Terms

Welcome to www.KempsConsulting.com the primary website for Ladybug Brands LLC, formerly KEMPS Consulting. You will find below the following terms and policies which govern your use of this website: Website Policy and Terms, Extended Project Terms, and Universal Privacy Policy. I have attempted to put these terms in the plainest language possible. Please review these terms carefully and contact Ladybug Brands LLC if you have any questions. These terms extend to all website functions of Ladybug Brands LLC and any current or future subsidiaries of Ladybug Brands LLC including but not limited to business, projects and communications between you and Ladybug Brands LLC. By using this website, engaging in discussion through this website, and/or by entering into any service agreement with Ladybug Brands LLC you are agreeing to be contractually bound by these terms and conditions of use.

Definitions. The term “Ladybug Brands LLC” or “the business” or “services” refer to the business entity whose description and services may be found on this website and any of its employees or assigned representatives.. The term “Kate E. Stephenson” or “me” or “I” or “my” refers to the manager of the website and managing agent of Ladybug Brands LLC. The term “you” or “your” refers to the client, user or viewer of the website.

Website Policy and Terms. If you continue to browse and use this website you agree to comply with and be bound by the terms and conditions of use, which together with the Privacy Policy and any formal service contract govern my relationship with you in relation to this website. By continued engagement with Ladybug Brands LLC and this website you agree and acknowledge that you have read and understand these Terms. These Terms will remain in full force and effect while you are using any services, products or materials of Ladybug Brands LLC.

The use of this website is subject to the following terms of use:

  • For Information Only. Things may change. The content of the pages of this website is for your general information and use only. Ladybug Brands LLC reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms at any time.
  • Inaccuracies may happen. It’s your responsibility to double check. Neither I nor any third parties or representatives of Ladybug Brands LLC provide any guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors. Any disclaimers, liability limitations and indemnities found within these Terms do no exclude rights that by law may not be excluded such as any rights found under consumer protection laws enforced by the Federal Trade Commission (FTC). Ladybug Brands LLC and Kate E. Stephenson are expressly excluded from liability for any inaccuracies or errors to the fullest extent permitted by law.
  • We are not responsible for your use of this website. You  indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use of or reliance on any information contained within this website or through use of our products or services.
  • This site is a resource, but may not suit every need. Your use of any information or materials on this website is entirely at your own risk. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • Every word written here is my intellectual property. It’s not free for the taking. This website contains material which is owned by me; all content of this website is protected under copyright law, is the sole intellectual property of Kate E. Stephenson, and may not be reproduced or used for any reason without the express written consent of Kate E. Stephenson only. This material includes, but is not limited to, the design, layout, look, appearance and graphics, excluding those owned by the host site Blue Host or the template creator (refer to their terms and conditions for such materials).
  • I don’t steal other people’s ideas and neither should you. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged as such on the website.
  • I don’t want to sue anyone, but I will if you use my material without permission. Unauthorized use of this website may give rise to a claim for damages and may result in criminal charges and proceedings.
  • I cannot control the websites to which I link. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not necessarily signify that I endorse the website(s). I have no responsibility for the content or performance of the linked website(s).
  • Happy to link with you, just ask first. You may not create a link to this website from another website or document without my prior written consent. (Just ask and I will most likely grant it.)
  • Laws exist for a reason, and we should obey them. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.

Results Disclaimer. Ladybug Brands LLC makes no guarantees about your ability to get results or earn money by engaging Ladybug Brands LLC services, using Ladybug Brands LLC products, or reading information provided on the Ladybug Brands LLC website or other content provided by Ladybug Brands LLC. Nothing on this website or services provided by Ladybug Brands LLC is to be considered a guarantee of results.

Extended Project Terms. These terms are generally applicable to all contractual agreements that Ladybug Brands LLC enters into with all clients, unless alternative terms are specified within an individual contractual agreement, at which time those terms supersede those provided below.

Payment and Compensation. All projects require advance payment, which may be in full or in part as determined by your specific written contractual agreement (estimate, quote, and/or invoice). This payment is non-refundable. No service shall be rendered without prior compensation. All projects of less than $350 dollars must be paid in full in advance. Projects with a value greater than $350 may warrant a payment plan, whose scheduled payments will be predetermined and mutually agreed upon; any balance on such plan is due immediately upon project completion unless otherwise noted within the contractual agreement.

Method of Payment.

  • Direct Bank Transfer/ACH is accepted via
    • Zelle (please see Zelle’s terms and conditions for detailed information);
    • PayPal (please see PayPal’s terms and conditions for detailed information); and
    • Other proprietary bank transfer systems that are approved by Ladybug Brands LLC prior to a transfer being initiated.
  • Debit and credit cards are accepted via
  • Checks are not accepted.

Ladybug Brands LLC reserves the right to authorize a debt collection agency to collect any amount not paid by you and will aggressively exercise this right.

Change of Order. Payment, either in full or as deposit, is considered a reservation of  professional time. Compensation is calculated based on estimated project hours. Any appreciable variation from estimated hours or requested additional hours constitute a change of order. Any change in order will result in a change of project fee; this fee is disclosed before it is billed. In other words, if you change your mind and that requires more work than the project price will also increase.

