The Terms and Conditions of Ruth Graham Design
All business entered into by Ruth Graham Design, with any other party (hereinafter called ‘the Client’), by internet or traditional business routes, is transacted subject to our terms of business.
PLEASE NOTE: These terms and conditions take precedence over any other contract agreements, especially those drafted by the Client, unless specifically agreed to and notified in a special clause entitled “Waiving normal contract terms and conditions”.
1. OWNERSHIP OF COPYRIGHT –Copyright ownership for all work, finished or otherwise, is retained by Ruth Graham Design. Ownership will transfer to the Client only if agreed in writing by Ruth Graham Design. Ruth Graham Design will not waive intellectual property rights.
2. CANCELLATION – In exceptional circumstances, a cancellation fee may be agreed by Ruth Graham Design for work that has been cancelled for whatever reason and will never proceed.
3. QUOTATIONS – Quotations are valid for 30 days from date of issue. Quotations for third party fees and costs are subject to + or – 15% margin of error. Similarly, hourly rate changes will not affect projects already begun. Please bear in mind that while we try to estimate costs as accurately as possible, quotations cannot be binding.
4. CHANGES – The quotation covers the Client for 1 set of type corrections unless stated otherwise, thereafter any number of changes will be made with fees accumulating at our hourly rate. On rare occasions the design brief given by the Client may change after work commences should this situation arise a revised design cost will be negotiated.
5. IMAGE PROCUREMENT – Purchase of images from stock image libraries are made on behalf of the Client by Ruth Graham Design, the standard term & conditions apply to the use of these image i.e. licence length, restriction of use, publication run etc. a full set of these terms and conditions are available on request and the responsibility of adhering to them lies entirely with the Client.
6. CLIENT PROPERTY – Client property left with Ruth Graham Design, including confidential material, will be carefully protected but is entirely at the Client’s risk.
7. COURIERS & DELIVERY – All courier and delivery charges will be passed on to the Client and may be subject to normal agency mark-up.
8. PAYMENT TERMS – Existing clients can avail of 14 days credit from the date of our invoice, which will be sent as soon as the job is complete, or within 4 weeks of the date when the job commences. The Client will be notified as to the charges as they are billed. The minimum charge for any commissioned job is one hour.
9. PRINCIPLE – The principle of the Design service offered by Ruth Graham Design is a consultancy whereby the Client seeks commissioned work based on professional experience, expertise and opinion. Ruth Graham Design will work with the client and agree the best course of action.
10. DISPUTES – All queries and disputes must be notified in writing within seven days of the date of the invoice or receipt of goods. The ownership of the work or goods supplied shall be retained by Ruth Graham Design until Ruth Graham Design has received payment in full by the Client and ownership has been previously negotiated and agreed.
11. BACK-UP SERVICE- Ruth Graham Design provides a back-up service for all projects from commencement to completion. This facility while beneficial to the Client is carried out for the protection of Ruth Graham Design only. Ruth Graham Design does not accept responsibility for any lost or damage with respect to this service.
12. FORCE MAJEURE – Every effort will be made to carry out the contract, but its due performance is subject to variation or cancellation as a result of an inability to secure labour, materials or supplies, or as a result of any Act of God, or other dispute, Fire, Flood, Legislation or any other cause beyond our control.
13. LEGAL LIABILITY – The Client shall be responsible for all costs and damages arising out of any action which may be taken or threatened against Ruth Graham Design in respect of any alleged breach of the law in connection with the work done by Ruth Graham Design for the Client including breaches of Copyright and Licensing. The Client is also responsible for checking all work before production commences and before print or going live on websites in regard to ethical and legal matters and matters of fact, spelling, accuracy, language, translation and other aspects of the final work.
The laws of the Republic of Ireland shall govern the contract between Ruth Graham Design and the Client, of which these standard terms & conditions form part. We reserve the right to change our terms and conditions from time to time, affecting all new contracts.