Terms and Conditions
These Terms and Conditions are the standard terms of engagement from Redhead Graphic Design, of 31 Churn Meadows, Stratton, Cirencester GL7 2BE
means Redhead Graphic Design
means the client; the person/company (including their employees, agents or assigns), who purchases and/or receives the service(s) from us
means the services, including any goods and materials, detailed in the Project Specification to be supplied by us to you
“Project Specification / Proposal”
means our letter, email or other communication, For all orders (including online) to you setting out the basis on which we will work with you
means the Agreement between us and you which shall be deemed to incorporate these Terms and the terms on any individual engagement For all orders (including online).
means the price payable for Services, The prices are based on today¹s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation of accepted contract, we shall be entitled to charge such increases to you.
Unless the context otherwise admits words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.
Reference to any statutory provisions in this Agreement shall include any statutory provisions, which amends or replaces it.
Quotations are only valid for 14 days after the initial quote date.
Any price or quotations is subject to change at any point without notice, including advertised offers.
1. QUOTATIONS AND CONTRACTS
- Credit / Debit Cards
- online Payments
1.1 Any Project Specification / Proposal provided by us shall not constitute an offer and is only valid for a period of 14 days from its date of issue.
1.2 These Terms & Conditions and the Project Specification / Proposal provided by us constitute the entire Contract between the parties. Set out in 4 and 5.
1.3 The contract is considered to start when you have confirmed acceptance of our Project Specification / Proposal and these terms for all orders (including online), and we have positively acknowledged your acceptance and receipt of any advance payment we have requested. They will remain in force for the period specified in the Project Specification / Proposal.
1.4 Any Price provided by us may be revised by us, subject to the provisions in paragraph 4, in the following circumstances: If you materially amend the Project Specification to provide additional development Services not referenced or detailed within the original Specification.
1.5 If the scope of work to be undertaken was unclear at the time we provided the original price.
If it is discovered that there was a manifest error when the estimate was prepared.
1.6 The parties agree to do everything necessary to ensure that the terms of this contract take effect.
These Terms & Conditions apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.6 Any amendment or modification of this contract or additional obligation assumed by either party in connection with this contract will only be binding are sign for all orders (including online) or on any forms we send you by email or other form, sign by you or an authorised representative of each party.
2. DETAILED PROJECT SPECIFICATION
2.1 Services specific to this contract will be detailed in our Project Specification / Proposal.
2.2 Any additional work or variations to the Project Specification will only be undertaken upon acceptance of a separate agreement with all costs to be agreed by both parties, in writing, before work commences.
2.3 Either party is entitled to request a meeting to discuss such amendments, please note there are fees attached to meetings. Detailed in 4.
3. DELIVERY AND SERVICES
3.1 Services specific to this contract will be outlined in our Project Specification.
3.2 We will provide the services in accordance with your instructions. Unless otherwise specified in your instructions, all times, dates and prices are estimates only and may vary as a result of, without limit, the level of changes requested by you.
3.2 Redhead Graphic Design accepts no responsibility for deliveries being missed due to non payment. It is the customers responsibility to ensure that full payment is made before delivery can take place.
3.2 International transit times are approximate and may be subject to customs clearance. Local country restrictions apply. Redhead Graphic Design will not be held responsible for any delay of delivery of the goods with international deliveries.
3.2 Redhead Graphic Design cannot be held responsible for any customs and excise charges that may occur from the import or export of your goods.
3.3 We shall perform the services with a reasonable level of skill and care in accordance with a degree of skill, diligence, prudence and foresight which, as at the relevant time, would reasonably be expected from a skilled and experienced Graphic Designer seeking in good faith to comply with their contractual obligations.
3.3 We will perform the Services using our own staff. However, we reserve the right to sub-contract the whole or part of the work and, where necessary for compliance with Data Protection Regulations, we will inform you of the same.
4. PRICES AND PAYMENT
4.1 Prices specific to this contract will be outlined in our Project Specification / Proposal. For all orders (including online), we only quote for one design per kind, any additional are chargeable. For all orders (including online), we only quote for one design per kind, any additional are chargeable.
