Design Quickie Terms of Service

By purchasing this service and checking the box below, you agree to be bound by this agreement (the “Agreement”), and you (“Client”) agree to retain KELLY NOEL ZEVA (the “Service Provider”) for branding, design, and/or messaging for a marketing intensive, packaged under “Design Quickie” or “VIP Day” and agree to the Terms & Conditions as set forth in this Agreement.

1. Description of Services.

For a “Design Quickie”, Service Provider agrees to devote up to 7 hours on assignments to be determined by Client, as well as 45 minutes for a pre-intensive strategy call, 1 hour for post-intensive support & training, and 30 days of post-intensive email and messaging support on Voxer. Work will be performed at the offices of Service Provider, but occasionally may take place at other locations, as required. Work priority and scheduling will be at the discretion of Client. Work will normally occur between the hours of 9:00am-4:30pm Central Time on weekdays.

During the 30 days of post-intensive support, the Client will be able to email or message Service Provider with any questions or concerns about the work that was performed during the intensive, and will receive a reply via email, Voxer message, or video tutorials. This support does not cover additional design or website work that exceeds what was done during the intensive. If the Client has additional work that needs to be performed, Client will have the option to book another day-long intensive.

2. Payment for Services.

Payment for these services will be to the Service Provider at the current rate listed on their website per Design Quickie and will be due at the time of booking this appointment, unless alternate arrangements are mutally agreed to in advance in writing by the Client and Service Provider. The Client may choose to pay in full when booking, or to do split pay (50% due upon booking, 50% due 30 days later). If an extended payment plan is offered and mutually agreed to in writing, Client must pay at least 80% before the Design Quickie(s) occur.

Design services in addition to the Design Quickie will be made available by Service Provider at the current daily rate, and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are: stock images, premium font licenses, Divi templates, premium child themes, and 3rd party application services.

3. Refunds & Rescheduling.

This purchase is non-refundable, but may be transferred to another date or service with 7 days prior written notice. The Client’s deposit is valid for 90 days from booking, and must be used within that time frame. In the event the intensive fails to occur within 90 days, or the Client fails to request a new date at least 7 days prior to their booked appointment, the deposit will be forfeited, and the intensive will be terminated. If the Client wishes to reschedule beyond 90 days, the original deposit may, at the Service Provider’s discretion, be applied to a new booking at the current intensive rate, which may or may not be higher than the original booking rate.

4. Usage & Ownership of Material.

The results of any and all work performed by Service Provider for Client, including original creative work, will remain the property of the Client. The Client may use this material in any way deemed appropriate.

5. Portfolio Usage.

The Service Provider will have full license to include any completed deliverables, or portions of the completed deliverables, within their portfolio as work samples. The Service Provider shall do so in good faith, only with the intention of demonstrating their capabilities and securing more work. Client understands that any written statements, images, audio recordings, or video recordings of Client while participating in the intensive and made on behalf of the Service Provider may be used in connection with publicizing and promoting the Service Provider. Client authorizes the Service Provider to use their name, brief biographical information, and the written or recorded statements. If there are specific deliverables that the Client does NOT want the Service Provider to feature in an online or physical portfolio, they shall inform the Service Provider in writing when the project is assigned.

6. Relationship of Parties.

It is understood by the parties that the Service Provider is an independent contractor with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Service Provider.

7. Assignment.

Neither party shall assign this Agreement without the written consent of the other.

8. Governing Law.

This Agreement and performance hereunder shall be governed by the laws of the State of Wisconsin. Sole venue and jurisdiction for any proceedings under this Agreement shall be in the state and federal courts located in Dane County, Wisconsin.

9. Force Majure.

Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to matters beyond their control, including, but not limited to, strike, fire, flood, or other natural disaster, war, embargo, or riot, provided that the party so delayed immediately notifies the other party of such delay. The terms of this Clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations under this Agreement, until as soon as practicable after a force majeure condition ceases to exist.

10. Waiver.

The waiver or failure of Client to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

11. Severability.

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

12. Entire Agreement & Amendment.

This Agreement and the Letter constitute the entire agreement and understanding between the parties and supersede any prior agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning of construction of any provisions of this Agreement.

Last Updated: October 31, 2025