Project Management
- Project Changes and Budget Amendments
In the event of project changes, Graphical will implement a budget amendment process, which requires Client approval of any additional costs before such changes are actioned. - Change of Brief
If there is a change in the project brief, Graphical will inform the Client in advance of any additional costs likely to be incurred. - Project Schedule and Deadlines
Projects are planned according to an agreed schedule. Non-adherence to this schedule by the Client may compromise final delivery deadlines. Graphical will advise the Client of any potential delays and suggest alternative solutions, which may incur additional costs. - Liability for Missed Deadlines
While every effort will be made to meet agreed delivery times, Graphical cannot accept liability or financial responsibility for missed deadlines due to circumstances beyond its control. - Stage Invoicing for Delayed Projects
Graphical reserves the right to invoice for any part works and third-party costs incurred if a project cannot be completed or is delayed/put on hold by the Client for four weeks or more. - Retention of Supplied Materials
Graphical will hold supplied files, originals, and materials for up to 12 months. If work on the project resumes, it will be completed according to the original cost schedule, provided the project specifications remain unchanged.
Client Responsibilities
- Client-Supplied Material
The Client warrants that all material provided to Graphical does not infringe any third-party rights and is not offensive or defamatory. Graphical explicitly disclaims all liability for materials supplied by the Client or included in the project at the Client’s instruction. The Client shall indemnify Graphical against any claims, costs, and expenses arising from such materials. - Client’s Responsibility for Copyrights and Licenses
The Client is responsible for ensuring that all materials supplied to Graphical have the necessary copyrights, licenses, and permissions. Graphical is not liable for infringements caused by incorrectly supplied materials. - Change of Address
It is the Client’s responsibility to inform Graphical in writing of any changes to their registered, invoicing, or delivery address. - Font Licenses
The Client is responsible for purchasing and providing any required font licenses for use on their website. Graphical is not liable for any issues arising from unlicensed fonts. If requested, Graphical can purchase font licenses on the Client’s behalf, and these costs will be billed to the Client.
Payment Terms
- VAT on Services
All charges and prices for services provided by Graphical are subject to VAT at the prevailing rate, where applicable. - Purchase Orders
A signed purchase order, preferably with a PO number and project value, must be issued for the full quoted and agreed amount before work can commence. Separate POs may be needed for extras such as distribution, storage, deliveries, or mailing. - Payment Terms and Interest on Overdue Accounts
For all clients, 50% of the total project fee plus VAT is due upon commencement of the project. The remaining balance, or any other agreed-upon amount, may be requested in advance of further work as agreed. Full payment for subsequent invoiced work must be received within 21 days of the invoice date. Graphical reserves the right to apply a 2% per month interest surcharge to overdue accounts. Client credit screening may affect subsequent credit agreements. - Advance Payment for Disbursements
Disbursements on behalf of the Client may require advance payment. - Invoicing for Online Projects
Graphical is entitled to invoice the Client for the agreed-upon fee upon completion of the online project development and conclusion of the client amendment process, regardless of whether the website has been made live.
Work Delivery and Quality Assurance
- Service Estimates and Additional Costs
All estimated prices quoted, whether written or verbal, pertain only to the listed services. Additional services required to complete a project will be quoted and charged accordingly. Deliveries and courier costs are extra. Fonts and website plugins may also be charged for. - Design Time and Revisions
Estimates are based on the agreed design time and include two sets of author’s corrections. Additional changes requested by the Client will incur extra costs. - Website Bug Fixes and Maintenance
Graphical will address and fix any website bugs reported within 30 days following a website going live at no additional cost. After this period, the Client will be responsible for covering the costs of further bug fixes or maintenance, either on a project fee basis or through a Service Level Agreement (SLA). - Responsibility for Final Proofs/Materials
Once final proofs/materials are signed off, Graphical is not responsible for any errors related to print, programming, or any end product. - Delivery Quantity Margins
While efforts are made to deliver the correct printed quantity, estimates are conditional upon a 5% margin. Graphical reserves the right to adjust ordered amounts in the Client’s best interest. - Liability for Media and Correspondence
Graphical takes care to protect all media and correspondence supplied but cannot accept liability for any loss. Disputes will not be entered into.
