Terms & Conditions

General Terms and Conditions

This document describes how long.press (an alternate name of Creative Kindle, LLC) (“we”, “us”, or “our”) defines the terms and conditions of its working relationship with the client (“you”, “your”, “client”). The names Creative Kindle, LLC and long.press are interchangeable. All projects or services that long.press may be contracted to produce or provide for the client will be subject to these terms and conditions.

All fees, services, documents, recommendations, and reports are confidential, except as required by law, to professional advisors under a duty of confidentiality, or in connection with dispute resolution proceedings.

We will begin work upon the client’s approval of the project task. The client’s approval (electronic or written) will constitute an agreement between the client and long.press.

Our Privacy Policy is available at /privacy and governs the collection, use, and processing of personal data.

Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits long.press or the client to adjust for such revisions or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by long.press. For each project, the client will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases including costs and/or estimated time.

Estimates, Invoicing, Billing & Payments

The client agrees to pay long.press in accordance with the terms specified in each proposal/estimate. Once the estimate/proposal is approved, work can begin. long.press reserves the right to correct mistakes in supplied proposals/estimates even if the proposal/estimate has been accepted by the client.

Billing will reflect the actual costs incurred; valid for only 30 days from the date on the estimate. The client requested changes will be billed additionally. The client will be notified of any price changes.

The minimum billable engagement is $250.00 USD (equivalent to one hour at our standard agency rate).

Overtime & Priority Scheduling

Estimates are based on a reasonable time schedule, and may be revised to take into consideration any “priority scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. Maintenance plan work does not incur overtime. Batched off-peak update windows are included in plan rates. Off-plan help requested on evenings or weekends (after 5:30 pm and Saturdays/Sundays) is billed above our $250/hour minimum at a 100% to 200% markup.

Alterations & Revisions

Changes to work requested by the client and performed by long.press after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.

Payment Schedule

Projects will generally be structured in two separate equal payments: a 50% down payment is required to commence work, and the remaining 50% balance is strictly due prior to the project going live on the public domain or final project release. The down payment secures the project slot and covers initial project costs including planning, discovery, and resource allocation. If the client cancels after work has commenced, the deposit is non-refundable to the extent that long.press has incurred costs or performed work.

Project Abandonment

If the client halts communication, stalls project momentum, or fails to provide required assets/feedback for a period exceeding 6 months, the project will be officially considered abandoned. The initial down payment will be forfeited, and a formal restart fee will be required to resume the project.

Delinquent Bills & Collections

Invoices state due on receipt or Net 14 as marked. Delinquent bills will be assessed a $35.00 late fee if payment is not received within 10 days after the due date. After 30 days of delinquency, outstanding balances will accrue interest at 1.5% per month (18% APR). If collection proves necessary, the client agrees to pay all fees incurred by that process.

Print Work, Tax & Vendor Policy

Print work is subject to New Jersey sales tax unless 1) You are a nonprofit organization; or 2) the work is for resale and you have submitted a resale certificate to long.press.

Projects that require printing are assumed to be printed by long.press vendors unless otherwise noted and are reflected with a built-in discount. If you select your own vendors for printing, other than those recommended by long.press, you must request that we coordinate to have the work delivered before any work is started. If at all possible, we will attempt to do so, but we cannot in any way be held responsible for quality, price, performance, or delivery. A release fee for artwork not printed by long.press vendors may be applicable.

Hourly Rates & Retainers

Standard Hourly Rate

Clients’ alterations, out-of-scope requests, and other copy changes requested after layouts or mechanicals are completed are billed at our standard agency rate of $250/hour.

All non-flat-rate pricing is based on this hourly rate. Differences in hourly rate may occur as rates change to meet market demand and are pre-negotiated.

Communication Billing

Published plans are email-only. General correspondence discussing work/service/projects via email (and via instant messaging, conference calls, or meetings only if pre-agreed) will be billed against the monthly set of hours in quarterly increments as follows:

Rights, Ownership, & Timeline

long.press reserves the right to suspend all work and withhold delivery of any work product (including source files, designs, and code) until all outstanding invoices are paid in full. Upon full payment, deliverables will be released to the client.

Reproduction Rights

Once a project has been delivered by us and is fully paid for by the client, we will assign the reproduction rights of the design for the use(s) described in the proposal.

