TERMS AND CONDITIONS

 

All Users of the graphic design services provided by Victoria Thomas Graphic Design, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.

The following constitute the terms and conditions under which Victoria Thomas Graphic Design trades and supplies its graphic design services. These conditions, in conjunction with the details as shown on the Victoria Thomas Graphic Design Order Form (if applicable) represent the totality of the agreement and forms the Contract between Victoria Thomas Graphic Design and you (the client).

Any agreed variation or alteration to part of these terms and conditions will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the original order will require to be the subject of a new order. Victoria Thomas Graphic Design is entitled to suspend services if the client does not adhere to any or several conditions of this Contract.  

1. Victoria Thomas Graphic Design’s Quote, Agreement Letter/Email and attachments can not be varied without the signature of Victoria Thomas Graphic Design. The Agreement Letter/Email with the terms form the entire agreement between Victoria Thomas Graphic Design and the client.

2. Victoria Thomas Graphic Design will require a non-refundable deposit payment from the client before any work commences. The deposit shall be 50% of the total contract value subject to a minimum of £60. Should the total contract value be below £60, the total contract is payable in advance. Client will pay all sums due to Victoria Thomas Graphic Design by return unless otherwise agreed. Printing costs of a project must be paid for in full with order unless otherwise stated.

3. Victoria Thomas Graphic Design reserve the right to cancel any agreement prior to cleared funds in settlement of the deposit being in their bank account.

4. Victoria Thomas Graphic Design may require interim payments if the contract is of such size that the project duration covers a number of months and these will be included within the agreed schedule or contract agreement letter/email. If such payments are required work on the project will cease if such payments become overdue. Any such additional payments will also be non-refundable.

5. Victoria Thomas Graphic Design will not be liable for any loss suffered by the client caused by the actions of any third party or for any loss suffered by the client caused by events not in Victoria Thomas Graphic Design’s reasonable control. Save in respect of death or personal injury caused by Victoria Thomas Graphic Design’s negligence, Victoria Thomas Graphic Design’s liability to the client arising out of Victoria Thomas Graphic Design’s breach of contract or negligence will be limited to the cost of the project as set out in Victoria Thomas Graphic Design’s Agreement Letter/email.

6. Victoria Thomas Graphic Design shall use such images and text as are provided by the client on the understanding that the client has all necessary legal permissions to use them. If this is not the case Victoria Thomas Graphic Design shall in no way be liable and the client will indemnify Victoria Thomas Graphic Design against any claims and the costs involved in dealing with any claim.

7. Upon completion of the project the client shall be required to sign a satisfaction statement. A final invoice will then be issued and will be due for payment by return (for clarity this means within 5 working days) then all files will be supplied upon receipt of payment.

8. Once the satisfaction letter has been signed Victoria Thomas Graphic Design shall not be liable for any claims made upon the client as a result of the design material produced by Victoria Thomas Graphic Design, its agents or subcontractors. The client shall not be able to make any claims on Victoria Thomas Graphic Design once the satisfaction letter has been signed.

9. Native files (layered original design files) are the intellectual property of Victoria Thomas Graphic Design and will not be supplied at the end of a project unless discussed and agreed prior to starting the project. Native files can be available at Victoria Thomas Graphic Design’s discretion and are chargeable at a rate decided depending on the project size, value and potential loss of work. When native files are supplied it will exclude any stock image and fonts used which are licenced to Victoria Thomas Graphic Design, it also excludes client support for edits.
The exception to the native files rule is logos; native files will always be included in the final files for logo work and inclusive of the original price.

10. If payment is not received by the due date set in Victoria Thomas Graphic Design’s invoice(s) Victoria Thomas Graphic Design reserve the right to charge interest at 5% above the base rate of Barclays Bank PLC.

11. Victoria Thomas Graphic Design may withdraw any service or published website if payment is not received by the due date.

12. Victoria Thomas Graphic Design may actively promote or publicise any project that they produce for their own marketing or sales activities.

13. Any reference to dates for delivery/completion are estimates only and failure by Victoria Thomas Graphic Design to meet any dates will not create any liability.

14. You shall indemnify Victoria Thomas Graphic Design and keep Victoria Thomas Graphic Design indemnified and hold Victoria Thomas Graphic Design harmless from and against any breach by you of these terms of business and any claim brought against Victoria Thomas Graphic Design by a third party resulting from the provision of graphic design services by Victoria Thomas Graphic Design to you including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Victoria Thomas Graphic Design in consequences of your breach or nonobservance of this Agreement.

15. This agreement shall be governed by English law and the client agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales.