K&K

Terms

& Conditions

SIGNATURE SUITE SERVICE AGREEMENT

1. PURPOSE OF THIS AGREEMENT
This Service Agreement (“Agreement”) establishes the terms under which K&K will provide Signature Suite (“Signature Suite” or the “Service”) to Client. Signature Suite is a focused strategic design sprint intended to translate a Client's existing brand identity into a cohesive visual archive across selected marketing touchpoints. By signing this Agreement electronically, Client acknowledges that Client has reviewed and agreed to these terms. The commercial terms applicable to Client are identified in the Client’s checkout record and kickoff intake.

2. SERVICE TERM
2.1 Effective Date
This Agreement becomes effective when signed by both parties. The parties may have entered into a commercial commitment and Client may have submitted payment before the Service Start Date is coordinated and the Agreement is signed.
2.2 Service Start Date
The three-week Service Term begins on the mutually agreed Service Start Date identified above. The Service Start Date is distinct from the checkout or purchase date.

3. SERVICE TIERS & FEES
3.1 Suite One
Signature Suite One includes $997 total fee, 10 hours maximum production allocation, three-week Service Term, and one selected marketing touchpoint. The total fee is due in full at checkout.
3.2 Suite Two
Signature Suite Two includes $1,997 total fee, 20 hours maximum production allocation, three-week Service Term, and two selected marketing touchpoints. The total fee is due in full at checkout.
3.3 Taxes
Client is responsible for applicable sales, use, excise, or other taxes imposed on Client's purchase or use of the Service, except taxes imposed on K&K's net income. K&K may collect applicable taxes where required by law.

4. SERVICES INCLUDED
Signature Suite services include the strategic foundation (kickoff intake, client dashboard through Notion, and design brief intake), the creative direction (creative direction board, creative direction video walkthrough, and creative direction feedback intake), the design sprint (visual design production within the applicable hour allocation, midway checkpoint video walkthrough, and midway checkpoint feedback intake), the final delivery (final archive delivery through Canva and final archive implementation video walkthrough), asynchronous communication (asynchronous messaging support through WhatsApp and responses to Client messages generally provided by the next business day), and offboarding (offboarding reflection).

5. IMPORTANT LIMITATION ON HOURS & DELIVERABLE QUANTITY
The hours identified above are a hard maximum allocation of K&K's production time, not a guarantee of a particular quantity of deliverables. The number, complexity, and format of final deliverables that can reasonably be completed within the applicable hour allocation will vary according to the Client's needs, existing brand materials, selected touchpoints, complexity, revisions, and other project factors. K&K does not guarantee that a particular number of graphics, pages, slides, emails, templates, files, or other individual assets will be produced. Client understands that limiting revision requests and providing timely, consolidated feedback may allow K&K to complete a greater quantity of final deliverables within the available hours. Once the maximum included hours have been exhausted, an additional payment of $125 per hour of additional work may be provided, given Provider capacity.
6. SELECTED TOUCHPOINTS
Client may select from social graphics, email graphics, slide decks (such as for pitches and presentations), and resource downloads (such as for lead magnets and low-ticket offers) for their provided Signature Suite touchpoints. Suite One includes one selected touchpoint. Suite Two includes two selected touchpoints. Client may alternatively choose to concentrate the Suite Two allocation on one touchpoint rather than selecting two separate categories.

7. ASYNCHRONOUS COMMUNICATION
Signature Suite is intentionally asynchronous. There are no live meetings included in the Service. WhatsApp is the designated communication channel. Client acknowledges that K&K does not routinely monitor email for service communications and therefore should not rely on it. Notion is intended primarily for project organization, documentation, and delivery. It is not a substitute for WhatsApp communication. K&K does not provide emergency response time. K&K's standard response target for WhatsApp messages is the next business day, however Client may send messages at any time. Formal notices under this Agreement must be provided in writing that’s reasonably capable of establishing delivery and should occur in WhatsApp.

