1.1 In these Terms and Conditions, “the Customer” means the person, firm, or entity commissioning the services of The Graphics Garden (“the Designer”).
1.2 By commissioning the Designer to undertake work (“the Project”), the Customer agrees to be bound by these Terms and Conditions of Trading, which define the working relationship between the Customer and the Designer.
1.3 All Projects that the Designer may be contracted to undertake for the Customer will be subject to these Terms and Conditions.
1.4 The Customer agrees to read these Terms and Conditions prior to confirming a Project. A copy of these Terms and Conditions can be found at www.graphicsgarden.co.uk/terms.html and is also included in all email correspondence prior to commencing the Project.
2.1 If requested, the Customer will receive an estimate outlining the Project specifications, including the estimated fees for the Designer’s time based on the current hourly rate, and (where appropriate) any goods and professional services commissioned by the Designer to complete the Project. Any services not included in the estimate do not form part of the contract. The Customer agrees to check that the estimate is accurate before work commences.
2.2 If the Customer does not request an estimate, all design work undertaken by the Designer 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 upon the Customer’s written, emailed, or oral approval of the estimate. Such approval constitutes a valid contract between the parties.
2.5 The Customer agrees to pay the Designer in accordance with the payment terms specified in each estimate or, if no estimate is provided, in accordance with the Designer’s standard hourly rate.
2.6 If the Customer does not use the resulting design work, the Designer reserves the right to charge for the work undertaken, up to and including all hours spent on the Project.
3.1 Payment is due in full within one calendar month from the invoice date.
3.2 New or previously late-paying Customers may be required to pay between 50 percent and 100 percent of the Project cost before work can begin. Any remaining balance is payable upon artwork approval. For Projects lasting longer than one month, the Designer will invoice monthly for all work carried out during that period.
3.3 The Designer reserves the right to withhold completion or delivery of work if past-due balances remain unpaid.
3.4 The Designer reserves the right to charge interest on past-due balances at a rate of eight percent per annum.
3.5 If the Customer fails to make payment within the agreed timeframe, the Designer reserves the right to pursue legal action to recover the outstanding balance. The Customer will be responsible for all legal fees and collection costs incurred in recovering overdue payments.
3.6 The Customer will also be responsible for all charges and expenses incurred directly or indirectly by the Designer in obtaining payment of outstanding accounts.
4.1.1 The Customer agrees to provide, in a timely manner, any information and content the Designer requires to meet any specified deadlines. The Designer is not liable for missed deadlines that arise from delays in receiving information from the Customer.
4.1.2 Any new work requested by the Customer and performed by the Designer after an estimate has been approved is considered a revision or alteration and will be charged at the Designer’s hourly rate.
4.1.3 If the job changes to the extent that it substantially alters the original Project specifications, the Designer will submit a revised estimate to the Customer. Any additional fee must be agreed upon by both parties before further work proceeds.
4.1.4 Alterations requested after layouts or mechanicals are completed will be charged at the Designer’s standard hourly rates.
4.2.1 It is the Customer’s responsibility to check all proofs for accuracy, including but not limited to prices, spelling, dimensions, and distances. The Designer accepts no responsibility for errors identified after the Project has been completed.
4.2.2 The Designer is not liable for errors or omissions arising from its reliance on information supplied by the Customer.
4.2.3 By sending the project to print, the Customer confirms that they have fully proofread the final version and are happy with every aspect of the design.
4.2.4 If the Designer arranges printing services, the Customer (or its authorised representative) must provide written or email approval of all proofs or artwork prior to release for printing or other implementation.
4.2.5 If the Designer has arranged printing services, the Designer shall not be held liable for any errors made by the printing company during the production of the product. The Customer and Printing must collaborate under a separate contractual agreement.
4.3.1 Estimates are based on a reasonable time schedule. The Designer may revise estimates to reflect “Priority Scheduling” where overtime or weekend work is required.
4.3.2 Knowledge of the Customer’s deadlines is essential to provide an accurate estimate. The Designer may adjust rates in respect of urgently required work.
4.4.1 Some printers’ terms permit delivery of quantities over or under the quantity ordered (within a margin of +/- 10 percent) and to charge accordingly. The Customer agrees to accept such over-runs or under-runs within this tolerance, and the Designer will invoice the Customer for the actual quantity delivered.
5.1.1 Under no circumstances will the Designer be liable for losses specific to the Customer’s circumstances or for direct or indirect losses including, but not limited to, loss of profit, property damage, or wasted expenditure.
5.1.2 The Designer’s liability will not exceed the total contract fees for the Project, and those fees have been calculated on the understanding that this limitation of liability is part of these Terms and Conditions.
5.2.1 The designer is not responsible for any indirect losses that may result from their work. This includes things like lost income, lost data, or missed business opportunities, even if the possibility of such losses was known in advance.
