Terms of Service Agreement for Konstant Kreative Plans

As of December 2023

1. Acceptance of Terms

By using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You affirm that you are of legal age to enter into this agreement.

 

2. Definitions of Terms

  • Plan: The defined amount of active creative requests at a time, average turnaround time, and scope of creative team capabilities associated with the purchase agreement.
  • Campaign / Project: One or more creative requests.
  • Creative Request: One unique design.
  • Variations: A change within the same creative request/concept.
  • Active Creative Request: A creative request that is being designed, replicated, or revised.
  • Client Review: A creative request ready for client review/feedback. Requests in client review are not considered ‘active’.
  • Revision: A change request to a creative that has been delivered to the client.
  • Turnaround Time: The estimated time a creative request (design or revision) is expected to be delivered for client review.
  • Copy: Any/all text used in a creative request.
  • Assets: Imagery, video, music, voiceover media files provided by the client.

3. Plan Details

Design Service Plans include: Full Stack, Scaling, Growth, Start Up, Single Creative Request, Creative Brief Bundle. Each plan’s specific features and pricing are subject to change, but current details are listed on our website at the time of purchase. Custom Plans are tailored to your needs, including active creative requests, turnaround times, and design capabilities. Discounts are available under specific terms at the time of purchase. Under the Pricing Agreement, the price at sign-up remains constant during the agreement, barring changes notified at least 30 days in advance via the email provided at sign-up.

4. Payment Terms

Payment is due at the start of each billing cycle. Accepted payment methods will be specified on the website. Failure to make payment incurs a $250 charge if payment is not received within 7 days of the due date. Non-payment, as defined in our policies, may result in a pause of service.

5. Service Scope

Services are as described at the time of purchase. Each plan outlines the number of active creative requests, estimated average turnaround time (which are estimates and not guaranteed), type of creative requests available, and support staff included. One Creative request equals one unique design, including multiple aspect ratios and variations. Konstant Kreative uses a licensed stock library for imagery, video, music, and voiceover audio, subject to license terms. Clients must provide any additional assets needed. Additional services are available and will incur extra charges.

6. Your Obligations

Upload brand information including company name, industry type, logos, assets, brand guidelines, and creative expectations in specified formats and sizes. Make creative requests via the Konstant Kreative application within the scope of this service agreement. Clearly communicate expectations for each request in your creative brief. Provide timely feedback on delivered creatives.

7. Pause, Downgrade, Cancellation Policy

Pause Account:

  • Pause Anytime: Pay half of your next bill to temporarily stop your service.

  • Keep Your Days: Save the days from when you pause until your next bill date. For example, if you pause on the 10th and your bill is due on the 30th, you save 20 days.

  • Reactivate: Pay the remaining half to restart. Your saved days will be added back.

  • Saved Days: Use them within a year. They’re added for free when you come back.

  • Official Request: A pause is recognized with the submission of the official request form and subsequent payment. Submitting a request to pause authorizes Konstant to process the method of payment on file accordingly upon receipt. The request for a pause without payment completion does not activate the pause.

Example for Pausing:

  • Bill due on January 30.

    • Submit a request and pay half on January 10, saving 20 days.

    • Reactivate by paying the remaining half on March 1, adding 20 saved days.

    • Next billing on April 20, followed by May 20.

Downgrade or Cancel Account:

  • Notice required:

    • Monthly Plans: Alert us 15 days before your bill to stop without next charges. Payments due within this notice period will be charged in full.

    • Quarterly or Half-Yearly Plans: 30 days’ notice is required to cancel.

  • No Refunds: We don’t return money for unused service.

  • Official Request: Cancellation is recognized upon the submission of the official request form. Expressions of intent without the form submission do not constitute an official request.

Request a pause, downgrade or cancellation here.

8. Intellectual Property Rights

All works created under this agreement are considered ‘work made for hire’, granting full ownership and intellectual property rights to the client upon creation and delivery. Konstant Kreative retains a non-exclusive right to use the works for promotional purposes unless opted out by the client by emailing hello@konstantkreative.com.

9. Limitation of Liability

Konstant Kreative is not liable for indirect, incidental, or consequential damages, with total liability capped at the amount paid by the client for the services.

10. Amendments

Terms are subject to change. Clients may upgrade their plan/service at any time. Downgrades require a 15-day notice for monthly plans and a 30-day notice for other plans. Konstant Kreative will provide 30 days’ notice for updates to plans or services. Continued use after changes implies acceptance.

11. Governing Law

These terms are governed by the laws of Delaware, United State of America.

12. Service Availability and Holidays

Services are available Monday-Friday, North American time. Services are closed on: New Year’s Day, Good Friday, Christmas Eve, Christmas and New Year’s Eve. Dates are subject to change yearly and may be observed when they fall Saturday or Sunday. Turnaround times may be affected by these holidays.