The following Terms and Conditions of Service apply to all services provided by the Designer (“Huxley Graphics LTD”). All services (“work”) is carried out by Huxley Graphics LTD on the understanding that you (the “client”) has agreed to these Terms and Conditions.These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Huxley Graphics LTD reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. These terms are freely available at http://www.huxleygraphics.co.uk/fine-print/ Please familiarise yourself with these Terms and Conditions before submitting any order. All work is carried out by Huxley Graphics LTD on the understanding that the client has agreed to these Terms and Conditions.
Huxley Graphics LTD agrees to produce the Work at the request of the Client for fees agreed upon in advance or by hourly rate, and delivery of the Work by an agreed-upon deadline.
The placement of an order for design and/or any other services offered by Huxley Graphics LTD, or acceptance of an estimate must be sent in writing (email or letter). Alternatively, the Client may send an official purchase order in reply to the estimate. Either form of confirmation binds the Client to accept Huxley Graphics LTD’s Terms and Conditions and it is deemed that a contract of business is in effect when asked to carry out any Work for the Client. No work on a project will commence until either confirmation has been received by Huxley Graphics LTD. When not agreed in advance, services will be charged at an hourly rate.
Payments during Covid
All Clients will be required to pay 100% in advance (payable before project commences). A project will not commence until the invoice is paid and is cleared funds. For all projects (inclusive of existing Clients), where an estimate is above £1000, 50% will be payable in advance and 50% upon completion.
Copyright and/or Trademarks
All artwork designs created by Huxley Graphics during a project are original.
Any artwork, words/text, pictures, ideas, images, visuals or illustrations supplied and/or designed by Huxley Graphics LTD on behalf of the Client, will remain the property of Huxley Graphics LTD and/or its suppliers until paid for in full. The Client may request in writing from Huxley Graphics LTD, the necessary permission to use materials (for which Huxley Graphics LTD holds the copyright) in forms other than for which it was originally supplied, and Huxley Graphics LTD may, at its discretion, grant this.
By supplying artwork, words/text, pictures, ideas, images, visuals, illustrations or other data to Huxley Graphics LTD for inclusion in the Client’s design or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions and grants Huxley Graphics LTD permission to use this material freely in the pursuit of the design. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
Should Huxley Graphics LTD, or the Client supply an image, text, 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 Huxley Graphics LTD to remove the file. The Client agrees to fully indemnify and hold Huxley Graphics LTD 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.
The Client agrees to exercise due diligence in its direction to Huxley Graphics LTD regarding preparation of materials. The Client is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication or project release, any necessary legal clearances, licenses, usage or royalty payments.
Due to the complexities of international copyright and trademark law, Huxley Graphics LTD will not be held liable should the Client be found to be infringing on an already existing copyright, trademark or service mark relating to a project for the Client.
Exclusion of Liability
Under no circumstance shall Huxley Graphics LTD be liable for losses or damages your business may suffer; whether indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, Huxley Graphics LTD’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of Huxley Graphics LTD and the Client are as written in these Terms and Conditions.
Huxley Graphics LTD makes no warranties of any kind, expressed or implied for services she provides.
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. Huxley Graphics LTD 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.
Huxley Graphics LTD acknowledges that it may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Huxley Graphics LTD agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Huxley Graphics LTD before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Huxley Graphics LTD can display materials and final work created for Client on Huxley Graphics LTD’s website (http://www.huxleygraphics.co.uk/). If necessary, agency work will be referenced as so.
Withdrawal of Services & Termination of Contract
Both parties understand that Huxley Graphics LTD or the Client may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, the Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Huxley Graphics LTD. In the event of cancellation, Huxley Graphics LTD retains ownership of all copyrights and original work created.
Under normal contractual service circumstances, Huxley Graphics LTD provides no warranty or accepts any liability for any data either lost or damaged which is stored on any of Huxley Graphics LTD’s or Client’s equipment. It is the responsibility of the Client to keep security copies of information. Huxley Graphics LTD is not responsible for backing up your data and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Huxley Graphics LTD cannot guarantee to be able to replace lost data.
Huxley Graphics LTD will not be responsible for any damages your business may suffer. Huxley Graphics LTD makes no warranties of any kind, expressed or implied for services we provide. Huxley Graphics LTD does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Huxley Graphics LTD cannot guarantee to be able to replace lost data. Huxley Graphics LTD disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Huxley Graphics LTD. Huxley Graphics LTD reserves the right to revise its policies, Terms and Conditions at any time.
Acceptance of Terms
By signing the supplied contract or a supplied estimate, the Client agrees that they have read, understood, and are considered legally bound to these terms.