4.2 The specific payment schedule will be included in the Project Specification / Proposal; however, it should be noted that all clients will be asked to pay 100% in advance (including online).
4.3 All prices are in pound sterling.
4.4 Additional charges may be applied for travel (to meetings etc), accommodation and subsistence depending on the location where the services are to be provided and the duration of this contract. All additional charges will be agreed with you in advance.
4.5 NOTE: that any travel to *meetings (*including zoom) not agreed in the original specification, or any telephone calls exceeded 15 minutes will be charged for at our standard hourly rate of £50 per hour, or part thereof.
4.6 Any disbursements, such as purchase of computer consumables, image rights etc, incurred by us during the carrying out of the Services on your behalf will be invoiced separately if not included within the original Price quoted. No disbursements will be incurred without the Customers prior approval.
4.7 We accept payment by BACS/Faster Payment or PayPal. Our bank details and a PayPal link are on our Invoice.
Any queries relating to an invoice must be received within 3 days from the date of the invoice. Until a query is resolved you remain liable to pay the undisputed part of an invoice within the original timescale detailed on it.
4.8 If payment of the price or any part thereof is not made by the due date, we may:
4.9 Cancel the Contract or suspend any further provision of the services to you with immediate effect. Any such period of suspension shall be disregarded for the purpose of contractual time limits previously agreed for the completion of the services;
4.10 Exercise our statutory right to charge interest at 8% above the Bank of England base rate on late business debts under provisions in the Late Payments of Commercial Debts (Interest) Act 1998;
4.11 Apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder for overdue payment submitted to you. We shall be entitled to submit such reminders on a weekly basis once the fees have become overdue;
Charge you the costs of recovery of any outstanding amount including legal costs and disbursements.
4.12 If you terminate this contract prior to completion of the services but where the services have been partially performed, we will be entitled to pro rata payment of the price to the date of termination provided there has been no breach of contract on our part.
4.13 On completion of the project we will not provide designer files until full payment has been made.
5. CUSTOMER RESPONSIBILITIES
5.1 You acknowledge that our ability to provide the Services is dependent upon your full and timely co-operation (which you agree to provide), as well as the accuracy and completeness of any information and data you provide to us.
5.2 Accordingly, you shall provide us with access to, and use of, all information, data and documentation reasonably required by us for the performance by us of our obligations under this Agreement.
5.3 You shall comply, as soon as reasonably practicable, with all our reasonable requests for information or assistance.
5.4 Please note that the colour of the printed item will be affected by the type of material chosen for the artwork to be printed on, as well as any applied Lamination or Varnish. Redhead Graphic Design will not accept liability or responsibility for any variations in colour or any other defects or irregularities as a result of this.
5.5 Print proofs are NOT supplied as standard. Proofs must be requested by the person ordering at the time of ordering in writing, verbal confirmation will not be accepted. All proofs are subject to an additional charge unless otherwise agreed.
5.6 If whilst performing a standard or advanced (proofing) check, Redhead Graphic Design discovers that the Images provided by the customer is defective or incorrect, Redhead Graphic Design will notify the customer. It is the customers responsibility to either provide the corrected information/images, or give permission for Redhead Graphic Design to make the necessary changes (charges will be applicable). If the customer chooses to proceed without making the advised corrections, then they do so at their own risk. We will not be held responsible for any mistakes, viewing, spelling, punctuation, contact details or layout.
5.7 Once your brief has been sent, the design process usually takes one working day (this can occasionally vary depending on the size of the job) and you will be sent up to four rounds of proofs for your design. Unlimited changes can be made to your design with each of the four rounds although any changes made after the final round will be subject to additional costs.
All proofs must be checked thoroughly as once passed, all proofs are deemed correct and ready to go print and the responsibility passes to the customer. You will need to view all proofs at 100% to see the exact size of your product when printed. We will not commence print until we have received a copy of the final proof with a written confirmation to go to print, via email, fax or post.
