Terms & Conditions

Terms

‘Designer’ refers to a representative of Graham Foster ltd. They are the person or persons undertaking the design work.

‘Client’ refers the customer who is paying for the services provided.

‘Services’ refers to any service, paid for by the Client, the Designer provides to the Client.

‘Contract’ refers to the overall project or service entered into by the Designer and the Client.

General Terms & Conditions

In commencing a design project with us, or to use our website hosting services, you warrant that:

1. You are legally capable of entering into binding contracts.

2. You are at least 18 years old.

3. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

Design Proposal

Before a project begins, a Design Proposal is emailed by the Designer to the Client, in which is listed the items to be created by the Designer for the Client, the costs charged for the work to be done and a link to these Terms & Conditions. When the Client confirms they would like to go ahead with this proposal, they are agreeing to these Terms & Conditions, and to the costs charged for the work to be done as described in said Design Proposal.

Scheduling work to be done

All work to be carried out by the Designer must be requested in writing, via email. If the Designer agrees to carry out the work, the work will be scheduled to be carried out at a time and date of the Designer’s choosing. Any time sensitive deadlines must be made clear to the Designer by the Client at the time the Client requests the work. If possible, the Designer will try to adhere to any aforementioned deadlines.

Rights and ownership

Rights: All services provided by the Designer shall be for the exclusive use of the Client other than for the Designer’s promotional use. Upon payment of all fees and expenses, the following reproduction rights for all approved final designs created by the Designer for this project shall be granted:

Client to gain full transferable rights to brand identity.

Client to gain full license to reproduce works through commercial printers.

Ownership: The client shall be entitled to full ownership of all artwork created during the project upon full payment of the agreed fee.

Third-party contracts: The client may contract with other creative professionals to provide services such as web development, photography, and illustration. The client may also contract with other services such as printers, website management services and website hosting providers. Any third-party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by the client at a later date.

Communication

The designer can be reached by telephone or email from Monday to Friday between 9:30 a.m. and 5 p.m. (GMT), excluding bank holidays, Christmas Day, New Year’s Eve and New Year’s Day. Zoom calls are welcomed if scheduled within these same hours.

The majority of designer/client communication is via email. This helps both parties keep track of specific design requirements and potential changes. We ask that all project instructions and supply of files also be conducted via email, not via WhatsApp.

Payment schedule

The client will make a 50 percent down payment prior to work commencing, unless an alternative payment schedule has been agreed upon. The project can be scheduled once the down payment is received by the designer. The down payment is nonrefundable. The remaining 50 percent is payable to the designer upon completion of the project and before original artwork is supplied to the client.

Delayed payment

If the final invoice is not paid within 21 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 21-day period until the full amount has been received by the designer.

Cancellation

If, after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 110 percent of the total project cost.

Work requested outside a pre-arranged project scope

If the client requests work to be done by the designer which is outside the original project scope, then this work will be charged for separately, and in addition to, the original project. By default this additional work will be charged at our hourly rate of £75 per hour, unless alternative payment terms are agreed upon before this additional work begins.

Quality

We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us will be provided with reasonable care and skill.

We will not be liable for a breach of the warranty provided above unless:

You give written notice of the breach to us.
We are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.
The problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any).
You alter the Services without our written consent.
The problem arises because of misuse.

If we are in breach of the warranty in accordance with the clause above we will use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.

By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.

Website hosting

We do not warrant that our hosting service will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.

Back-ups

We will keep daily back-ups of website files and databases. We will not be responsible for any loss, destruction, alteration or disclosure of your website files and databases caused by you or any third party.

Service usage limitations

The Hosting Service we provide includes a per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.

The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.

Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.

We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,

The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.

Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.

Our liability

We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.

Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider.

No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.

All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

We do not exclude or limit in any way our liability:

for death or personal injury caused by our negligence;
under section 2(3) of the Consumer Protection Act 1987
for fraud or fraudulent misrepresentation
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

loss of income or revenue.
loss of business.
loss of profits or contracts.
loss of anticipated savings.
loss of goodwill.
loss of software or data.
wasted expenditure (such as pay per click advertising costs).
wasted management or office time.

Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.

You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).

Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.

Duration & Cancellation

Upon commencement of the hosting services, the hosting service will continue on an annual, or monthly, basis until terminated:

by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via an email sent to graham@grahamfoster.co.uk
by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via an email sent to graham@grahamfoster.co.uk
by us giving to you at least 30 days advanced notice in writing sent from the then current email address registered against your account
by exercising your right as a Consumer, to cancel the Contract(s) within the “cooling off period” i.e. within 14 days of purchase.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.

You cannot cancel any of your Services by letter or telephone.

The annual, or monthly, price for Services we supply under Contracts that continue on an annual, or monthly, basis shall be charged annually, or monthly in advance.

If the hosting charge is not paid by the due date of the invoice for the annual charge for the hosting, we will deactivate the hosting package. In this case, if the hosting charge is not paid within 7 days we will terminate the contract.

If a hosting package is deactivated due to non-payment of the hosting invoice, we will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

loss of income or revenue.
loss of business.
loss of profits or contracts.
loss of anticipated savings.
loss of goodwill.
loss of software or data.
wasted expenditure (such as pay per click advertising costs).
wasted management or office time.

We will not provide you with a refund for a cancellation that is part-way through a billing period.

Without prejudice to any other right to terminate or suspend the Services we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.

If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired period.

Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by 7 days’ notice to you.

Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.

Deletion of your data

If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.

Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Miscellaneous

Samples: The client shall provide the designer with samples of print design that result from the project. Such samples shall be representative of the highest quality of work produced. The designer may use such copies and samples for publication, exhibition, or other promotional purposes.

The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.

Confidentiality: The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.

Indemnity: The client agrees to indemnity and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorney’s fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.