5.2.2 If the designer is found to be responsible for any issue related to the project, the maximum amount they can be required to pay will not exceed the total fees paid for the project.
5.3.1 The Designer will take all reasonable precautions to safeguard property entrusted to it. In the absence of negligence on the Designer’s part, however, the Designer is not responsible for loss, destruction, damage, or unauthorised use of such property by others.
5.4.1 All notices, requests, claims, demands, and other communications must be in writing and provided by:
5.4.2 All notices become effective upon receipt by the intended recipient.
5.4.3 Notices must be sent to the Designer at the following address: Elizabeth Porter. The Graphics Garden, 35 Wellington Hill, Horfield, Bristol, BS78SP
5.5.1 If the Designer refers the Customer to another organisation for purposes outside the Designer’s remit, the Designer will not be held responsible for any subsequent dispute between the Customer and the referred organisation.
5.6.1 The Designer will endeavour to store digital files for six months after final delivery. After this period, the Designer reserves the right to delete or discard any files without further notice.
6.1.1 The Customer warrants that all materials and information provided to the Designer comply with trademark, copyright, and patent requirements. The Customer is responsible for obtaining any necessary legal clearances, licences, or royalty payments prior to publication.
6.1.2 The Customer agrees to indemnify the Designer for any breach of trademark, copyright, or patent obligations.
6.2.1 The Designer may use licensed stock images and other third-party assets in the Project. The Customer is responsible for ensuring that the usage of these assets complies with licensing terms and for any copyright infringements or additional licensing costs that arise after Project delivery.
6.3.1 The Designer retains full ownership and copyright of all artwork and designs produced for the Project until full payment is received. The Customer may not reproduce, distribute, or otherwise use the artwork until the invoice is paid in full.
6.3.2 If the Customer rejects any concepts or requests significant changes, ownership of those rejected or unused concepts remains with the Designer. The Customer is not permitted to use any unpaid-for designs, concepts, or drafts in any form.
6.3.3 Any materials or property belonging to the Customer, as well as work performed, may be retained by the Designer as security until all amounts due are paid.
6.3.4 Once payment is made in full, the Designer will assign to the Customer the reproduction and intellectual property rights in the design for the use(s) described in the proposal.
6.3.5 The Designer reserves the right to photograph, distribute, and/or publish for its own promotional purposes any work created for the Customer (including initial sketches, visuals, mock-ups, and final products), for example in portfolios, social media, competitions, or marketing materials. If the Project is public facing, the Designer may use the publicly available artwork similarly. Should the Customer request a delay in such promotional use, the Designer will comply if reasonable.
6.4.1 If the Customer requires a Non-Disclosure Agreement (NDA), it must be requested, agreed, and signed before any work commences. If an NDA is in place, the Designer will not disclose confidential information without the Customer’s written permission.
6.5.1 The Customer agrees not to disclose or share the Designer’s proprietary techniques, workflows, pricing structures, or internal business information with any third party without prior written consent.
6.6.1 The Customer warrants that it has the legal right to disclose all personal data to the Designer for the purposes of fulfilling the Project.
6.7.1 The Customer will indemnify and hold the Designer harmless for any loss or expense (including legal fees) arising from the working relationship or from publication of materials prepared by the Designer that the Customer has approved. This includes, but is not limited to, claims made against the Customer and any of its services arising from the publication of materials that the Designer prepares, and the Customer approves before publication.
6.8.1 Neither party will be liable for delays or failure to perform due to circumstances beyond its 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 Customer fails to meet agreed production schedules, the final delivery date may be postponed accordingly.
7.1.1 Either party may terminate this Agreement immediately by written notice if:
7.1.2 Any notice given under this Agreement must be in writing and delivered by signed-for post or by email to:
Elizabeth Porter, The Graphics Garden. 35 Wellington Hill, Horfield, Bristol, BS7 8SP. Email: liz@graphicsgarden.co.uk
7.2.1 Upon termination of this Agreement:
8.1 The validity and enforceability of this Agreement will be interpreted in accordance with the laws of England. However, the Designer reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction.
8.2 Failure by the Designer to enforce any of these conditions will not be construed as a waiver of that condition or any other condition.
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 Personal Information Collected
9.3 How Your Information Is Used
9.4 Where Your Data Is Stored
Although no method of transmitting or storing data is completely secure, The Graphics Garden will take reasonable steps to minimise the risks of unauthorised access, misuse, disclosure, or loss.
If you have any security-related concerns, please contact Liz at admin@graphicsgarden.co.uk.
10.1 The Designer reserves the right to modify or update these Terms and Conditions and this Privacy Policy at any time without prior notice. Any such changes will be published online 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.