Graphx Design Services Terms and Conditions of Business
Definition of our terminology as used within this document:
1. A ‘Project’ is any work undertaken or service provided by Graphx Design Services for the Client on their request and as described in our confirmation order email and proposal to that Client.
2. A ‘Client’ is a person, persons, business or organisation using any of the services provided by Graphx Design Services.
3. ‘Content’ is both text and images supplied by the Client for the project.
4. ‘Live Mode’ means the date the website is available on the Client’s chosen domain.
5. ‘Domain’ is the website address as specified by the Client.
6. ‘Web Host / Hosting’ is the service that stores your websites files and makes them available to internet users.
7. ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
Graphx Design Services Terms & Conditions
1. The contract between Graphx Design Services and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Graphx Design Services confirmation order email and proposal.
3. Email will be the method of contact with regard to all communication. Although Graphx Design Services can be contacted by telephone, we will use email as our method of communication and therefore it is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Graphx Design Services cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Graphx Design Services aim to acknowledge all emails within 3 working days.
4. Graphx Design Services will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the Project. If the project is a website it will be switched to Live Mode once the Clients remaining balance is paid in full.
5. The deposit paid to Graphx Design Services covers the cost of design work carried out as well as any admin work and communication with Graphx Design Services. The deposit is non refundable.
6. Graphx Design Services shall expect the Client to carry out sufficient research before proceeding with a Project. This will include checking that the project/idea/business will operate legally. Graphx Design Services cannot be held liable for any illegal activities or Content involved with Project as it is the sole responsibility of the Client.
7. It is important for the Client to keep in contact with Graphx Design Services throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the client placed their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a £50 admin charge if the client later returns and wishes to continue work on their project.
8. Where images used on the project have been purchased by Graphx Design Services on behalf of the Client, these images are strictly for use on the project only. Graphx Design Services are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
9. Graphx Design Services cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Graphx Design Services.
10. Client and Graphx Design Services may disclose confidential information one to the other to facilitate work on the Project. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that is already known to the party to whom it is disclosed; is or becomes part of the public domain without breach of agreement; is obtained from third parties, which have no obligations to keep confidiential to the parties to this agreement.
11. Graphx Design Services will provide the Client with an expected completion date for the Project if requested. Graphx Design Services will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by Graphx Design Services is purely an estimate. The Client should be aware that failure to submit required information and Content may cause subsequent delays in the production of the Project. Client delays could result in significant delays in delivery of finished work.
12. It is the Client’s responsibility to check with Graphx Design Services whether Open Source Software is being used or not. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Graphx Design Services or the Client.
13. Graphx Design Services own all design work until final payment has been received in full. Once final payment is received, the Client will then own the final design, unless Open Source Software is used in relation to website projects [see Item 12]. Stock Images may have been purchased by Graphx Design Services for the Client, unless the images have been supplied by the Client. Stock Images purchased by Graphx Design Services are licensed only for use on the project.
14. All Content displayed on the Clients Project will only be used after authorisation by the Client and is the sole responsibility of the Client regarding usage and copyright. Any legal issues arising from the content supplied are sole responsibility of the Client and therefore the Client is liable.
15. It is the responsibility of the Client to renew their Domain name and web hosting when due. If Client’s Domain name or Web hosting expire, Graphx Design Services cannot be held liable for this. The management of the Domain name and Web hosting are the full responsibility of the Client. The Client has full responsibility in making sure that the domain name and web hosting is renewed when due.
16. Graphx Design Services has no control of, or responsibility for, the content of Clients’ project. In no way does the textual or image based Content of our Client’s project’s constitute Graphx Design Services endorsement, or approval of the project or the material contained within the project. Graphx Design Services has not verified any of the materials, images or information contained within our Client’s project’s and is not responsible for the content or performance of these project’s or for the Client’s transactions with them. Graphx Design Services provides links or references to our Client’s project’s solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client project at all times.
17. If Project is a website then installation of website on Clients Web hosting is limited to the uploading of all necessary files to Client’s Web hosting, and testing of functionality.
18. Changes in Client input or direction or excessive changes will be charged at our hourly rate. Any work the Client wishes Graphx Design Services to create, which is not specified in the confirmation order email and proposal will be considered an additional service. Such work shall require a separate order and payment.
19. Graphx Design Services can take no responsibility for services provided by third parties through us or otherwise, including but not limited to the Domain name and Web hosting of Client’s website.
20. If Project is a website then Graphx Design Services shall place a small text link on the footer of a Clients website that simply states the website was designed by Graphx Design Services and links to our company website.
21. Client agrees to indemnify and hold harmless Graphx Design Services against any and all claims, costs, and expenses, including attorney’s fees, due to material included in the Project at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
22. Graphx Design Services do not guarantee any specific placement or ranking on Search Engines, it is the Search Engines and not Graphx Design Services that determine whom they list and the way in which they display these listings.
23. Graphx Design Services are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s project. The Client is solely responsible for any information or files relating to its project.
24. Under no circumstances will Graphx Design Services be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. Client should ensure that data on their website is regularly backed up and that a contingency plan is in place to minimise possible losses as a result of software failure.
25. All rights not expressly granted hereunder are reserved to Graphx Design Services, including but not limited to sketches, comps or other preliminary materials.
26. Graphx Design Services reserve the right to assign other designers or subcontractors to the Project to ensure quality and on-time completion.
27. Client shall reimburse Graphx Design Services for any expenses necessary in completion of the Project, such as Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock Photography, Travel. All expenses will be added to the final invoice.
28. Graphx Design Services accept BACS and Cheque as payment method.
29. Either party may terminate a Project by giving 30 days written notice to the other of such termination. In the event that the Project is postponed or terminated at the request of the Client, Graphx Design Services shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under these terms and conditions. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Graphx Design Services and Graphx Design Services shall own all rights to the work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
30. The Client and Graphx Design Services are independent parties and nothing in these terms and conditions shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Graphx Design Services has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
31. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales applicable therein.
32. By accepting the Project as laid out in the Proposal by the payment of the deposit for the Project the Client is deemed to have read, accept and agree to be bound by all terms and conditions hereunder.
33. The terms and conditions hereunder are governed by the laws of England and Wales. Jurisdiction for any claims arising shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Terms and Conditions of this Website
The term Graphx Design Services or “us” or “we” refers to the owner of the website.
The term “you” refers to the user or viewer of our website.
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or 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 and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• 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 signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Graphx Design Services prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
• Graphx Design Services makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.