Project Completion & Archival. Every effort will be made to complete projects within a reasonable time frame. Refer to your specific contract for a specific completion date (if applicable); consistent client communication is required to ensure project success. As life does not stop for business activities, it is understood that communication may be delayed for various reasons; therefore, Ladybug Brands LLC allows up to 30 days from the last communication to resume a project without penalty. After 30 days, deposit and/or all project payments are forfeited. Any future work desired will be considered a new project with new terms. Likewise, Ladybug Brands LLC reserves the right to charge a recovery fee to forward any archived client project materials; materials are archived when retired from my calendar after 30 days from last communication or project completion. Ladybug Brands LLC is under no obligation to archive projects, however, as a general practice maintains projects in an archive for a period of no less than 5 years unless client specifically requests such documents be destroyed. Client request for documents to be destroyed may be denied by Ladybug Brands LLC depending on the nature of the project.

Termination. Contractual Agreements may be officially terminated for a variety of reasons under these specific circumstances. All projects are subject to the Payment and Compensation Terms above.

  • Client Cancellation. Any contractual agreement with Ladybug Brands LLC may be canceled with or without cause given written emailed notice ONLY. Canceling a project does not cancel the commitment to pay for services. Projects valuing $350 or more will be prorated according to the payment schedule, established benchmarks, or contractual rates for services provided as of the date of cancellation; any outstanding balance will be immediately due.
  • Cancellation due to Inappropriate Behavior. The foundation of all productive professional relationships is respect. Both Ladybug Brands LLC and the Client are expected and required to conduct the business relationship with respect and professional ethical standards. Ladybug Brands LLC  may cancel any agreement and suspend the professional relationship immediately should the Client violate these standards (e.g., direct vulgar or hostile language toward Ladybug Brands LLC , demonstrate repetitive disregard for communication, use discriminatory language directed at Ladybug Brands LLC , direct personal insults or attacks at Ladybug Brands LLC , sexual harassment of Ladybug Brands LLC , etc.). Any work product rendered through the date of termination will be forwarded to the client along with an invoice for any outstanding balance which would be immediately due. Ladybug Brands LLC reserves the right to terminate your use of this site or our products and/or services if you breach these Terms. Such breach will be determined at the discretion of Ladybug Brands LLC Consulting.
  • Default of Payment. Ladybug Brands LLC reserves the right to terminate a project should the Client default on payment. All invoices are due upon receipt and given seven (7) business days grace period. After such time, Client account will be considered in default. The first default will result in project suspension until such time as client has paid. After thirty (30) days without payment, project will be considered terminated. Any subsequent defaults will result in immediate project termination. Any work product rendered through the date of termination will be forwarded to the client along with an invoice for any outstanding balance which would be immediately due.

(Limited) Proprietary Rights.

Exclusions. This agreement excludes all marketing, advertising and desktop publishing design materials, unless specifically noted in the contractual agreement. Such materials as I have designed, remain my sole intellectual property and may be used for the benefit of multiple non-related purposes, unless other arrangements have been made. This agreement also excludes any projects in which I retain rights as a major contributor, as specified within the contract or agreement.

Work for hire. Except as detailed in the Exclusions, I acknowledge that I have no right to or interest in the work or products of my clients, or any of the materials created in connection with the services I provide. I also acknowledge that my work, services, and products thereof have been specially commissioned or ordered by the client as “works made for hire” as that term is used in the Copyright Law of the United States, and that the client is therefore the owner of all copyrights in and to such materials.

Project Confidentiality. Except as detailed in the Exclusions, I will keep strictly confidential all project materials, except where the expertise of a colleague is sought to improve service quality for the client. Such colleagues will be subject to all of the terms and policies set forth here.

Reproduction of Work. Except as detailed in the Exclusions, I will not copy or reproduce, any information created in my performance of services, unless given express consent. Any consensual reproduction of materials shall be used as sample work solely for the purpose of providing reference for potential clientele.

Use for referral and portfolio. Ladybug Brands LLC reserves the right to use the name/company name, project title, general service provided, excerpts and project representations as appropriate within any promotional and marketing activities and content for the sole purpose of building and advertising a professional portfolio. Any client personal identifiers will be removed from such documents.

Universal Privacy Policy. This website is not intended to be primarily an information gathering vehicle, rather as a general information source for potential and current clients. Likewise, any information collected from clients is for the sole purpose of conducting business and supporting their project goals. Therefore, where information may be collected and exchanged, I stringently believe in the privacy of my clients and work to maintain the strictest privacy and confidentiality for client information, materials and products. Therefore, the following provisions for confidentiality and proprietary rights extend into every facet of communication and service, unless terms are specified within individual contractual agreements, at which time those terms supersede those generally provided below. If specific terms are not included in your individual contract these Terms will be considered the default in their place.

Confidentiality. In connection with the performance of service, Ladybug Brands LLC, Kate E. Stephenson, and employees/assigned agents of the business will be exposed to confidential and proprietary information, including intellectual property and personally identifying information such as email, address, phone number, and financial information (e.g. bank and credit card information), belonging to clients or to the publishing operations of the client. We will keep strictly confidential all proprietary and confidential information, and will not disclose to third parties, or copy or reproduce, any such information or any information created in my performance of services, unless given express written consent of the contracted individual. This provision shall survive termination and/or completion of all other Agreements.

Communications Opt-In. Clients and potential clients who supply email addresses in order to establish a line of communication consent and opt in to receive occasional notifications and/or advertisements from me in relation to this service; you may request to stop receiving, or opt out, of these correspondences at any time via provided options within correspondences or by reaching out to Ladybug Brands LLC directly and in writing via email with the subject heading “PLEASE REMOVE ME FROM MAILING.”