The following terms and conditions apply to all branding, print and digital design services and website development provided by Graphite Studios (UK) Ltd to The Client. Please read these terms and conditions carefully.
It is not necessary for The Client to have signed an acceptance of these terms and conditions for them to apply. If The Client accepts a quote then The Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Any use of our services implies that you have read and accepted our terms and conditions.
Costs for services are provided by Graphite Studios (UK) Ltd and defined in the quotation. Quotations are valid for 30 days. All costs provided exclude VAT. VAT is added where applicable.
Quotations are approximates only, unless an hourly fee or a fixed price has been agreed upon. Final fees and expenses shall be shown when the invoice is raised.
Unless otherwise agreed, website services will be approached in ‘phases’; 20% of the project quotation total at initial design. A second charge of 50% during the development and the remaining 30% due upon completion. Payment details will be made available on invoices.
3. Client Review
Graphite Studios (UK) Ltd will provide the Client with an opportunity to review designs phases and website development. At the completion of the project, such materials will be deemed to be accepted and approved.
4. Changes to work
Additional charges will be incurred if extra/additional work is requested by The Client that were not part of the original project scope or through no fault of Graphite Studios (UK) Ltd.
Costs provided allow for a maximum of 2 sets of client amends. After which time and within reason, additional charges may be payable if there are significant variations. Any additional costs to be agreed prior to work commencing.
Graphite Studios (UK) Ltd will provide a project completion date agreed with The Client. In return, the Client agrees to co-operate with Graphite Studios (UK) Ltd with progressing the project in a satisfactory and expedient manner.
During the project, Graphite Studios (UK) Ltd will require The Client to provide content; logos, text, images etc and approval. Graphite Studios (UK) Ltd will not be held liable if the project over-runs due to delays caused by The Client.
The Client should be aware that a variety of factors often cause variance in colours. For instance The Client’s printer, print process, stock, individual preferences (ambient light, monitor settings). As a result of this Graphite Studios (UK) Ltd is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by The Client. For printed items, The Client can request a ‘wet-proof’ at an additional cost. Graphite Studios (UK) Ltd does not accept any responsibility for colour variations as a result of these factors.
Invoices will be provided by Graphite Studios (UK) Ltd upon completion of the project. Invoices are sent via email. All invoices are payable within 30 business days of receipt. Accounts that remain unpaid after the date of the invoice will be assessed and a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
8. Additional Expenses
The Client agrees to reimburse Graphite Studios (UK) Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
9. Suppliers & Third Party Contractors
Graphite Studios (UK) Ltd may commission a contractor (“Third Party Contractor”) to carry out work. We pay the charges of Third Party Contractors and incorporate them within our own fees. Graphite Studios (UK) Ltd takes care in selecting and instructing a Third Party Contractor. However, Graphite Studios (UK) Ltd has no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.
Graphite Studios (UK) Ltd recommends that Clients use our preferred suppliers, who provide competitive quotations and ensure high quality is maintained until delivery of the final product. We provide a complete supplier management service. Although Clients are not contract-bound to use this service, it is recommended for quality control and peace of mind. If The Client prefers to use their own supplier, artwork will be sent directly to The Client to manage, and Graphite Studios (UK) Ltd will not accept any responsibility for the process or final output.
10. Web Browsers and websites
Graphite Studios (UK) Ltd makes every effort to ensure websites are designed to work with the most popular current browsers (e.g. Firefox, Safari and Google Chrome). The Client agrees that Graphite Studios (UK) Ltd cannot guarantee correct functionality with all browser software across different operating systems.
For all web related projects, unless specifically stated, The Client will retain 100% ownership of the website design and files (ownership is not applicable to proprietary software, plug-ins and content management systems).
Accounts unpaid 30 days after the date of invoice will be considered in default. If The Client in default maintains, Graphite Studios (UK) Ltd reserve the right to withhold supply of artwork and, in case of web services; this includes recalling of the website.
Graphite Studios (UK) Ltd retains ownership of all original artwork, whether preliminary or final, until final payment has been made. Removal of such material does not relieve The Client of the obligation to pay any outstanding charges assessed to The Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and The Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Graphite Studios (UK) Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Graphite Studios (UK) Ltd in enforcing these Terms and Conditions.
Termination of services by The Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. In the event of cancellation of a project that’s already commenced, ownership of all copyrights and the original artwork shall be retained by Graphite Studios (UK) Ltd. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Graphite Studios (UK) Ltd services may be used for lawful purposes only. You agree to indemnify and hold Graphite Studios (UK) Ltd harmless from any claims resulting from your use of our service that damages you or any other party.
14. Access Requirements
If The Client’s website is to be installed on a Third Party Server, Graphite Studios (UK) Ltd must be granted temporary access. All such data recorded by will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance of quotation constitutes agreement to and acceptance of these Terms and Conditions.
16. Governing Law
This Agreement shall be governed by English Law.
Graphite Studios (UK) Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Graphite Studios (UK) Ltd to The Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Policy updated: Monday 26th March 2018