


KF Terms & Conditions Agreement
This online solutions (not limited to: web design, graphics, programming, logos etc.) Agreement is entered into with KerstinFossen.com (“Company”) you the (“Customer”). NOW THEREFORE, In consideration of the mutual covenants herein, and intending to be legally bound, the parties agree as follows: Our agreement consists payments to keep the project in a forward motion. Delay in payment will be a delay in project completion.
Scope of Work: See bid for scope of work which corallites with this contract.
Deliverables: A timeline will be mocked up to hit your deadline or completion date. An email with timeframes will be emailed to you.
Payment schedule is as follows. All services once entering work flow are also non refundable, this includes cancelation, abandonment (after 3 months of a project is on HOLD status), and other circumstances which would delay or defer project completion. All sales are final for invoice sum in full. This contract is the agreement of all terms and conditions for the invoices supplied to the ordered product as all products are original orders and therefore due in full from the ordered date regardless of how much work is completed.
*Any work performed outside the scope of work listed below will require an additional change order or be billed at the hourly rate of $95.00/ hr; this includes revisions outside of scope.
Scheduling: The weeks to complete and is greatly influenced by the customer’s ability to provide us with the content, resources and decision-making process. At all PREVIEWS clients’ feedback will be gathered and executed for a new preview thereafter.
FINAL DELIVERABLE: All files once paid in full have ownership of the customer for 100% their desired usage. Kerstin Fossen has the right to display works on her portfolio. At completion it is recommended that you backup your delivered files for future needs & backup purposes.
- TERMS The initial term of this agreement shall be based on the scheduling - This period self deprecates and terminates after twelve (12) months from the booking date. If the customer fails to corporate to complete the above scope within the 1 year term the full amount is due to close the contract and then at this time a new agreement contract can be mocked up.
- AUTHORIZATION. Customer hereby authorizes FOSSLOUNGE LLC or (Kerstin Fossen) to access their web site accounts, card payment processing to complete funding for the project if need be auto charged, and any other logins that customer gives to KF for website / programming as well as email accounts to contact clients for needed communication on project status, updates, or needs.
- PAYMENTS. For all of Company’s services under this Agreement, Customer shall compensate Company a total balance of the invoice non-refundable contract including occasions of cancelation or breach of contract. Your own personal payment plan will be decided by the size of the project. Your card information is stored by a merchant processor NOT by Kerstin Fossen. No payments can be processed personally by Kerstin Fossen yet only processed automatically with stored information (which you the customer has entered) and then will be processed by the merchant (ipayment with FossLounge llc.) which all card numbers and such are unavailable to Kerstin Fossen personally. This is for your privacy and card security.
- AUTHORIZATION: Payments processed are in agreement to (THIS DOCUMENT) the “TERMS & CONDITIONS” which states the agreement you give authorization for final payments and amounts due to keep the timeline of this project moving forward. By making the initial payment it is a recorded signature that you hereby are approving & accepting all terms and conditions (A-H) on the invoiced project. A. All sales are final. B. Late Payments: incur a 5% late fee charge the following day after past due date. The amount in full plus 5% of the projects remaining dues will be auto-charged. C. All work is legally owned by KF until payment in full is paid. D. UN-deposit-able Funds (Bounce / Insufficient Funds) incurs an extra fee of $35.00 which will be added to the current billing.E. Breach in contract : this is an Agreement between Customer and Kerstin Fossen who are liable for damages suffered by either parties with respect to the breach of the obligations and representations both parties have agreed to commit to in connection with this agreement. F. Cancelation / Termination is still subject to PAYMENT in full G. Un - Deposit-able Funds (Bounce / Insufficient Funds): A fee of $35.00 is charged per occurrence. H. Projects on hold for longer than 3 months – balances are due in full and project will continue when ready. This offer deprecates after a total of 12 months which then the project would start as a new unpaid for project.
- INTELLECTUAL PROPERTY. The core technology, software, concepts, layouts, navigational schemes, creative brilliance and artwork engineered by Company used during the course of project remains property of Company. The core technology, software, concepts, layouts, navigational schemes, original graphic design with creative brilliance and artwork engineered by Company belongs to Customer after the term of this agreement and are contingent upon the payment terms of this agreement having been met. This is not to be reused or copied or sold to other parties. All source files will be deemed owned by Customer and shall have the right to obtain any necessary copyrights of the intellectual property. *If payment terms of this agreement and any amended agreements have not been met, Customer may not use any deliverables rendered by Company.
- CONFIDENTIALITY. Each party agrees not to disclose confidential and proprietary information and materials disclosed to it by the other party during the course of this agreement.
- OPEN HOURS. Open Hours are 5 days a week. M-F (9-5 CENTRAL)
Accounting or Payment Detail Questions? Contact Ryan John f05@me.com
Web or Project Questions? Contact Kerstin Fossen directly info@kerstinfossen.com
- ASSIGNMENT. At complete payment – customer owns all rights to the programmed property and can do as he wishes with this product.
- WAIVER. No term or condition of this agreement shall be deemed waived or breached.
- COMPENSATION. In the event Customer fails to make any of the payments referenced by the deadline set forth in any invoice or defaults from this contract by
(A-H) on the invoiced project – you agree to all terms and conditions when “checking” the box on the payment form.A. All sales are final.
B. Late Payments: incur a 5% late fee charge the following day after past due date. The amount in full plus 5% of the projects remaining dues will be auto-charged.
C. All work is legally owned by KF until payment in full is paid.
D. UN-deposit-able Funds (Bounce / Insufficient Funds) incurs an extra fee of $35.00 which will be added to the current billing.
E. Breach in contract : this is an Agreement between Customer and Kerstin Fossen who are liable for damages suffered by either parties with respect to the breach of the obligations and representations both parties have agreed to commit to in connection with this agreement.
F. Cancelation / Termination
G. Un - Deposit-able Funds (Bounce / Insufficient Funds): A fee of $35.00 is charged per occurrence.
H. Projects on hold for longer than 3 months – balances are due in full and project will continue when ready. This offer deprecates after a total of 12 months which then the project would start as a new unpaid for project.
- APPLICABLE LAW. This agreement shall be governed by and construed according to the laws of the State of MN. Any litigation regarding this agreement will be conducted in the courts of, or in the courts located in, the MN State. This contract governs to all 50 states and world wide.
- SEVERABILITY. If any provision of this agreement is held to be void, illegal or unenforceable, such provision shall be severed from this agreement and the other provisions shall remain in full force and effect.
- MODIFICATIONS. Any amendments or modifications to the agreement shall be in writing and signed by authorized representatives of both parties.
- REPRODUCTION. Company has the right to present finished product as part of Company’s portfolio both on-line and in print.
15. ESTIMATED EXPENSES. Company will not be responsible for any additional expenses incurred in as a result of any project. Expenses will need to be paid by the Customer for additional services incurred i.e. materials, stock photos, supplies, delivery, copying, travel etc.
16. LEGAL DISCLAIMER. All of our services are guaranteed to be completed as specified. All work will be completed in a timely and professional manner according to standard industry practices.
17. ALTERATIONS. Any alteration or deviation from the above specifications involving work performed outside the scope of work listed in this agreement will be billed at the hourly rate of $95.00/ hr.
18. DISCLAIMER. Company and Kerstin Fossen expressly disclaim all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Company Incorporated and/or Kerstin Fossen be liable for any incidental, special or consequential damages that result from the use or inability to use the services and/or products provided and any related documentation, even if Company Incorporated and/or Kerstin Fossen has been advised of the possibility of such damages.