8. CLIENT RESPONSIBILITIES & DEADLINES
Client agrees to provide accurate, complete, and timely information, complete required intake forms, provide requested brand materials and context, provide feedback within the deadlines established by K&K, ensure Client-provided materials may lawfully be used, and maintain reliable access to the communication and delivery platforms. Client acknowledges that Signature Suite is a short concentrated engagement and that timely participation is essential. Client acknowledges that K&K's work may depend upon Client's timely completion of specific tasks. If Client fails to meet a deadline upon which K&K's work is contingent, K&K will not be obligated to extend the original Service schedule. K&K may, at its discretion, make an exception and adjust a subsequent delivery date, which does not establish a continuing obligation to extend deadlines. If Client delays the work, K&K may proceed using the information available within the remaining production timeline. As a result, a subsequent delivery may be delayed, reduced, or incomplete relative to what could have been provided had Client met the applicable deadline. Client acknowledges that K&K cannot guarantee the same quality, quantity, or timing of work where Client fails to meet dependencies necessary for K&K's performance. For extensions in the production timeline, Provider’s hourly rate of $125 may apply.

9. REVISIONS & FEEDBACK
Client agrees to provide consolidated, actionable feedback through the designated process. Repeated, fragmented, contradictory, or changing feedback may consume project hours and reduce the quantity of final deliverables completed within the applicable hour allocation.

10. NO GUARANTEE OF RESULTS
Client acknowledges that marketing design involves variables outside K&K's control. K&K does not guarantee or warrant any particular revenue, profit, sales, leads, conversions, audience growth, engagement, campaign performance, customer acquisition, return on investment, business growth, market position, launch outcome, or other financial or commercial results. Any examples, testimonials, case studies, projections, or statements regarding past client results are illustrative only and are not guarantees of future performance.

11. INTELLECTUAL PROPERTY
11.1 K&K Intellectual Property
K&K retains all right, title, and interest in its pre-existing and independently developed intellectual property, including methodologies, frameworks, processes, systems, templates, forms, tools, know-how, concepts, reusable structures, and other materials developed for use across clients or engagements. Client does not acquire ownership of K&K's underlying methods merely because those methods are used to create Client work.
11.2 Client-Specific Deliverables
Upon full payment, Client receives the right to use final Client-specific deliverables created under this Agreement for Client's own business and marketing purposes. Where legally transferable, K&K assigns to Client its rights in Client-specific work upon full payment.
11.3 Client Materials
Client retains ownership of materials it provides to Provider. Client grants Provider a non-exclusive, worldwide, royalty-free license to use completed work created for Client, Client’s publicly available brand materials, and Client results or outcomes arising from the Services for Provider’s portfolio and marketing purposes, provided that such use occurs only after the applicable work or results have been publicly disclosed by Client. Provider will not use Client’s confidential or non-public business information for marketing purposes.

12. CONFIDENTIALITY
Each party agrees to protect the other party's Confidential Information and not disclose or use it except as reasonably necessary to perform or receive the Services or as required by law. Confidential Information includes non-public business information, strategic plans, financial information, customer information, unpublished creative work, proprietary processes, credentials, and other information that a reasonable person would understand to be confidential.

13. CANCELLATION & TERMINATION
13.1 Provider Termination
K&K may terminate this Agreement if Client materially breaches its obligations and fails to cure the breach within a reasonable period where cure is reasonably possible. K&K may terminate immediately where Client engages in unlawful conduct, abusive conduct, harassment, threats, or conduct that materially interferes with K&K's ability to provide the Service.
13.2 Provider Inability to Complete
If K&K terminates because K&K is unable to complete the engagement for reasons unrelated to Client's breach, K&K will refund any prepaid amount attributable to Services that have not yet been provided.
13.3 No Refunds
Except where expressly required by applicable law or provided elsewhere in this Agreement, payments are non-refundable. Client acknowledges that Signature Suite consists of customized professional services, reserved professional capacity, creative work, and intangible deliverables that cannot be returned in the manner of a physical product. Cancellation does not create a right to a refund and does not eliminate Client's payment obligations under the Agreement. Nothing in this section limits rights that cannot lawfully be waived.

14. SUSPENSION
K&K may suspend Service delivery if payment is overdue, Client fails to provide necessary information or access, Client repeatedly fails to meet material deadlines, Client's conduct materially interferes with the Service, or suspension is reasonably necessary to protect K&K's systems, intellectual property, or legal interests. Suspension does not automatically terminate Client's payment obligations.

