General Terms & Conditions
PAYMENT. Payment shall be made to Beyond Kreative Solutions, Kenya Commercial Bank(KCB), KENCOM House Branch, Ac No. 1166530957. The agreed amount shall be paid in (full) or commitment of 50% down payment and balance on delivery unless a credit application has been approved by our account department. Account holders will have 14 working days credit terms from the date of invoice.
PAYMENT MODE. Can be paid in Cash, Cheque, Transfer, Direct Deposit or M-pesa Transfer 0723-433 697. Payment Discount terms (TBA) if the total bill is paid within 1 working day(s). If invoice is not paid when due, interest will be added to and payable on all overdue amounts at 5% percent per quarter, or the maximum percentage allowed under applicable laws, whichever is less. Service Recipient shall bear all costs of collection, including without limitation, reasonable third party charges.
In addition to any other right as provided by law, if Service Recipient fails to pay for the services when due, Beyond Kreative has the option to treat such failure to pay as a material breach of this business engagement, and will seek legal remedies.
ADDITIONAL EDITING AND CHANGES. Any requested changes to the description of services stated herein shall constitute additional editing and may incur additional charges or fees as deemed necessary by Beyond Kreative. All additional changes must be submitted and approved by both parties in writing by approval contract change form.
TERM. This quote will automatically expire after 30 days and will be subject to change at Beyond Kreative’s discretion WORK PRODUCT OWNERSHIP. Any copyright-able works, ideas, discoveries, inventions, patents, products, or either information (collectively the “Work Product”) developed in whole or in part by Beyond Kreative in connection with the services will be the exclusive property of Beyond Kreative, upon request, Beyond Kreative will execute all documents necessary to confirm or perform the exclusive ownership of Service Recipient to the Work Product.
REPRODUCTION OF PRODUCT. Upon successful completion of all compensation terms and outstanding balances owed to Beyond Kreative, Recipient is granted full and unlimited reproduction rights to the Project. Beyond Kreative retains the right to reproduce the Project in any form for marketing future publications, competitions or other promotional uses. Service Recipient may not reproduce or otherwise us design mock-ups, drafts, sketches etc. created by designer during work on Projects but not included into the final version of the Project. Such artworks belongs solely to Beyond Kreative who may use it at our own discretion.
CONFIDENTIALITY. Service Recipient, and their employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of proprietary to Beyond Kreative, Service Recipient and their employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the completion of this project.
Upon completion of this project, Service Recipient will return to Beyond Kreative all records, notes, documentation and other items that were used, created, or controlled by Beyond Kreative during the term of this agreement.
INDEMINIFICATION. Service Recipient agrees to indemnify and hold Beyond Kreative harmless from all claims, losses, expenses, fees including legal fees, costs, and judgements that may be asserted against Beyond Kreative that result from the acts of omissions of Service Recipient and/or Service Recipients’s employees, agents, or representatives.
WARRANTY. Beyond Kreative shall provide their services and meet their obligations under this agreement in a timely and workman-like manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Kreative community and region, and will provide a standard of care equal to, or superior to, care used by Beyond Kreative on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this agreement:
- The failure to make required payment when due.
- The insolvency or bankruptcy of either party
- The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
- The failure to make available or deliver the services in the time and manner provided for in this agreement.
REMEDIES. In addition to any and all other rights a party may have available according to law, if any party defaults by failing to substantially perform an provision, term or conditions of this agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the agreement by providing written notice to he defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30, Thirty Days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this agreement.