These Design Terms establish the terms under which Kustom By Kris will perform your custom design project. The general Kustom By Kris Terms of Use, available at http://terms.kustombykris.com , are incorporated by reference into and made a part of these Design Terms of Use, except to the limited extent that the general Kustom By Kris Terms of Use are expressly modified below.

By requesting a custom design project from Kustom By Kris, you agree to be bound by these Design Terms. Please read them, and the general Kustom By Kris Terms of Use incorporated herein, carefully. If you do not wish to be bound by the Terms of Use, Kustom By Kris will not be able to perform custom design services for you.

Terms Applicable to All Kustom By Kris Custom Design Services

1. General Terms Applicable to Kustom By Kris Custom Design Services

a. If you are requesting a custom design project on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use.

b. If you provide Kustom By Kris with any text, images, designs, or other content for incorporation into your custom design project, you unconditionally guarantee that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that your use will not infringe any trademark, copyright, or other right of any other party.

c. The designs and/or written copy (collectively, "Designs") prepared by Kustom By Kris for you as part of your custom design project may have similarities to Designs prepared by Kustom By Kris for other parties. You are obtaining no right or claim of any kind to any individual Design element or elements provided by Kustom By Kris and Kustom By Kris reserves the right to use the same or similar Design elements in other custom design projects or otherwise for other parties in the future. Except for the specific custom design project content provided to Kustom By Kris by you, all rights in all custom design work, including without limitation both final Designs and all interim and draft Designs, are retained by Kustom By Kris. Your right to use any Designs prepared by Kustom By Kris for you is limited to the finished digital or printed products in the form they are supplied to you by Kustom By Kris. You may not copy, disassemble, modify, or transfer any such Designs.

d. Kustom By Kris reserves the right, in Kustom By Kris' sole discretion, to refuse to accept any custom design project or to terminate any custom design project prior to completion at any time and for any reason. You agree that Kustom By Kris shall have no liability of any kind to you or to any third party arising from such refusal or termination. In the event of a termination of services, all debts owed to Kustom By Kris must be paid in full within two weeks otherwise further action will be taken to settle the debt.

e. Kustom By Kris reserves the right to make changes to these Design Terms and to the products and services offered by Kustom By Kris at any time without prior notice. You should review these Design Terms, and the incorporated Kustom By Kris Terms of Use, each time you plan to submit or request custom design services.

f. Kustom By Kris reserves the right to use any Designs and/or your finished custom design products as sample work for advertising and promotional purposes and for internal purposes.

g. All inquiries and disputes must be submitted via support ticket from your Kustom By Kris account.

2. Terms Applicable to Delivery of Designs and Pre-Paid Fees

a. All pre-paid fees must be received and cleared by Kustom By Kris before any services will begin. Failure to provide payment of pre-pad fees will result in no services being provided. Refer to the service and/or product details for specific information and terms surrounding pre-paid fees.

b. Payment for any and all custom design services for to be provided by Kustom By Kris is due in advance of any work by Kustom By Kris. Alternative arrangements and/or agreements will be outlined in a contractual agreement to be upheld by all parties involved.

c. Initial design concepts are expected to be delivered to you within 10 business days of your initial order provided all content and information needed from you is completed and received. Your Designs will be delivered in web preview format by email. If the email address you provide is not valid or is filtered by your email system, Kustom By Kris will not be liable for any missed deadlines and will not refund clients for this reason.

d. Other fees may apply for Image Processing, Multiple varieties of the same document, File Conversion, and Revisions beyond the number, if any, provided with the initial fee.

3. Payment for Custom Design Services

a. Payment for any custom design services is to be paid to Kustom By Kris with PayPal, check, or money order no later than the due date indicated on the invoice.

b. A detailed invoice will be available for you to view and print in your Kustom By Kris account from the start of custom design services. Kustom By Kris does not send a digital or hard copy of the invoice to you. It is your responsibility to save a copy or print your invoice for your own records. Kustom By Kris may send an email reminder when your balance is due, but makes no promises nor implies that you will receive any such reminder or notice.

c. Payments are considered overdue on the fifth day after the due date and a 15% fee will be added to your bill. An additional 15% fee will be added to the bill one month from the fifth day after the due date for every month that the bill is unpaid. If the balance remains unpaid for one month or more, it may be turned over to a collection agency for assistance in collecting payment.

4. Acceptance and Cancellation

a. Projects may be cancelled within 10 days of the initial Designs being completed by Kustom By Kris. If you do not cancel your custom design project within such 10-day period, you will be deemed to have accepted such Designs, and all amounts paid or payable by you for the custom design project will be nonrefundable.

5. Additional Customer Requirements

a. You must be 18 Years old or older to purchase a custom design project and utilize any Kustom By Kris services.

b. It is your responsibility to provide images, or other content if needed to complete the project. You must contact Kustom By Kris with any changes, updates, or enhancements to the project you are requesting starting from date of sale.

c. You must call Kustom By Kris at the phone number available in your Kustom By Kris account for any requests to cancel services.

6. Damages and Liabilities

a. Kustom By Kris disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the product Designs and any information available on it, and the delay or inability to use the Kustom By Kris site or any information, even if Kustom By Kris has been advised of the possibility of such damages.

b. All delivery times are estimates only, and Kustom By Kris is not responsible for any late projects or products and/or impact to Customer's business due to a late project and/or printing. Kustom By Kris advises that Customers plan at least one month for any custom design project and associated printing and shipping time.

