1.1 In these Terms and Conditions, “Client” means the person, business, or organisation that commissions work from The Graphics Garden (“Designer”).
1.2 When the Client commissions the Designer to carry out any work (“the Project”), the Client agrees to these Terms and Conditions.
1.3 These Terms & Conditions apply to all Projects carried out by the Designer for the Client.
1.4 The Client agrees to read these Terms before confirming a Project. A copy is available at www.graphicsgarden.co.uk/terms.html and is also included in email correspondence before work begins.
2.1 If requested, the Designer will provide an estimate setting out the Project details, the expected fees (based on the current hourly rate), and any likely third-party costs (e.g. printing or stock assets). Anything not included in the estimate is not part of the agreement. The Client agrees to check the estimate for accuracy before work begins.
2.2 If no estimate is requested, work will be charged at the Designer's standard hourly rate.
2.3 Estimates are valid for 30 days from the date of issue.
2.4 The Designer will begin work once the Client approves the estimate (in writing, by email, or verbally). Approval forms a contract between the parties.
2.5 The Client agrees to pay in line with the payment terms in the estimate, or at the Designer's standard hourly rate if no estimate is provided.
2.5A Unless otherwise agreed in writing, the Designer will supply final output files suitable for the agreed purpose (e.g. a print-ready PDF, a web-ready PDF, and image files). Editable source files (e.g. InDesign, Illustrator or layered Photoshop files and packaged assets) are not included unless expressly agreed in writing and may incur additional charges.
2.6 The Designer may charge for time spent on the Project even if the Client decides not to use the final work.
3.1 Payment is due within one calendar month of the invoice date.
3.2 For new Clients, or where invoices have previously been paid late, the Designer may require 50 percent to 100 percent of the estimated cost before work begins. Any balance is payable on artwork approval. For Projects lasting more than one month, the Designer will invoice monthly for work completed in that period.
3.3 The Designer may withhold delivery or completion of work if invoices are overdue.
3.4 The Designer may charge interest on overdue sums at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable, otherwise at eight percent per annum, from the due date until payment is received in full.
3.5 The Client will reimburse the Designer for reasonable costs incurred in recovering overdue sums, including legal and collection costs.
4.1.1 The Client agrees to provide information, content, and feedback in good time so deadlines can be met. The Designer is not responsible for missed deadlines caused by late delivery of information or approvals by the Client.
4.1.1A Meeting time relating to the Project (including calls and video meetings) is chargeable at the Designer’s standard hourly rate unless included in an agreed estimate.
4.1.1B Project Dormancy and Rescheduling
If the Client does not provide required information, feedback or approvals for 30 consecutive days, the Designer may pause the Project and reschedule it subject to availability. Where a Project is restarted after being paused, the Designer may revise the estimate and schedule to reflect the work remaining.
4.1.2 New work requested after an estimate has been approved will be treated as additional work and charged at the Designer’s hourly rate.
4.1.3 If the Project changes significantly, the Designer will provide a revised estimate. Any additional fee must be agreed before further work continues.
4.1.4 Changes requested after layouts or final artwork are prepared will be charged at the Designer’s standard hourly rate.
4.2.1 The Client must check proofs carefully (including spelling, prices, sizes, and all factual details). The Designer is not responsible for errors identified after the Project is completed.
4.2.2 The Designer is not responsible for errors caused by information supplied by the Client.
4.2.3 If the Client sends artwork to print, the Client confirms they have fully checked and approved the final version.
4.2.4 If the Designer arranges printing, the Client must approve all proofs or artwork (in writing or by email) before printing is authorised.
4.2.5 If the Designer arranges printing services, the Designer is not liable for errors, delays, or failures by the printer. Any printing contract is between the Client and the printer, and the Client remains responsible for approving print proofs and specifications before production.
4.3.1 Estimates assume a reasonable schedule. Where overtime or weekend work is required, the Designer may revise the estimate to reflect priority scheduling.
4.3.2 If urgent deadlines apply, the Designer may adjust rates to reflect the required turnaround.
4.4.1 Some printers may deliver slightly more or fewer items than ordered (often within +/- 10 percent) and charge accordingly. The Client agrees to accept this tolerance, and the Designer will invoice for the quantity delivered.