Portfolio & Promotional Rights

We reserve the right to photograph and/or distribute or publish for our firm’s promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations, and similar media unless otherwise requested by the client prior to work completion. Clients may opt out of portfolio use by written request prior to project completion. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.

Target Completion Dates

“Target Date for Completion”, “Target Completion Date”, and/or other general terms/phrases describing a project completion date are based upon the client approval date. Actual “Target Date for Completion” may change due to a change in the approval date, change orders, delays by the client providing necessary content, dependencies on 3rd party companies, and other unforeseen complexities. “Business Days” are defined as non-holiday, non-weekend days limited to Monday through Friday. Holidays are defined as federal and New Jersey state-observed holidays.

Termination

Either party may terminate this agreement upon 30 days’ written notice. In the event of termination, the client shall pay for all work completed up to the date of termination, including any non-cancellable expenses incurred on the client’s behalf. Upon full payment, long.press will deliver any work product completed as of the termination date.

AI & Feedback Review Standards

Feedback Format & Curation Requirement

All feedback provided during review phases must be reviewed, verified, and curated directly by the Client or an authorized stakeholder prior to submission. Submissions consisting of raw, unedited, or automated outputs from third-party tools (including, but not limited to, automated site audits, generic accessibility scanners, or AI text generators) will not be reviewed.

Billable Time for Unvetted Audit Requests

If the Client requests a technical evaluation, feasibility check, or implementation of unedited third-party or AI-generated recommendations, such evaluations are outside the standard QA scope and will be billed at standard hourly consulting rates ($250/hr) with a minimum 1-hour assessment fee per batch. For the purposes of this section, “AI-generated or unvetted third-party recommendations” means content produced by large language models, automated accessibility scanners, SEO audit tools, or similar, where the client has not independently verified each recommendation’s accuracy and relevance. A “batch” means all feedback submitted within a single 24-hour period.

Consolidated Submissions

To maintain project timelines, all revision requests must be submitted in a single, consolidated batch using the designated Review Form or Project Management Portal. Piecemeal, continuous, or unorganized feedback will pause the review window until consolidated.

Hosting & Acceptable Use

For clients utilizing our managed hosting and edge infrastructure services, direct hosting of video files is strictly prohibited and must be embedded via third-party services (e.g., YouTube, Vimeo). Basic webmail hosting is provided without guarantees regarding uptime, deliverability, or spam control; clients are fully responsible for their own email backups and archiving. Furthermore, the client agrees that the hosting environment will not be used to store, transmit, or publish any illegal, malicious, or highly objectionable content. We reserve the right to immediately suspend or terminate hosting services without refund if a violation occurs.

Due Diligence & Liability

Client Warranties & Representations

The client agrees to exercise due diligence in its direction to us regarding the preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademarks, service marks, copyright, and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.

The client represents to long.press and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to long.press for inclusion in its web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend long.press (Creative Kindle, LLC) and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Proofing Responsibility

It is the client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. We are not liable for errors or omissions. Your approval (electronic or written) or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.

Production Tolerances

The client will accept overruns that do not exceed 10% of the quantity ordered on all jobs. We will bill for the actual quantity delivered within this tolerance. If the client requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

Safeguarding & Vendor Liability

We will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction, or damage or unauthorized use by others of such property. We will use our best efforts to ensure the quality and timely delivery of all printed (offset, silk-screened, embossed, or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, we are not responsible for failure on their part.

Governing Law & Legal Costs

The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of New Jersey applicable to agreements entered into and performed in the State of New Jersey. Any legal action arising out of this agreement shall be brought exclusively in the state or federal courts located in Camden County, New Jersey. The client consents to personal jurisdiction in those courts. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.

In any dispute arising out of this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.

The client agrees that the client is solely responsible for complying with laws, taxes, and tariffs and will hold harmless, protect, and defend long.press (Creative Kindle, LLC) and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

Limitation of Liability

In no event will we be liable to the client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate any work, even if long.press has been advised of the possibility of such damages. Our total liability arising out of this agreement shall not exceed the total fees paid by the client under this agreement in the 12 months preceding the claim. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Disclaimer of Warranties

Except as expressly stated herein, long.press makes no warranties, express or implied, regarding the services or deliverables, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Services and deliverables are provided on an “AS IS” and “AS AVAILABLE” basis.