Terms and Conditions
The following Terms and Conditions apply to all graphic design, logo design and website design & hosting services provided by Graphfix.
All work is carried out by Graphfix is on the understanding that the client has agreed to these terms and conditions. It is taken that the client has agreed to these terms and conditions when the client has given the go ahead is given to any work to be carried out by Graphfix. By giving the go ahead the client agrees to the work outlined within the proposal provided and agrees the make payment in full once the project has been completed. Completion of the project is when all the work outlined within the proposal has been completed. Any additional items/work added by the client once the project is in progress will incur and additional charge which the client is liable for. It is recommended that the client reads the project proposal fully and carefully before giving the go ahead.
The copyright is retained by Graphfix on all work including logo designs, website layout design, brochures, fliers, words, pictures, ideas, visuals, illustrations and code including any registered domain names, unless specifically released in writing and after all costs have been settled in full.
Where a choice of possible designs are presented to a client, only one solution is deemed to be given by Graphfix as fulfilling the contract. All other designs continue to remain the property of Graphfix, who are free is use or reuse these at any time in the future.
Where the client provides Graphfix with text, images or photos for a project the client accepts full liability for this content and is liable for any claims made against the content. Graphfix accepts no liability for text or images provided by the client for inclusion in a website or printed material.
Use of the Divi template or any, plugins or bespoke technologies or underlying code outside that of the delivered end website is strictly prohibited unless otherwise agreed in writing. Any third-party technology remains the copyright of its original creators.
Graphfix provides their client’s website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose at any point in the future. Once signed off and payment made Graphfix cannot guarantee the functionality or operations of their client’s website or that it will be uninterrupted or error free. It is the client’s responsibility to continue the keep the site’s theme and WordPress version up-to-date, and this is not the responsibility of Graphfix.
Graphfix endeavours to provide a website within given delivery time scales to the best of its ability. However, the Client agrees that Graphfix is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
Graphfix is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Graphfix and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
Once digital artwork is uploaded by Graphfix to any printing service provider it is then the client’s responsibility to check for accuracy and is no long the responsibility of Graphfix. The customer accepts that the digital artwork files provided as proofs for a design cannot accurately reproduce the final colours of a printed product; printed proofs (known as “wet proofs”) can be provided if required from the printers (chargeable service). Graphfix cannot be held responsible for any inaccuracies or errors in a design that has been signed off by the customer. Graphfix cannot be held responsible for inaccuracies or errors in the final product. Any third party pprinting proof that is signed off by the client without Graphfix’s knowledge is wholly the responsibility if the client.
Copyrights and Trademarks
By supplying text, images and other data to Graphfix for inclusion in the project, the customer declares that it holds the appropriate copyright and/or trademark permissions. Any artwork, images, or text supplied and/or designed by Graphfix on behalf of the customer, will remain the property of. By supplying images, text, or any other data to Graphfix, the customer grants Graphfix permission to use this material freely in the pursuit of the design.
The customer agrees to fully indemnify and hold Graphfix 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.
The customer agrees that changes required over and above the estimated work within the proposal provided or required to be carried out after acceptance of the draft design will be liable to a separate additional charge. The customer also agrees that Graphfix holds no responsibility for any amendments made by any third party, before or after a design is provided to the client.
If for whatever reason the customer decided to cancel any work before completion or decide not to print or publish completed designs the customer will still be liable for payment (or part thereof). The 50% upfront payment made at the start of the project will not be returned the client.
Hosting shall begin on the Commencement Date and shall automatically renew on the relevant Renewal Date for successive periods equal to the billing period set out in the invoice and/or email. Termination of the hosting contract including any additional ongoing services such as SSL certificates must be given in writing with 30 days notice, any outstanding charges must be paid in full.
Graphfix retains the right to use any customer’s final designs in the future promotion of Graphfix to be advertised on it’s website to outline it’s services. This may take the form of inclusion on the Graphfix website, social media posts or in any printed literature. No creative or editorial control is offered to customers when their designs are used in this way. Customers not wanting their designs to be used in this way by Graphfix should inform us before the completion of their project.
Domain Name Registration
Any domain names that are registered for the customer will be registered for a period of 12 months unless we inform you otherwise. This in will incur a rolling registration contract every 12 months and payment will be due every 12 months until any cancellation/termination. 4 weeks’ notice in writing is required of any termination/cancellation of hosting services. If you terminate/cancel the Hosting Services to which that domain name relates, you (the customer) will then be responsible for the future management of the registration of the domain name and payment yourselves, and Graphfix will no longer play any role or have any responsibility of this. No refunds are available in the event of late cancellations.
For any email account allocated to you, we do not warrant that any email sent to that email account will be received by you nor that any email sent by you from that account will be delivered to any intended recipient. You acknowledge that we use incoming and outgoing email “spam” filtering for security purposes and such filtering may, in some cases, prevent email from being received by or sent from such email account. There is no facility to disable such filtering, and the thresholds of such are entirely at our discretion.