5.1.1 The Designer is not liable for indirect or consequential losses arising from the Project (including loss of profit, revenue, business, opportunity, goodwill, data, or wasted expenditure).
5.1.2 The Designer’s total liability for any claim relating to the Project is limited to the fees paid by the Client for that Project.
5.1.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot legally be limited or excluded.
5.2.1 The Designer will take reasonable care of any property provided to them. Unless the Designer has been negligent, the Designer is not responsible for loss, damage, destruction, or unauthorised use by others.
5.3.1 Any formal notice under these Terms must be in writing and delivered by hand, recorded or special delivery post, or email.
5.3.2 A notice takes effect when it is received.
5.3.3 Notices to the Designer must be sent to: Elizabeth Porter, The Graphics Garden, 35 Wellington Hill, Horfield, Bristol, BS7 8SP, or by email to admin@graphicsgarden.co.uk.
5.4.1 If the Designer refers the Client to another organisation for services outside the Designer’s remit, the Designer is not responsible for any dispute between the Client and that organisation.
5.5.1 The Designer may retain final, signed-off artwork for record-keeping and portfolio purposes, subject to clause 6.3.5 and any confidentiality obligations.
5.5.2 The Designer does not guarantee long-term storage of editable working files and may delete them after a reasonable period unless archiving is agreed in writing.
5.5.3 Retrieval, restoration, long-term archiving, and the supply of editable source files may incur additional charges.
6.1.1 The Client confirms they have the right to provide all text, images, logos, and other materials for the Project, and that using them will not breach copyright, trademark, patents, or any other rights. The Client is responsible for obtaining any licences or permissions needed before publication.
6.1.2 The Client agrees to reimburse and protect the Designer against losses arising from a breach of clause 6.1.1.
6.2.1 The Designer may use licensed stock images or third-party assets. The Client is responsible for ensuring usage remains within the licence terms and for any additional licensing required after delivery.
6.3.1 The Designer retains ownership and copyright of all artwork and designs produced for the Project. The Client is granted a limited, non-exclusive licence to use the final, signed-off deliverables for the agreed purpose from the date of delivery. This licence is conditional upon payment being made in full in accordance with Section 3. This licence applies to final, signed-off deliverables only, not drafts or work in progress.
6.3.1A If payment is not received by the due date in clause 3.1, the licence to use the deliverables automatically terminates with immediate effect and the Client must cease use until payment is received in full.
6.3.2 Any concepts or drafts not paid for remain the property of the Designer and must not be used by the Client.
6.3.3 The Designer may retain Client materials and completed work as security until all amounts due are paid.
6.3.4 Once payment is received in full, the Designer will assign the rights needed for the uses described in the proposal. Any use outside the agreed purpose requires the Designer’s written permission and may incur an additional fee.
6.3.5 The Designer may display final, signed-off work in the Designer’s portfolio and marketing channels, except where the Project is subject to an NDA or where the Client prohibits portfolio use in writing before work starts. The Client may request removal from publicly accessible portfolio channels at any time, and the Designer will do so within a reasonable period. Removal from the public portfolio does not require deletion of internal copies kept for legitimate business purposes (including record-keeping, tax compliance, and the establishment, exercise or defence of legal claims). Where portfolio material includes personal data or sensitive information, the Designer will take reasonable steps to redact or anonymise it before publication or will obtain written permission where appropriate.
6.4.1 If the Client requires an NDA, it must be requested, agreed, and signed before work starts. Where an NDA is in place, the Designer will not disclose confidential information without written permission.
6.5.1 The Designer will keep the Client’s confidential information confidential, except where disclosure is necessary to deliver the Project or required by law.
6.5.2 The Client agrees not to share the Designer’s proprietary methods, workflows, pricing, or internal business information with any third party without written consent, except where disclosure is necessary to deliver the Project or required by law.
6.6.1 The Client confirms they have the right to share any personal data provided to the Designer for the purposes of the Project.
6.7.1 The Client agrees to protect the Designer against losses or claims arising from publication or use of materials that the Client has approved.
6.8.1 Neither party is responsible for delays or failure to perform caused by events outside reasonable control (including war, riot, civil disorder, fire, industrial disputes, energy failure, supplier or carrier delays, governmental actions, or acts of God).
