Terms and conditions
Definitions:
Us/We – Growler Design. You – either you as an individual client or the company for which you work. Project - The agreed estimated project for which this contract is being drawn up. Concept/Conceptual work – The ideas created by Growler Design for this project, (also known as intellectual property). Design/Design work - The design and style created for this project by Growler Design.
Variations to the Terms and Conditions
1. Any variations or special terms implemented for this legally binding agreement can only be authorised by Simon Morrison. Any such variations will only be effective when set out in writing.
Our Rights and Responsibilities
2a. We agree to carry out the project work given to us by you, carrying out the requirements and agreements as set out in the original quotation provided by Growler Design. Please note that we do not take any kind of responsibility for deadlines not being met due to circumstances beyond our control for example; a deadline not being met due to necessary items for the project not being given to us by you when required in order to complete the project.
b. We reserve the right to cancel any contracts made with you at any time. However, in doing so you would be entitled to a 50% refund of the amount paid so far covering design cost only so long as all monies owed to Growler Design and / or other third parties have already been paid in full. In this rare eventuality, if you do choose to accept the 50% refund then you would not be entitled to any further compensation or damages and would not be permitted to use any artwork or ideas created by us whatsoever. If you choose to turn down the 50% refund then you would be permitted to use any artwork or concepts created by Growler Design to date, so long as all monies owed to Growler Design and / or other third parties have already been paid in full. We would then leave the project and all its contents belonging to you, (i.e. materials, ideas and intellectual aspects, web pages, texts and images created by Growler Design) and Growler Design would then have no other responsibility for this project or to yourself. You may then complete this project with another company and you would not be entitled to any further compensation or damages. In either eventuality, all materials belonging to you or your company would be returned in full.
c. We are entitled to terminate all contracts if the design and / or external body costs are not paid in full within 14 working days of an invoice being sent. This applies to all stages of payment (see section 3e).
d. The copyright and all design rights of whatever type of all concepts and designs created by Growler Design for this project will remain with Growler Design at all times and you are prohibited from reproducing them in any way, shape or form should you terminate your contract with us unless agreed otherwise in writing.
e. We agree that once all agreed payments have been settled by you, you will then be entitled to use all of the designs and concepts created for you by Growler Design in any way you wish and for as long as you wish. However, you also understand that the copyright of all concepts and designs for you by us for this project shall remain with Growler Design and that we will have the right to them in any way, shape or form in which we feel fit, including the promotion of our business, unless otherwise agreed in writing.
f. We have the right to terminate any agreements made if your copy, photographs or illustrations are not given to us by the date and time we specify in writing, or if they are unsuitable for publication, including, but not limited to, that they may infringe on the legal rights of others, or subject us to lawsuits, claims, prosecution, criticism or cause Growler Design embarrassment. In such a case, you would not be entitled to any kind of refund, discount or compensation.
g. Unless otherwise agreed in writing, the design budget with Growler Design covers design and conceptual work only and does not include the cost of materials or outside bodies such as printers, programmers, illustrators, animators, photographers, copywriters, proof-readers or other agencies which may or may not be needed during this project. We do not take responsibility for the words, actions or written material of these external third parties in any way, shape or form.
h. We accept copy, photographs or illustrations from you on the understanding that you have unconditionally approved them for publication, taking into account aspects of spelling, grammar, punctuation and context.
i. We will ask you to check very carefully the final proof(s) we show you before publication. Once we have made all the necessary changes and / or corrections that you require Growler Design cannot then be held responsible for any spelling or grammatical errors, misprints or omissions from that point onwards.
j. We agree that whilst undertaking projects given to us by you, we will treat all copy, photographs, illustrations, policies, designs and concepts strictly confidential until the project is complete, published and released for public and / or internal viewing (unless specified otherwise in writing). However, Growler Design cannot be held responsible for the actions of external bodies in leaking confidential material.
k. You understand that only the most recent estimates sent by us are actually valid for this project. It is useful to keep a note of the reference number we give when receiving estimated projects.
l. You accept that Growler Design cannot be expected to meet any agreed deadlines if artwork or texts required from you for this project are not handed to us promptly and within agreed timescales.
