The following Terms and Conditions of Service apply to all products and services provided by Guppy Graphics (www.guppygraphics.co.uk)
All work is carried out by Guppy Graphics on the understanding that the client has agreed to the Terms and Conditions.
If a choice of designs are presented, only one solution is deemed to be given by Guppy Graphics as fulfilling the contract. All the designs remain the property of Guppy Graphics, unless agreed in writing that this arrangement has been changed.
Project Acceptance
At the time of proposal, Guppy Graphics will provide the client with a written estimate or quotation, along with an order form and a copy of these Terms and Conditions (these can also be found at www.guppygraphics.co.uk).
The order form is to be signed and dated, either by hand or electronically, by the client to indicate acceptance and should be returned to Guppy Graphics. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept the terms and conditions. No work on a project will commence until either document has been received by Guppy Graphics.
Design Charges & Deposit
Charges for design services to be provided by Guppy Graphics, will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s signed acceptance of the order, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on a project will only commence once acceptance has been received and a deposit payment has cleared in Guppy Graphics’ bank account.
Charges for Other Services
Charges for any additional services over and above the design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
With regards to print and production costs, these are required to be paid directly to Guppy Graphics before the job is sent to print or production.
At no stage will the client be required to pay Guppy Graphic’s suppliers unless otherwise agreed in writing before hand.
Alterations
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The client also agrees that Guppy Graphics holds no responsibility for any amendments made by any third party, before or after a design is published.
Payment
On completion and final publication, the client will be provided with a final proof by email, this will be accompanied by an invoice. At this time the remainder of the amount due will become payable and the client will also be required reply to the emailed final proof with their approval to Guppy Graphics. Guppy Graphics’ terms of payment are strictly 14 days from date of invoice. Payments may be made by cash or BACS. Cheques are not accepted unless already agreed in writing.
International payments will incurr a charge of £6.00 per transaction.
Publication and/or release of work done by Guppy Graphics on behalf of the client, may not take place before cleared funds have been received unless previously agreed.
Default
Accounts which remain outstanding for 14 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
An account shall also be considered defaulted if it remains unpaid for 14 days from the date of invoice. Guppy Graphics shall be considered entitled to remove Guppy Graphics’ and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of it’s obligation to pay the due amount. Clients whose accounts become default agree to pay Guppy Graphics reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Ownership of Copyright
Copyright is retained by Guppy Graphics on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
Copyrights and Trademarks
By supplying text, images and other data to Guppy Graphics for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Guppy Graphics on behalf of the client, will remain the property of Guppy Graphics and/or it’s suppliers.
The client may request in writing from Guppy Graphics, the necessary permission to use materials (for which Guppy Graphics holds the copyright) in forms other than for which it was originally supplied, and Guppy Graphics may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Guppy Graphics, the client grants Guppy Graphics permission to use this material freely in the pursuit of the design.
Should Guppy Graphics, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Guppy Graphics to remove and/or replace the file on the site or other medium.
The client agrees to fully indemnify and hold Guppy Graphics free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Rights of Refusal
Guppy Graphics will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Guppy Graphics also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Guppy Graphics does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Guppy Graphics to remove the contravention without hindrance, or penalty. Guppy Graphics is to be held in no way responsible for any such data being included.
Licensing
Any design, copy writing, drawing, idea or code created for the client by Guppy Graphics, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Guppy Graphics and any of it’s relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Guppy Graphics will not be held responsible for any and all damages resulting from such claims. Guppy Graphics is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Guppy Graphics responsible for any such loss or damage. Any claim against Guppy Graphics shall be limited to the relevant fee(s) paid by the client.
Data Formats
The client agrees to Guppy Graphics’ definition of acceptable means of supplying data to the company.
Text is to be supplied to Guppy Graphics in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Guppy Graphics via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Guppy Graphics will not be held responsible for any image quality which the client later deems to be unacceptable. Guppy Graphics cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by Guppy Graphics of a design project’s duration is to be considered by the client to be an estimation. Guppy Graphics cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Guppy Graphics, regarded as a non-refundable deposit.
Rights of Access for Website Construction
The client agrees to allow Guppy Graphics all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The client also agrees to allow Guppy Graphics access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to supply Guppy Graphics with all necessary materials, electronic or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Guppy Graphics considers the design project complete upon receipt of the client’s approval. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website (Design Only)
Once web design is complete, Guppy Graphics will provide the client with the opportunity to review the resulting work. Guppy Graphics will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Guppy Graphics by e-mail and if so wished confirmed by post.
Guppy Graphics will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Hosting Websites
Guppy Graphics does not directly offer in-house hosting services, this is provided by a supplier. Guppy Graphics can also suggest other possible suppliers and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Guppy Graphics may request that clients change the type of hosting account used if that account is deemed by Guppy Graphics to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due for hosting are the responsibility of the client and must be paid no later than 7 days before the renewal date.
Domain Registration
Guppy Graphics cannot guarantee the availability of any domain name. The client is to register the domain required, and provide Guppy Graphics with the relevant username and password to access this. Guppy graphics will not register domains unless otherwise agreed in writing. Where this is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Guppy Graphics cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Design Credits
The client agrees to allow Guppy Graphics to place a small credit on printed material, exhibition displays, advertisements and/or a link to Guppy Graphics’ own website on the client’s website. This will usually be in the form of a small line of text placed towards the bottom of the page. The client also agrees to allow Guppy Graphics to place designs, along with a link to the client’s site on Guppy Graphics’ own website for demonstration purposes and to use any designs in its own publicity.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Guppy Graphics will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 14 days. Please note: any cancellation which is not formally confirmed in writing and received by Guppy Graphics within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Guppy Graphics makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Guppy Graphics will not be held responsible for any and all damages resulting from products and/or services it supplies. Guppy Graphics is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Guppy Graphics responsible for any such loss or damage. Any claim against Guppy Graphics shall be limited to the relevant fee(s) paid by the client.
Guppy Graphics reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Guppy Graphics will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Guppy Graphics and its clients agree to comply with suppliers Terms and Conditions which include disclaimers for non-completion on time and the flexibility regarding print to supply quantities within 10% of the total ordered. Guppy Graphics recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Privacy
Guppy Graphics will store your name and order details on private internal database. These details WILL NOT be made available to companies or individuals outside of Guppy Graphics. Should you wish to have your details removed from our database, please advise us in writing to: Guppy Graphics, 70 Bankfield Lane, Churchtown, Southport, PR9 7NL.
Complaints
Please address any complaints to Guppy Graphics either by email, the online contact form on the website or telephone 07899 964 242, (09.00 – 17.00, Mon – Fri.) We endeavor to respond to any complaint within 24 hours.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Guppy Graphics reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation & Terms and Conditions
The placement of an order for design and/or any other services offered by Guppy Graphics and validated by the client’s signature on the order form, or an email response stating that costs are approved, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Guppy Graphics.