6.8.2 If the Client does not meet agreed schedules, delivery dates may move accordingly.
7.1.1 Either party may terminate this Agreement immediately by written notice if the other party becomes insolvent, stops trading, cannot pay debts when due, or has an administrator, receiver, or liquidator appointed.
7.1.2 Any notice must be in writing and delivered by signed-for post or email to: Elizabeth Porter, The Graphics Garden, 35 Wellington Hill, Horfield, Bristol, BS7 8SP. Email: admin@graphicsgarden.co.uk
7.1.3 The Client may cancel a Project at any time by written notice. The Client must pay for all work completed up to the cancellation date and any non-cancellable third-party costs incurred on the Client’s behalf.
7.1.4 The Designer may suspend or terminate the Project by written notice where invoices are overdue, the Client does not provide necessary instructions or materials within a reasonable time, the Client requests unlawful or infringing work, or the Client behaves abusively or unreasonably. The Client must pay for all work completed and any non-cancellable third-party costs incurred up to the suspension or termination date.
7.1.5 On cancellation or termination, and once payment is received in full, the Designer will provide copies of final, signed-off artwork completed up to that date. Work in progress and editable source files are not provided unless agreed in writing.
7.2.1 On termination:
7.2.1A The Client must promptly pay any outstanding invoices.
7.2.1B The Designer will provide copies of any completed artwork.
7.2.1C The Client will be entitled to a refund for any charges paid for work that has not been carried out, calculated on a reasonable basis.
7.2.1D No refunds are provided for work already completed. The Client remains responsible for payment for work carried out up to the termination date.
8.1 This Agreement is governed by the laws of England and Wales. The Designer may bring proceedings in any court of competent jurisdiction.
8.2 If the Designer does not enforce a term, that does not waive the right to enforce it later.
8.3.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
9.1 The Graphics Garden is committed to protecting and respecting your privacy. This policy explains how personal data collected from you or provided by you will be processed.
9.2.1 The Graphics Garden may hold contact information from anyone who has corresponded with the business by telephone, email, or otherwise, including Clients, suppliers, and other contacts.
9.2.2 This may include name, job title, email address, postal address, social media accounts, telephone number, and any further details provided for work projects or invoicing.
9.2.3 The Graphics Garden does not treat anonymised or aggregated information as personal data.
9.2.4 No bank details are stored, and cookies are not used.
9.3.1 The Graphics Garden may retain final, signed-off artwork and project files for record-keeping and portfolio purposes, subject to clause 6.3.5 and any confidentiality obligations. Editable working files are not retained indefinitely unless long-term archiving is agreed in writing.
9.3.2 Where appropriate, personal details that appear on artwork may be included in portfolios. Where portfolio material includes personal data or sensitive information, the Designer will take reasonable steps to redact or anonymise it before publication, or will obtain written permission where appropriate. If a client requests removal from publicly accessible portfolio channels, the Designer will do so within a reasonable period.
9.3.3 The lawful basis for processing personal data is one or more of:
9.3.4 The Designer may contact you about related services under the soft opt-in rules of PECR. You may opt out at any time.
9.3.5 Personal information is deleted or anonymised when it is no longer reasonably necessary for contract administration, invoicing, tax and accounting compliance, and the establishment, exercise or defence of legal claims. Where feasible, artwork containing personal information is anonymised to prevent identification of individuals.
9.3.6 Basic contact and project information may be stored securely to manage projects, issue invoices, and maintain appropriate follow-up communication. This data is not shared with third parties.
9.3.7 You can request access to your personal data, correction of inaccuracies, and restriction or objection to processing by contacting admin@graphicsgarden.co.uk.
9.3.8 If you would like your information removed from the Designer’s records, please contact admin@graphicsgarden.co.uk.
9.4.1 The Graphics Garden takes reasonable steps to minimise the risks of unauthorised access, misuse, disclosure, or loss.
9.4.2 If you have any security-related concerns, please contact admin@graphicsgarden.co.uk.
10.1 The Designer may update these Terms and this Privacy Policy at any time. Any changes will be published at www.graphicsgarden.co.uk/terms.html.
These Terms and Conditions, together with any agreed estimates or additional terms, represent the entire agreement between the Customer and the Designer regarding the Project.