15. DESIGN ASSETS & THIRD-PARTY MATERIALS
K&K may incorporate client-provided materials, original design work, free fonts, free stock imagery, and other third-party materials if appropriate. K&K does not guarantee perpetual availability or continued licensing of third-party materials. Where third-party materials are used, Client is responsible for complying with the applicable third-party license terms after delivery.

16. CANVA
Client acknowledges that Signature Suite deliverables may be created and delivered through Canva. Client's use of Canva and Canva-created or Canva-hosted materials is subject to Canva's applicable terms of service, licensing rules, ownership provisions, and other applicable policies. Nothing in this Agreement transfers ownership of Canva's proprietary technology, platform, templates, elements, stock content, or other Canva-owned materials to Client. Where a deliverable incorporates Canva-owned content, Client receives only the rights available under the applicable Canva license. Client is responsible for maintaining its own Canva account and complying with Canva's terms applicable to Client's use of delivered materials.

17. PROFESSIONAL RELATIONSHIP
K&K is an independent contractor. Nothing in this Agreement creates an employment relationship, partnership, joint venture, fiduciary relationship, or agency relationship between K&K and Client. K&K retains control over the means by which the Services are performed.

18. THIRD-PARTY TECHNOLOGY
K&K may use third-party services including WhatsApp, Notion, Canva, payment processors, cloud storage, and other technology. K&K is not responsible for outages, policy changes, security incidents, data loss, or other failures attributable to third-party services outside K&K's reasonable control. Client is responsible for maintaining the equipment, software, internet connection, and accounts reasonably necessary to participate in the Service.

19. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, K&K and its owners, contractors, agents, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost opportunities, lost data, or business interruption arising from or related to this Agreement. To the maximum extent permitted by law, K&K's aggregate liability arising out of or relating to this Agreement will not exceed the total amount actually paid by Client to K&K under this Agreement. Nothing in this Agreement limits liability to the extent such limitation is prohibited by applicable law.

20. CLIENT INDEMNIFICATION
To the maximum extent permitted by law, Client agrees to defend, indemnify, and hold harmless K&K and its owners, contractors, agents, and representatives from third-party claims, damages, liabilities, costs, and reasonable expenses arising from Client's unlawful use of the Services, Client's breach of this Agreement, Client-provided materials that infringe a third party's rights, or Client's implementation or use of K&K's recommendations in violation of law. This provision does not require Client to indemnify K&K for K&K's own unlawful conduct or liability.

21. DISPUTE RESOLUTION
The parties agree to make a good-faith effort to resolve a dispute through direct communication. Either party may request voluntary mediation after good-faith negotiation has failed. Mediation is not a waiver of either party's right to seek judicial relief. Nothing in this Section prevents K&K from seeking temporary, preliminary, injunctive, collection, or other urgent relief where necessary to protect its rights.

22. GOVERNING LAW & VENUE
This Agreement is governed by laws of the State of Washington, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise. The parties consent to the jurisdiction of the state and federal courts located in Washington State for disputes arising from or relating to this Agreement, subject to applicable jurisdictional requirements.

23. FORCE MAJEURE
Neither party will be responsible for failure or delay in performing obligations caused by circumstances beyond reasonable control, including natural disasters, governmental actions, widespread technology failures, war, civil unrest, public emergencies, or other extraordinary events. The affected party will provide reasonable notice. Force majeure does not automatically eliminate payment obligations for Services already performed or amounts otherwise accrued.

24. WAIVER
Failure to enforce any provision of this Agreement does not constitute a waiver of future enforcement of that provision or any other provision.

25. ENTIRE AGREEMENT
This Agreement, together with the applicable checkout/order record and any written addenda expressly incorporated into it, constitutes the entire agreement between the parties concerning Signature Suite. It supersedes prior discussions, proposals, or representations concerning the same subject matter, except for representations expressly incorporated into this Agreement.

26. AMENDMENTS
Any material amendment to this Agreement must be in writing and accepted by both parties.
K&K may update its public service agreement for future clients, which will not retroactively modify an executed Agreement unless Client expressly agrees to the modification.

27. ELECTRONIC SIGNATURES
The parties agree that electronic signatures, electronic records, and electronic acceptance have the same legal effect as handwritten signatures to the extent permitted by applicable law. The parties consent to conduct this transaction electronically.

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