5.8 Final proofs must be signed off by the customer in writing, and the sign off email received by Redhead Graphic Design, on the day that the proof was sent, in order to receive the prints for the agreed deadline.
5.9 All artwork is printed using CMYK unless otherwise requested by the customer. Such a request will incur an additional fee.
5.10 If we have not been notified after 14 days a 5% charge of the total value of the original order will be made plus a £10.00 administration fee.
5.11 We charge £199.99, £299.99, £349.99, *£699.99 for our logo design services for the first 4/*8 proofs. We then charge £50.00 an hour for any changes to any files that have been signed off and delivered to you via email, google drive or ther such delivery method chosen by us.
5.12 We reserve the right to throw away your job after 28 days of ordering. Please note you will still be liable to pay the full charge of the total value unless the job is cancelled within the 28 days to which the cancellation charges will apply.
6.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
6.2 Redhead Graphic Design accepts no responsibility for deliveries being missed due to non payment. It is the customers responsibility to ensure that full payment is made before delivery can take place.
6.3 International transit times are approximate and may be subject to customs clearance. Local country restrictions apply. Redhead Graphic Design will not be held responsible for any delay of delivery of the goods with international deliveries.
6.4 We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
7. ARTWORK RELEASE
7.1 On delivery of the completed Project you will complete, sign, date and return to the us our standard Project Release Form.
7.2 The Project Release Form will release us from undertaking further work related to the Project. We may however undertake additional work as requested by you either directly or indirectly related to the completed Project. Such work to be undertaken under our standard terms of business.
8. CONFIDENTIAL INFORMATION
8.1 Both parties shall keep confidential the specific terms of this Agreement and Project and not disclose them save to such employees or contractors as need to know the relevant information for the purposes of performing the Project detailed in this Agreement.
8.2 The parties agree that all information marked "Confidential", or where not marked it is reasonable to judge such information as confidential, shall not be disclosed at any time during the Project or for a minimum period of 2 years after the completion of the Project, except where such disclosure is required by law or by order of a court in the jurisdiction of England.
8.3 The parties further agree that all information marked as a "Trade Secret" and reasonably judged to constitute a trade secret shall not be disclosed at any time during or after the expiry of this Agreement, except where such disclosure is required by law or by order of a court in the jurisdiction of England. Confidential information and Trade Secrets shall consist of, but not necessarily be limited to technical, commercial, financial, operational, marketing or promotional information or data.
8.4 Nothing in this clause shall restrict either party, subject to obtaining the permission of the other, from discussing the existence of this Agreement, the nature of the Services to be delivered under it or the nature of the relationship between the parties.
8.5 We will comply with the relevant Data Protection laws in storing and processing any personal information you provide to us.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You undertake to secure all copyright and any other appropriate licenses, clearance or consents where required for the content and materials to be used during the Project.
9.2 You grant to Redhead Graphic Design for the term of this Agreement and Project a non-exclusive, revocable, royalty-free license to use its name, logos, trademarks or devices ("Intellectual Property") for the purposes of creating the Project.
9.3 Neither party shall make any claim to the other party's content, materials or services during or after the expiry of this Agreement.
9.4 Neither party shall make any claim to the other party's trademarks or register or cause to be registered or apply for a materially similar trademark or imitation of a trademark during or after the expiry of this Agreement.
Neither party shall register or cause to be registered any company name materially like that of the other party.
10.1 You confirm that to the best of their knowledge and belief that the content and materials supplied by the Client for the purposes of the Project are not blasphemous, defamatory or obscene and do not breach any applicable law or regulation.
11. INDEMNITIES and LIMITATION of LIABILITY
11.1 Neither party shall be liable to the other under this Agreement in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential or loss whatsoever.
11.2 You agree to indemnify us against any claims, damages, losses, costs and expenses which we may sustain or incur in relation to any content and materials which you provide, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.
