The vast majority of design projects run smoothly, without any problems. However, from time to time, something does come up, and these terms and conditions are designed to ensure that we’re both protected from any unexpected circumstances. It also lays out the basic groundwork for how the project will progress, and what’s expected of us both.
Summary
The following Terms and Conditions apply to all products and services provided by Helen Murphy Freelance Graphic Design (hereinafter referred to as Helen Murphy or ‘I’)
By accepting a quote or commencing a project, you are considered to have accepted these terms and conditions in full.
What do both parties agree to do?
You agree that: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You’ll review my work and provide feedback and approval in a timely manner. You also agree to stick to the payment schedule set out in these terms and conditions.
I agree that: I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavour to meet all the deadlines set but I can’t be responsible for a missed deadline if materials have been supplied late or have not approved or signed off my work on-time at any stage. I will maintain the confidentiality of any information that you give me.
Project Delivery Dates
If there is a hard deadline for your project, you must communicate it clearly up front before the project begins. It is always my intention to complete your project on time. Revisions and your response times play a major role in the amount of time it takes to complete your project. Therefore, the project completion date I give you is not a guarantee.
Design Services
These Terms and Conditions allow for up to three sets of revisions unless agreed otherwise prior to starting the project. Extra revisions are subject to additional charges at my discretion.
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that. If you need any advice on these formats I’m always happy to help.
I’m not responsible for writing or editing any text copy unless specified in the original estimate. If you’d like me to write new content or edit text for you, I can provide a separate estimate for that.
If you want to add anything new or change your mind about something as the project progresses that won’t be a problem. I’m happy to be flexible and will provide a separate quote as required.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Helen Murphy, unless specifically agreed in writing.
Please note: Once you approve a design it is considered final. After this any changes requested will be quoted and billed separately. Be sure to proof read carefully before approving the final design/documents.
Errors and Omissions
It is the Client’s responsibility to check proofs carefully for accuracy in all respects including but not limited to prices, spelling, and dimensions. Helen Murphy is not liable for errors or omissions. The Client’s written approval of an artwork proof, will be taken as confirmation that the project is correct and complete.
Project Cancellations
Should something happen for any reason whatsoever that causes you to cancel this project once it has begun, you are completely free to do so. You will simply be billed for any work completed up to the point of cancellation, and I will send you any work completed up to that point.
In the unlikely event that some life altering event happen to cause me to cancel a project, I will hand over any work completed up to the point of cancellation and refund you for any payments made on incomplete work. For long term projects and retainer clients, I will aim to give a minimum of 4 weeks notice if possible and will supply a handover document if required.
Copyrights
You guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide are either owned by your company, or that you have permission to use them.
Copyright is retained by Helen Murphy on all design work including words, pictures, ideas, visuals and illustrations until all costs have been settled. When your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that I create for this project. I will give you the finished print-ready or digital files and you should keep them somewhere safe as I’m not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
I’ll own the source files unless we agree otherwise.
I reserve the right, unless you specifically ask me not to, to display your project as part of my portfolio and for use on social media.
Payment
Final project payment is due within 30 days of date of invoice. Payments should be made by bank transfer. Payments made by cheque must be previously agreed and may be subject to an administration charge.
Publication and/or release of work done by Helen Murphy on behalf of the client, may not take place before cleared funds have been received.
Helen Murphy reserves the right to charge statutory interest of 8% plus the Bank of England base rate under the late payment legislation on overdue balances.
Helen Murphy is responsible for the payment of all government taxes with respect to the services she performs for the Client as a sole trader.
Disclaimer
Helen Murphy will not be responsible for any damages your business may suffer. I can not guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Helen Murphy reserves the right to revise its policies, Terms and Conditions at any time.
Acceptance of Terms
By accepting a quotation and/or supplying information/images/files to allow a project to commence, the Client agrees that they have read, understood, and are considered legally bound to these terms.