Terms Applicable to Logo Design Services

If your custom design project involves the development of a logo design, you acknowledge and agree to the following:

a. Kustom By Kris is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney regarding whether the logo is legally available for your use and does not infringe the rights of another party.

b. Kustom By Kris does not guarantee that your logo will not have similarities to logos designed by Kustom By Kris for other parties. You are obtaining no right or claim of any kind to any individual design element or elements of the logo apart from your logo as a whole and Kustom By Kris reserves the right to use one or more of the design elements in other logo design projects for other parties in the future.

c. Upon payment in full of all design fees owed to Kustom By Kris, Kustom By Kris will make the logo image artwork available to you for your royalty-free use. The logo artwork will be made available to you in a mutually agreed format. Kustom By Kris reserves the right to display the logo in Kustom By Kris advertising, promotional, and corporate materials related to its logo design services.

d. Re-design of a completed logo will be charged at the regular rate as indicated.

Terms Applicable to High Resolution Image Creation Services

If your custom design project involves the creation and delivery to you of a higher resolution version of a lower resolution image uploaded or otherwise provided by you, you acknowledge and agree to the following:

a. You unconditionally represent and warrant that you have all appropriate and necessary right and authority to create and use a higher resolution image version of the image you provide to Kustom By Kris and that your use of the higher resolution image will not infringe any trademark, copyright, or other right of any other party.

b. Upon payment in full of all design fees owed to Kustom By Kris, Kustom By Kris will make available the higher resolution image artwork to you for your royalty-free use. The image artwork will be made available to you in a mutually agreed format.

c. Kustom By Kris will only provide high resolution images to you if arranged in the agreement of services prior to beginning the custom design project. Kustom By Kris does not automatically give customers the high resolution version of custom design projects.

Terms Applicable to Custom Website Design & Maintenance

1. Webmaster Services

a. Webmaster services are not included in website design services. Customers must make arrangements based on available packages and provide payment to Kustom By Kris in accordance with the package chosen.

b. Access to all administrative areas of the website is required. All changes to said website must be submitted to Kustom By Kris via email based on the frequency allowed in chosen webmaster package. Updates/changes to the website are applied and fees are billed immediately following performance of updates/changes. Addition of new elements, dynamic effects, graphics, or any other service that can be considered new content to your website are charged based on current pricing.

c. Kustom By Kris reserves the right to end webmaster services at any time. Payment for any outstanding fees is due upon cancellation of services. All agreements become void upon cancellation of webmaster services and further alterations to the website will be charged as indicated. Any changes to the webmaster services as agreed on will be posted in your Kustom By Kris account. Webmaster services and fees are subject to change at any time.

d. When utilizing Kustom By Kris webmaster services, each webpage may be marked with "For questions/comments regarding this website contact Kustom By Kris" with a link to the Kustom By Kris contact webpage. You must inquire as to whether your website is approved to utilize this option.

2. Website Content

a. Kustom By Kris reserves the unconditional right to refuse to add any content in particular or in general to any website at Kustom By Kris' sole discretion.

b. Kustom By Kris is not responsible for the website , its content, or the end use of the website during or after custom website services.

c. Kustom By Kris has no editorial control over third party content. Any opinions, advice, services, offers, other information, or content available from third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of any Kustom By Kris personnel. The content available through the website represents the opinions and judgments of the respective information provider or user. Kustom By Kris neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the website by anyone other than authorized employees or spokespersons while acting in their official capacities.

d. Kustom By Kris reserves the right, but not the obligation, to monitor the content of the website, to determine compliance with these conditions of use and any operating rules established by and to satisfy any law, regulation or authorized government request. Kustom By Kris has the right at its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, Kustom By Kris has the right to remove any material that, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Kustom By Kris has the right to alter, correct, or change within reason any material submitted for addition of the website during construction and webmaster maintenance in an effort to better the website and/or improve its usability.

3. Advertisements, Banners, and Promotions

a. Every website designed by Kustom By Kris is marked with a text link to kustombykris.com on each page designed by Kustom By Kris, which must remain in-tact so long as the website is online and containing any design services or products from Kustom By Kris whether said services are visible or not. Information about websites Kustom By Kris constructs/customizes may also be added to any Kustom By Kris owned websites on various webpages.

b. Kustom By Kris reserves the right to display images from the website, images created for the website, and any other information about the website in Kustom By Kris advertising, promotional, and corporate materials related to its website design services.

4. Additional Website Design Conditions

a. Services offered and prices are subject to change at any time without notice.

b. All charges incurred are for the design, construction, and programming of the website. This also includes time spent on research, graphics design and creation, meetings with website owner(s) and others associated with the construction of the website. Additional charges may be applied for exceptional time spent on any aspect of the project. Charges do not cover website hosting, script creation, or the use of any other website/online/Internet/human element.

c. Addition of graphics to the website can include graphics submitted by you and/or graphics created by Kustom By Kris. Copyrighted material is not allowed unless you have received written consent for use from the person who created the graphics. All graphics designed and/or re-designed for the website are charged additionally as indicated.

d. For packages with prices based on page creation, you will be billed on your regularly scheduled billing date for all pages constructed during the billing cycle, regardless of changes left to be made, or requests made by the website owner that have been submitted without time to apply the changes before the billing date. Webpages will be constructed based on your description to the best of my ability, but I do not guarantee a complete replica of your vision. After initial complete construction of each webpage you may submit changes that you would like one time. Excessive changes will be charged at $20 per hour. This includes re-writing of more than 50% of the text on a single webpage or overall, re-arranging of elements, and any other changes to the contents of the website that are considered to be excessive. Access to all administrative areas for Kustom By Kris of the website is required.