11.3 We agree to indemnify you against any claims, damages, losses, costs and expenses which you may sustain or incur in relation to breaches of clauses 8 and 9 of this Agreement committed by us.
11.4 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
12. REFUNDS AND PROJECT TERMINATION
12.1 If you cancel a project prior to completion the following shall apply:
12.1 Once your design project is initiated and any preliminary artwork has been created by Redhead Graphic Design, all retainer payments made by you become non-refundable be that online or offline.
12.1 You must pay for all additional expenses and commitments that have been incurred and cannot be cancelled;
A cancellation fee will also be applied as follows:
12.1 If you cancel after (5) days a 5% charge of the total value of the original order will be made plus a £10.00 administration fee.
12.1 Redhead Graphic Design reserve the right to rectify defective work by re-artworking/printing and shall not be liable to refund.
12.1 If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so.
12.1 If you do opt to have work re-done by a third party without reference to us you automatically revoke your right to any remedy from us.
12.1 All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
12.1 Either party shall be entitled to terminate this Agreement forthwith at any time by written notice to the other party if:
The other party commits a breach of any of the terms of this Agreement (and if the breach is capable of remedy) fails to remedy the breach within 30 days after receipt of notice in writing to do so; or
12.1 The other party becomes subject to an administration order; a receiver or administrative receiver or similar is appointed over, or an encumbrancer takes possession of any of the other party’s property or assets; the other party enters into an arrangement or composition with its creditors, ceases or threatens to cease to carry on business, becomes insolvent, or ceases to be able to pay its debts as they fall due.
12.1 All notices of termination of the contract should be submitted to the other party in writing.
12.1 On the termination of this Agreement any completed parts of the Project already delivered to you or test examples of the Project not already paid for by you must be returned to us. You shall not be entitled to retain any copies of the returned Project, parts or test examples of the Project.
12.1 Any termination of this Agreement shall be without prejudice to any rights accrued in favour of either party in respect of any breach committed prior to the date of (or giving rise to) such termination and to those provisions of this Agreement which are by their construction intended to survive such termination (including, without limitation, clauses 9 and this clause 11).
13. COMMUNICATION AND CONTACT
13.1 Redhead Graphic Design are committed to providing their Clients with a high-quality service that is both efficient and effective. If you would like to discuss how their service could be improved or if you are dissatisfied with the service you are receiving, please let them know by contacting , or calling Jacky on 07766 200538.
13.2 Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery.
13.3All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
13.3 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice.
13.4 Redhead Graphic Design requires any printing to be returned in full before agreeing to reprint. If Redhead Graphic Design deem the printing to be of sufficient quality, and within tolerance we reserve the right to return the goods and refuse a reprint or refund.
14. FORCE MAJEURE
14.1 Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil disorder or industrial dispute. If such delay or failure continues for a period of at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Agreement by notice in writing to the other.
15. Joint Venture or Partnership
15.1 Nothing in this Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party.
16.1 The Client undertakes during the Project development period and for a period of six months after its completion not to directly or indirectly solicit or induce any of the Redhead Graphic Design's employees to leave the employment of Redhead Graphic Design whether to work on a freelance or consultancy basis or to be directly employed by the Client.
17. OTHER IMPORTANT TERMS
17.1 This contract represents the entire agreement between the parties in respect of the services and shall prevail over any conditions contained or referred to in any of your documents or otherwise.
17.1 If any part of this contract is found to be void or un-enforceable by any Court of competent jurisdiction, such part shall be severed from this contract, which will otherwise remain in full force and effect.
17.2 These Terms shall remain in force until altered in writing and signed by both parties.
17.3 The failure by us at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.
17.4 You may not assign this contract or any rights or obligations under it without our prior written consent.
17.5 Unless otherwise agreed and subject to the application of the then current prices, these Terms of Business shall apply to any future instructions given by you to us.
17.6 A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
19. GOVERNING LAW AND JURISDICTION
19.1 Voucher codes Redhead Graphic Design supply can not be used in tandem with any other voucher codes or offers.
19.1 Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.