Legal and Compliance
- Ownership and Copyright
All creative work, digital files, and related correspondence remain the property of Graphical until full payment is made and all project costs are cleared. - Copyright Protection Responsibility
It is the Client’s responsibility to seek copyright protection for any creative/intellectual property provided by Graphical. - GDPR Compliance
If Graphical is to handle or process client customer data, the Client must ensure data compliance and have a written contract in place. The Client must also ensure consent has been obtained from individuals whose data is processed. - Dispute Resolution
In the event of any dispute, except for non-payment of charges, the parties will attempt to resolve it in good faith or through mediation. The Client must inform Graphical immediately of any issues that may lead to a dispute. - Force Majeure
Graphical is not liable for failure to carry out any contract provisions due to circumstances beyond its control, including but not limited to Acts of God, war, terrorism, or failure of power supply. Clients may terminate the contract and pay for work done if such circumstances persist.
Miscellaneous
- Freelance and Outsourced Work
Graphical reserves the right to commission freelance support or outsource any job if it is in the Client’s best interest. Any outsourced job remains the property and responsibility of Graphical. - Responsibility for Third-Party Services
Graphical is not responsible for services not carried out or managed directly or indirectly by Graphical as part of larger projects involving third parties commissioned by the Client. - Reporting and Claims for Loss or Damage
Any loss, quality, or damage issues must be reported to Graphical within five working days of delivery. Claims must be made in writing within three working days thereafter. Graphical is not liable for claims unless these requirements are met. - Non-Exclusivity of Marketing Concepts
Graphical cannot guarantee exclusivity of any marketing concept, strategy, or design and is not liable for any claims of unintentional similarity to third-party intellectual property. - Company Credit and Self-Promotion
Graphical reserves the right to add a Company credit to printed or digital projects unless instructed otherwise by the Client and to use the work for self-promotion. - Use of Creative Work for Marketing
Graphical reserves the right to use initial creative concepts and final approved design work for its marketing activities unless otherwise agreed with the Client. - Changes to Terms and Conditions
Terms and Conditions may be changed at any time without prior notice. Clients will be notified of changes when they occur. - Lien Over Client Materials
Graphical will have a lien over any client materials if payments due are not cleared within one month from the invoice date, including recalling web hosting service. - Termination
Termination by Client:
The Client may terminate the project by providing a minimum of 30 days’ written notice to Graphical. Termination will be effective 30 days after Graphical receives the written notice. The Client will be responsible for payment of all work completed up to the termination date, including any expenses incurred, any non-refundable costs or commitments made by Graphical on behalf of the Client, and all bought-in costs and fees based on our daily rate of £750. Graphical keeps detailed timesheets and can provide these to the Client in case of a dispute.For Service Level Agreements (SLAs) and Retainers, the Client must provide 90 days written notice to terminate the agreement.
Termination by Company:
Graphical reserves the right to terminate the project if the Client fails to comply with these terms, fails to make payments, or engages in any conduct that Graphical deems unacceptable. In such cases, the Client will be responsible for payment of all work completed up to the termination date, including any expenses incurred.Disconnection of Website Hosting:
If any invoices remain unpaid for more than 30 days past the due date, Graphical reserves the right to disconnect website hosting services. Prior to taking such action, Graphical will provide written notice to the Client of the outstanding payment and a final deadline for payment. If payment is not received by this deadline, Graphical may suspend website hosting services until full payment is made. The Client will be responsible for any costs associated with reinstating the hosting services.- Acceptance of Terms and Conditions
By commissioning services from Graphical, the Client fully agrees to these Terms and Conditions. - Acceptance of Contract via Commencement of Work
If work commences on a project as specified in the Letter of Engagement, and the Letter of Engagement remains unsigned, it shall be deemed that the Client has accepted and agreed to all terms and conditions set forth therein. This acceptance is binding and constitutes a contractual agreement between Graphical and the Client.