m. You agree to indemnify Growler Design against all claims, demands, legal proceedings, expenses, losses and / or damages, or any other liability which may arise from processing or publishing any information or material which you gave to us. This would include, but is not limited to, any claims that may arise as a result of illegality, defamation, false description, libel, slander or breach of any rights (intellectual or otherwise) of a third party.
n. You agree that title to any physical materials you supply to us for the duration of this project shall vest in us until all payments are made to Growler Design in respect of all outstanding accounts.
o. You agree that you will not use the Growler Design name, trade style or logo on any reproduced items without the formal and written consent of Growler Design.
p. You agree and understand that all materials, ideas and intellectual aspects, web pages, texts and images created by us remain the property of Growler Design for the duration of this project and may be withdrawn if either you or Growler Design decides to terminate this contract or if you fail to pay any outstanding costs . This may include the taking down of any or all web pages created for you by Growler Design and you would still be liable to cover all monies owed to Growler Design and / or any other third parties involved in the project. If/when all costs are paid in full, services would then resume, the project would continue and web pages put back online. You agree to pay in full all costs laid out by Growler Design in our estimate(s) unless the contract is terminated by Growler Design in which case other clauses in this document will apply.
q. Although we at Growler Design will certainly put our best efforts into completing this project to a mutually satisfactory level of quality and workmanship, you agree that our commitment lies with the fulfilment of the criteria listed within the quotation we provided. So long as we have fulfilled the aspects listed in the original quotation, you agree to pay all outstanding costs to Growler Design and/or other third parties regardless of whether the final item(s) produced are to your liking or not. In the very rare instance where the final items are not to you liking, it is usually the case that some kind of mutually agreeable solution is provided by us in order to please both parties. However, if further work is to be produced in order to achieve this then further design costs may apply.
Your Rights and Responsibilities
3a. You agree to Growler Design creating all designs and conceptual work during the project/s. (See section 3e).
b. You have the right to terminate the contract with Growler Design at any stage for the duration of this project, but you also realise that you must pay all outstanding costs to date in full to Growler Design and / or any other external bodies used in this project. You also understand that there is a £100 standard cancellation fee incurred if you do this which you agree to pay if terminating the project.
c. You do however have a 7 working day period from the date of signing the contract for this project to make a cancellation without any charges incurred. If you do this, we must receive your cancellation in writing within that period of time.
d. You agree that if you require us to carry out more work than that stated in the original quotation given to you by us for this project, then that extra work shall be charged at the hourly rate of £50 unless agreed otherwise in writing by Growler Design. We will always give you advance warning that you may be about to go over the agreed limits as specified in the original quotation and will not go over the limits or charge you extra costs without informing you first.
e. You understand that this project has been set at the Growler Design ongoing rate of £50 per hour for design and conceptual work and that this will be invoiced to you on an ongoing basis. A computerised timesheet shall also be kept for this project and is available for viewing on request.
f. You agree to pay the deposit required prior to work commencing within 5 working days of the date shown on the invoice sent. You must understand that if you have not paid the required amount within the 5 working day period then Growler Design will have the right to terminate all contracts made with you. (See section 2p).
Terms are 40% total estimated costs in advance, 40% paid after first drafts are sent, the balance paid after sign off. Final Artwork will be sent after balance has been paid; If any stage of the project is delayed longer than 60 days, we will bill for any additional work completed to date.
We maintain the right to cease all work activities for your project until the required payment is received. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
g. The copy, photographs or illustrations you give us must be accurate, approved, decent, legal and truthful. You must be authorised to use any trade names, British Standard Marks, quality assurance marks, logos or other material(s) used in this project. Growler Design accepts absolutely no responsibility for any kind of legal proceedings made against your company as a remit of copyright infringement of a third party during or after the completion of this project.
h. You agree that the onus for avoiding copyright legal issues resides with you and it is your job to research (if necessary) any design that may clash with what Growler Design provides. This may involve specialist legal advisors, the Patent Office and / or searching design databases the costs of which shall be incurred by you, not Growler Design. Although we at Growler Design will always try to produce original artwork, ideas, designs and concepts, we cannot take responsibility for design searches not being undertaken and then possible future lawsuit arising due to our design and concepts clashing with those of another artist. You agree to indemnify Growler Design against all claims, demands, legal proceedings, expenses, losses and / or damages, or any other liability which may arise from processing or publishing any information or material which you gave to us. This would include, but is not limited to, any claims that may arise as a result of illegality, defamation, false description, libel, slander or breach of any rights (intellectual or otherwise) of a third party. Before accepting any artwork given to you by Growler Design, we strongly advise that you make checks to make sure it does not clash with the artwork of any other individual or company.
