In these conditions “the Customer” means the person, firm or Designer who commissions the services of The Graphics Garden “the Designer”. By commissioning the Designer to undertake work “the Project” on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship. All Projects that the Designer may be contracted to undertake for the Customer will be subject to the following:
For each Project, the Customer will receive an estimate outlining the Project specifications and estimated fees for the Designer’s time based on her current hourly rate and, where appropriate, any goods and professional services commissioned by the Designer in order to complete the Project. The Designer will begin work upon the Customer’s written, emailed or oral approval of the estimate and this will constitute an Agreement between us. The Customer agrees to pay the Designer in accordance with the terms specified in each proposal/estimate. Estimates are valid for only 30 days from the date on the estimate.
Payment must be made in full within 1 calendar month of invoice date. Customers are required to pay 50% of the Project cost before work can begin and all subsequent balances due are payable upon artwork approval. The Designer reserves the right without notice to charge interest on past due balances at the rate of 8% per annum. The Designer reserves the right to refuse completion or delivery of work until past due balances are paid. The Customer shall pay the Designer’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts.
The Customer agrees to exercise due diligence in its direction to The Designer regarding preparation of materials and must be able to substantiate all claims and representations. The Customer is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments. The Customer will indemnify the Designer in respect of any claim for breach of trademark, copyright and/or patent infringement.
New work requested by the Customer and performed by the Designer 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, the Designer will submit a revised proposal/estimate to you, and a revised additional fee must be agreed by both parties before further work proceeds. Author’s alterations and other copy changes requested after layouts or mechanicals are completed will be charged at the Designer’s standard hourly rates.
It is the Customer’s responsibility to check proofs carefully for accuracy in all respects, including but not limited to prices, spelling, dimensions and distances. The Designer is not liable for errors or omissions that arise as a result of the Designer’s reliance on information supplied by the Customer. The Customer’s signature or that of his authorised representative, either by hand or by email confirmation is required on all proofs or artwork prior to release for printing or other implementation.
The Designer will exercise reasonable care and skill when providing the Project.
Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and/or weekend working. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, the Designer’s suppliers may mark up their charges in respect of work required in a hurry.
The Customer must provide any information requested by the Designer as soon as is reasonably practicable so that the Designer can meet any agreed deadline.
Under no circumstances whatsoever shall the Designer be liable for losses special to the particular circumstances of the Customer, direct or indirect loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, the Designer’s liability shall not exceed the total of the contract fees for the Project. The fees for any Project are based upon the assumption that the liability of the Designer and Customer are set out herein.
Some printers’ terms enable them to deliver over or under the quantity ordered and to charge accordingly. In such cases the Customer will accept over-runs or under-runs that do not exceed +/- 10% of the quantity ordered and the Designer will bill for the actual quantity delivered within this tolerance.
The Designer will take all reasonable precautions to safeguard property entrusted to her. In the absence of negligence on the Designer’s part, however, she is not responsible for loss, destruction or damage, or unauthorised use by others of such property. The Designer will use our reasonable endeavours to ensure quality and timely delivery of all printed material. Although the Designer may use her reasonable endeavours to guard against any loss arising from the failure of our suppliers, media, or others to perform in accordance with their commitments, the Designer is not responsible for failure on their part. The Designer cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Customer or his/her agents.
All notices, requests, claims, demands and other communications between the parties shall be in writing.
All notices shall be given (i) by delivery in person (ii) by a nationally recognized next day courier service, (iii) by first class, recorded or special delivery mail, postage prepaid, (iv) by facsimile or (v) by electronic mail.
All notices shall be effective upon receipt by the party to which notice is given.
In the event that the Designer provides a referral to another organisation for any purposes outside the Designer’s remit, the Designer shall not be held responsible for any subsequent dispute between the Customer and the referred organisation. Any contract entered into is strictly between the Customer and that organisation.
No party shall assign its rights or obligations under this Agreement in whole or in part, without the prior written approval of the other party, which approval shall not be unreasonably withheld, conditioned or delayed.
All materials or property belonging to the Customer, as well as work performed, may be retained as security until all just claims against the Customer are satisfied.
Once a Project has been delivered by the Designer and is fully paid for by the Customer, the Designer will assign the reproduction and all intellectual property rights of the design for the use(s) described in the proposal.
The Designer reserves the right to photograph and/or distribute or publish for her own promotional and marketing needs any work she creates for you, including roughs, visuals, mock-ups and presentations, as samples for her portfolio, newsletter, brochures, presentations and website and for entry for awards. If the Customer reasonably requests it, such use will be delayed until cleared by the Customer.
The Customer warrants that it has the legal right to disclose all Personal Data that it does in fact disclose to the Designer under this Agreement.
The Customer will indemnify and hold the Designer harmless for any loss or expense (including legal fees), and agree to defend the Designer in any actual lawsuit, claim or action arising in any way from our working relationship. This includes, but is not limited to claims made against the Customer and any of its products and services arising from the publication of materials that the Designer prepares and the Customer approves before publication.
Production schedules, storage of files and property belonging to the Customer will be established and adhered to by both Customer and the Designer, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Customer or the Designer. Where production schedules are not adhered to by the Customer, final delivery date or dates will be adjusted accordingly.
Either party may terminate the Agreement immediately by giving written notice to the other party if: (a) the other party: (i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; (b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party; (c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent Designer reorganisation where the resulting entity will assume all the obligations of the other party under the Agreement); or (d) (where that other party is an individual) that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order. Any notice given under this Agreement must be in writing and delivered personally by signed for post, or by email to email@example.com. Elizabeth Porter, The Graphics Garden, 35 Wellington Hill, Horfield, Bristol, BS78SP.
In the event of termination of this Agreement: a) The Customer will promptly pay any outstanding invoices to the Designer. b) The Designer will promptly provide to the Customer a copy of any artwork already undertaken. c) The Customer will be entitled to a refund of an charges paid by the Customer to the Designer in respect of any services which were to be performed after the date of effective termination, and will be released from any obligation to pay such charges to the Designer (such amount to be calculated by the Designer using reasonable methodology).
The validity and enforceability of this Agreement will be interpreted in accordance with the laws of England but the Designer reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by the Designer to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.
The Graphics Garden holds contact information on anyone who has corresponded with us by telephone, email or otherwise. This may include clients, suppliers and other contacts. Information you give us may include name, job title, email address, postal address, social media accounts, telephone number, fax number, and any further details required for conversing regarding work projects, including invoicing.
We do not consider personal information to include information that has been anonymised or aggregated so that it can no longer be used to identify a specific person.
The Graphics Garden keeps a back-up of any artwork we have created for you for seven years after you cease to trade with us. This enables you at any time to contact us for a copy of your artwork.
Any personal details provided by you to be used on artwork may be used in portfolios to promote our design skills. For example, on www.graphicsgarden.co.uk, in an interview portfolio, on our social media pages (Facebook or LinkedIn) or on work-finding freelance websites.
Any personal information you give us is deleted seven years after you cease to use The Graphics Garden. At this time, any artwork created for you which contains personal information will be altered to make it impossible to identify any individual.
No method of transmitting or storing data is completely secure. However, we will do our utmost to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration of this personal information.
If you have a security-related concern, please contact The Graphics Garden at firstname.lastname@example.org.