Terms & Conditions
The Company: Griib Design Ltd Designer(s): Griib Design - Chartered Designers The Owner: The originator of the work The Originator: Griib Design Ltd The Client: The commissioner of the work
THE CONTRACT A contract arises whenever there is an offer by one party and an acceptance by another to carry out work for payment or other consideration (which might be nominal, e.g. in the case of work for a charity). A contract can be made over the telephone or at a meeting. There does not have to be a written document but it is unwise not to record in writing the details of the agreement and ensure both parties agree that record.
THE PROJECT The commission and brief shall be confirmed in writing before proceeding, the services and fees being stated, together with an estimate cost for various stages. No work will be commenced without written agreement or confirmation.
REPRODUCTION RIGHTS The copyright will remain with the originator and not move unless an agreement has been made prior to work commencing.
MORAL RIGHTS Works protected by copyright may also attract ‘moral rights’, which are intended to provide a continuing link between a piece of work and its creator, regardless of who owns the copyright. Unless otherwise agreed, the right of paternity and the right of integrity will remain with the originator.
INTELLECTUAL PROPERTY RIGHTS Any design or registered design rights arising in all or any of the work created by the Designer(s) shall be assigned by the client and belong to the designer. All intellectual property rights arising in all or any of the work created by the Designer(s) are and shall remain the property of the Designer(s) unless assigned in writing after payment of all fees, costs and expenses have been paid. Any fees paid to the Designer(s) shall not be deemed to include the assignment of any such intellectual property rights unless agreed.
OWNERSHIP OF ARTWORK AND MATERIALS Sketches/artwork and any unfinished work or other material relating to the work will remain the property of and be returned to the Designer(s) unless otherwise agreed.
PAYMENT AND CREDIT Credit will be given for payment of invoices up to 30 days from the invoice date after a 25% deposit of phase one has been received. Griib Design reserves the right to withdraw credit on outstanding amounts if the credit term has been abused. Any queries concerning invoices must be notified within 7 days of receipt of invoice.
Griib Design reserves the right to charge interest on any invoices outstanding after the due date at the rate of 4% over the bank base rate. This interest will be from the date the payment fell due to the date payment is made. Griib Design reserves the right to charge any costs incurred as a result of recovering any outstanding debts.
BILLING As indicated, or 25% deposit on commissioning work, a further 50% staged payment (date to be agreed), with the final 25% upon completion. Staged billing follows the first month’s work or phase of implementation. If, due to changes of scheduling and priority, the momentum of the project slows, we reserve our right to bill for work completed and will give further credit when project resumes.
NON PAYMENT Until all fees, costs and expenses have been paid the ownership of all artwork or any other physical material produced by the Designer(s) (including but without limitation sketches, drawings or dummies) shall remain with the Designer(s) who shall be entitled to enter the premises of the client and to recover all such artwork and physical material if any such fees costs or expenses remain unpaid (whether wholly or in part) after they have become due to be paid.
CHANGES TO BRIEF/INSTRUCTIONS AND EXTRA WORK The Designer(s) will make an additional charge for extra work entailed in making alterations to an approved design, necessitated by changes in the client’s instructions, or any other cause beyond the control of the designer. Clients are particularly reminded of the considerable extra cost which may be incurred by a change of brief.
HANDLING CHARGE The Designer(s) will expect a ‘handling charge’ if they are to be responsible for paying suppliers’ bills, involving financial risk and extra accountancy overheads such as: entering invoices, receiving and checking statements, issuing cheques in payment and extending credit. This charge is based on a percentage of the sums involved, the figure unless agreed at the outset of the project, will be 10 -15%.
COURIER SERVICE It may be necessary to use an independent courier service to make deliveries. This can not be predicted at the start of a contract. Any such services will be added to the cost of the project and incur a handling charge.
RUSHED WORK Griib Design reserves the right to make an additional charge for any work required in advance of an agreed timetable or for any agreed shortening of the contract period.
VAT Estimates do not include VAT which will be charged in addition as applicable
OUT OF POCKET EXPENSES Estimates do not include out of pocket expenses, such as travel and deliveries, which will be charges in addition.
DELIVERY OF GOODS Whilst Griib Design will make every effort to meet agreed delivery dates, the Company will not be liable for any loss or damage that may result from failure to meet such dates.
CONFIDENTIALITY The Designer(s) undertakes not to disclose any confidential information obtained from the client concerning the business methods, know-how and affairs of the client without the client’s prior approval. The Designer(s) shall ensure that his staff and any sub-contractor involved in the commission shall be bound by the same conditions of confidentiality.
LEGAL REQUIREMENTS It is the client’s responsibility to ensure that the work complies with the laws of the country for which it is intended.
METHODS OF CHARGING There are three methods of charging fees:
1) hourly rates.
2) consultancy fees.
3) retaining fees.
Design fees are usually assessed on the basis of the estimated time to be spent by the Designer(s) together with associates and assistants, in carrying out the work. The method of estimating the time/cost aspect of a project is to calculate the length of time required to complete a project, or stage of a project, and to multiply this by an hourly rate. Unless otherwise agreed, costs will be charged on an hourly basis.
CONSEQUENTIAL LOSS All work produced by Griib Design is done so to an extremely high standard. However, it is the client’s responsibility to ensure all material supplied to Griib Design for use with or for a commissioned project is correct and suitable for the purpose which it is/was intended. Griib Design will not be responsible for any errors or losses resulting from any incorrect material supplied. It is also the client’s responsibility to check all proofs given for approval purposes. Griib Design will not accept or be responsible for any errors/losses arising after approval (verbal or written) has been given to proceed with production.
GENERAL The contract shall be governed by and construed in accordance with the laws of England.