i. At Growler Design we always try to provide you with as many photographic images, illustrations, drawings and other related designs as we can physically produce ourselves however, there may be some items which are unfeasible for us to produce on our own. As such, you fully understand and agree that what we do provide for you for this project is entirely at our own discretion.
You agree that on some occasion third party outside bodies such as programmers, illustrators, animators, stock libraries, photographers or other agencies may be needed and that the cost for these outside bodies will be charged as extra items on top of the agreed design budget, unless otherwise agreed. Growler Design will never involve third parties without your prior knowledge, agreement and consent. You have the right to decide not to use any outside bodies whatsoever.
j. You understand that the colour proofs shown to you by Growler Design for either a print or multimedia based project cannot be guaranteed as a totally accurate representation of the final design piece. They must be treated as a guide only please be aware that items printed on uncoated papers may appear slightly faded and that colours for multimedia based project will appear differently on different makes and models of computers and monitors. Unfortunately, Growler Design cannot guarantee that multimedia project will be fully effective on future makes, models and versions of computers and / or software as such you agree not to hold us responsible for future incompatibility issues.
k. The colours on printed items, signs and vehicle liveries may fade after time due to sunlight or weathering. As such you agree that Growler Design cannot take responsibility for this as it is out of our control. You also agree that Growler Design cannot take responsibility for any other production and / or materials problems which may arise and are beyond our control.
l. You agree that if you decide not to print with us, any print payment issues must be resolved fully between you and your printers and will not involve Growler Design. If however, you do decide to print with us, you agree to pay all print costs before the job is printed and that Growler Design cannot refund this money unless we are refunded ourselves for any mistakes made by our printers. If you are not satisfied with the print quality for whatever reason in terms of quality, unwanted ink marks, cuts or tears, you agree to take up this matter with our printers and if any legal proceedings are taken up with our printers, you will not involve Growler Design.
m. You understand and agree to the fact that unless stated otherwise, the final agreed design budget does not include the following: any necessary software programmes for the project, training you or any of your staff in the use of any computer software programmes, the buying of images or fonts from image or font libraries, materials and transport costs, printing, web hosting, the regular updating of internet websites, adding details to search engines, writing copy and liaising with outside bodies such as photographers, illustrators etc. (which will be charged at £50 per hour plus transport costs). Please ask for a separate Growler Design quote or make separate arrangements if any of the above are required for this project.
n. You understand and agree that although Growler Design will recommend (and in some cases supply on disk, CD or otherwise) the necessary typefaces, clip-art images, picture images or stock photography required for this project, the responsibility for the copyright usage and the buying of the license(s) for use of these items will be yours and / or the company for which you work. You agree to indemnify Growler Design against all claims, demands, legal proceedings, expenses, losses and / or damages, or any other liability which may arise from action taken for copyright infringement or illegal usage associated with the above said items. We at Growler Design will of course never use any of the above items without your prior knowledge, agreement and formal consent.
Agreement Notice
4. By accepting these terms and conditions and paying the invoice given to you by us, you agree on behalf of you and / or your company to all the terms and conditions laid out here by Growler Design for the project we are about to undertake as stated in the original quotation we provided. You are aware that you are entering into a legally binding agreement and that failure to abide by the terms and conditions laid out within this contract may result in legal action being taken by Growler Design.
We sincerely hope that such action is never required and thank you for your time and patience in reading and understanding the aspects laid out in this document, as it is very important to state all aspects clearly in writing before any projects can take place. If you have difficulty agreeing to any of the aspects of the sections contained within this document then please don’t hesitate to contact us on the number shown below.
Where possible we will always try to resolve any problem that may arise as quickly as possible without the need for legal action being necessary. We like to keep an informal, but clearly stated arrangement with our clients and do view legal procedures only as a final resort.
