TERMS & CONDITIONS

The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Design by Gray. All design work is carried out by Design by Gray on the understanding that the client has agreed to abide by Design by Gray’s Terms and Conditions. Ownership of all work produced is retained by Design by Gray including design work, copy, concepts, ideas, proofs and illustrations until after all invoices have been paid in full (unless specifically released in writing). This excludes original design files created by Design by Gray which will remain the property of Design by Gray, unless otherwise agreed in writing. If multiple design concepts are submitted, only one concept is deemed to be given by Design by Gray as fulfilling the contract. All other artwork designs and original working design files remain the property of Design by Gray, unless agreed in writing.

Project Acceptance

At the time of proposal, Design by Gray will provide the customer with a written estimate or quotation by post or email as requested.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Design by Gray by email or post. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Design by Gray’s Terns and Conditions. No work on a project will commence until either document has been received by Design by Gray.

Design Fees

Fees for design services to be provided by Design by Gray, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms and Conditions, unless otherwise indicated in the estimate or quotation, a non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over £500.00. Work on the project will not commence until Design by Gray has received this amount.

Charges for Other Services

Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.

Payment

The client will be asked to provide artwork sign off before being issued with an invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charges. Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.

Returned cheques will incur an additional fee of £50.00 per returned cheque. Design by Gray reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Design by Gray shall be considered entitled to remove Design by Gray’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid.

This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Design by Gray reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to Design by Gray for inclusion in the customer’s brochure or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Design by Gray on behalf of the customer, will remain the property of Design by Gray and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment, unless otherwise stated in the project quotation. This excludes original working design files created by Design by Gray which will remain the property of Design by Gray, unless otherwise agreed in writing.

By supplying images, text, or any other data to Design by Gray, the customer grants Design by Gray permission to use this material freely in the pursuit of the design and to utilise the designs in Design by Gray’s portfolio unless agreed otherwise.

Should Design by Gray, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Design by Gray to remove and/or replace the file.

The customer agrees to fully indemnify and hold Design by Gray free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Design by Gray holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Design by Gray, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Design by Gray and any of it’s relevant sub-contractors.

All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Design by Gray will not be held responsible for any and all damages resulting from such claims. Design by Gray is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. 

The customer agrees not to hold Design by Gray responsible for any such loss or damage. Any claim against Design by Gray shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Design by Gray’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Design by Gray in electronic format as standard text (.txt), MS Word (.doc) on USB data stick, or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by Design by Gray. 

Images must be of a quality suitable for use without any subsequent image processing, and Design by Gray will not be held responsible for any image quality which the client later deems to be unacceptable. Design by Gray cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

Design Project Duration

Any indication given by Design by Gray of a design project’s duration is to be considered by the customer to be an estimation. Design by Gray cannot be held responsible for any project over-runs, whatever the cause.

Design Project Completion

Design by Gray considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

The customer also agrees to allow Design by Gray to place all designs on Design by Gray’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Rights of Refusal

Design by Gray will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Design by Gray also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Design by Gray does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Design by Gray to remove the contravention without hindrance, or penalty. Design by Gray is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or email, however, following this, Design by Gray will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Design by Gray within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Design by Gray makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Design by Gray will not be held responsible for any and all damages resulting from products and/or services it supplies. Design by Gray is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Design by Gray responsible for any such loss or damage. Any claim against Design by Gray shall be limited to the relevant fee(s) paid by the customer.

Design by Gray reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Design by Gray will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Design by Gray and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Design by Gray recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Design by Gray reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by Design by Gray and validated by the customer’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Design by Gray.