen Murillo - Product Designer. This will be determined by the status of the project. If 75% or over is deemed completed an invoice will be levied for the full amount agreed.
  3. Kathleen Murillo - Product Designer will complete the work as agreed in the proposal by any agreed deadline (provided prompt responses from The Client). Exactly when the agreed work is done within that time is chosen by Kathleen Murillo - Product Designer.

Deposits

  1. New clients will be presented with a proforma invoice for the value of the approved quotation.

Payment

  1. Payment is typically due strictly 14 days from the date of invoice. This may be set at 30 days in some cases, with prior agreement.
  2. If a monthly installment scheme has been agreed, either verbally or written constitutes the entire agreement between Kathleen Murillo - Product Designer and The Client and a 50% upfront payment would be required.
  3. Monthly installments should be made on the same day of every month. The full invoice must be paid within 6 months of the first month payment. A Standing Order mandate will be issued.
  4. All projects will require a 50% deposit before work commences.
  5. Failure to settle due/outstanding invoices will mean the debt will be passed on to a third party after 90 days unpaid from date of invoice or 2 months after the 6 month period if on the installment scheme.

Liability

  1. Kathleen Murillo - Product Designer cannot be held liable for any information contained within The Client’s website, software, or mobile application. The content of such remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by Kathleen Murillo - Product Designer caused by the content of The Client’s website, software, or mobile application, or other project and agrees to indemnify Kathleen Murillo - Product Designer for any awards made by a court of law.
  2. No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.
  3. Where in the instance that a time scale / schedule has been given, Kathleen Murillo - Product Designer will not be responsible for any money lost to The Client if the deadline is not met.
  4. Should Kathleen Murillo - Product Designer waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Kathleen Murillo - Product Designer to waive the same clause on any other occasion.
  5. This contract shall be subject to United States Law. Where it is held that Kathleen Murillo - Product Designer is not entitled to rely on any term in this contract, then Kathleen Murillo - Product Designer may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.