Terms & Conditions—the legal stuff
Chrimson Graphics is the trading name of Christopher Martin Wilson. Collaborating with various brilliant associates, we provide cost effective creative stuff, taking great pride and a lot of care with evident attention-to-detail in every job.
Our aim is to:
- Provide what can reasonably be achieved in a given time frame to the highest standard.
- Make the best use of resources to accomplish the most effective, appropriate outcome.
Please take time to read through the following thoroughly—it is vital that you, "The Client", fully understands these terms and conditions and their implications before you commence any project with us. Please also note that, from time to time, we may need to make alterations without notice. Please contact us if you do not understand anything in this document, we like to keep things simple.
1 Tenders, pitches, speculative work, etc
We regret we cannot accept jobs on these bases.
2 Payment Terms
To help promote courtesy and goodwill, the fee, payment terms and a reasonable timescale for the work to be undertaken is to be agreed upon before work commences. For website design or larger projects either an initial deposit of half-payment or payment in convenient stages is requested; the balance to be paid on completion.
If the work time exceeds four calendar weeks in duration, The Client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full on completion.
If the work undertaken exceeds the items specified in the quote, The Client agrees to pay appropriate fees for the excess work outside the scope of the original agreement. Wherever possible The Client will be notified of any increases in the scope of the project as/should they occur, if not already evident. Any additional costs will be added to the final invoice, payable prior to delivery of design files.
For further updates and amendments, if not agreed as a 'flat fee', or if not part of a 'Retainer' (i.e. a monthly fee to cover an agreed amount of work time—see below), you will not be charged unfairly 'by the hour' should just a line or two of text be changed or an image be added to your site—such work is charged in reasonable quarter-of-an-hour increments.
3 Retainer Agreements
A Retainer is a monthly fee to cover an agreed amount of work time usually at a discounted rate. Should the amount of work required exceed the amount of time agreed within the Retainer in a given calendar month, then the additional work will be charged at either an agreed 'flat fee' or in quarter-of-an-hour increments. Should the amount of work required be less than the amount of time agreed within a given calendar month, that time is not ‘rolled over’.
4 Copyright and Ownership
Please note: Chrimson Graphics retains full ownership of the design concepts and materials it produces, including all artwork and website architecture. Any work undertaken (other than use of images or elements for which the copyright is held by a third party) remains the copyright of Chrimson Graphics until payment is settled in full, at which ownership rights to the concept transfer to The Client.
Of graphic designs submitted to The Client, any unauthorised, unethical use before payment is received in full will incur the design charge in full as well as any costs involved in recovering that charge and/or any loss of earnings. Additionally, with website work, the right to suspend or remove that website, or additional work carried out on that website, until payment is made in full is reserved.
Granting of copyright does not extend to the use of design proposals and concepts submitted but not approved for the work outlined. Unused concepts remain the property of Chrimson Graphics. We may still use paid-for concepts in our promotional materials and in our design portfolio. Unless The Client requests otherwise, Chrimson Graphics retains the right to display a discreet byline claiming design credit on works it has created, except for corporate stationery. We acknowledge the confidential nature of projects and agree to only display work once the project has commenced or publicly launched.
It is agreed that partners and working associates of Chrimson Graphics shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of The Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of The Client.
6 Approval of artwork
While Chrimson Graphics takes the greatest care to avoid errors, it is The Client's responsibility to proof read and approve all final copy before the production of artwork. The email verification of The Client’s representative shall be conclusive as to the approval of all artwork prior to release for printing or implementation. No refunds or reprints are given after a final approved design has gone to print.
7 Intellectual Property
The intellectual property rights for the creation of graphic designs or websites we have undertaken remain. Should The Client no longer wish to use our services, then another company or individual are not permitted to use the creative elements claiming intellectual property or copyright on the work without prior written agreement.
8 Artwork Release Fee
Transferral of all design elements—e.g. artwork, Photoshop files, and/or web coding—to The Client and/or a third party via disc or by electronic means will incur a 'Release Fee' to relinquish ownership. This is a formality to protect the intellectual property rights of the original designer and, until the Release Fee is paid in full, the Client may not use or pass on such materials to a third party for the use of.
9 Force Majeure
Chrimson Graphics shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside our reasonable control. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or acts of terrorism.
10 Termination Policy
On occasion, circumstances beyond the control of either party may result in the need for cancellation of a project. In the event of The Client cancelling a project after commencement, the advance payment/deposit will be forfeited in lieu of compensation to Chrimson Graphics. This is to cover design and administration time spent, resources purchased and allocated, research time and any administration costs. If the project is more than 50% completed (this is determined by Chrimson Graphics and The Client by negotiation) a pro rata payment is payable for time spent up until cancellation notice at an hourly rate. Ownership of all copyrights and the original artwork, disks, USB, etc shall be returned and retained by Chrimson Graphics.
Should a project be cancelled by Chrimson Graphics, due to unforeseen circumstances, the deposit will be refunded in full to The Client in due course.
11 Print Colour Variations
With all printing there may be some colour variations from what you have seen on screen to the final product and/or previous orders. This is due to the nature of CMYK printing and bulk-run/mass printing systems. We cannot accept liability for reprints on this basis.
All information contained in this website is intended for general information purposes only. We try to keep the information up-to-date and ensure that it is correct. However, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information in this website, or any products, services, links, or graphics contained within. Use this information at your own risk. Chrimson Graphics will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Any non-associate websites linked-to from this website are beyond our control, therefore we will not be held liable for your use of those websites. In linking to non-associate external sites, we are not endorsing any information or views expressed in their content.
In addition to the Design side of things, we will be happy to advise on marketing and publicity for your company or project, including the highly enjoyable, addictive world of Digital Marketing and Social Media—please ask!
Appendix 1: A fable worth retelling
A vast ship engine failed and no one could fix it, costing the shipping lines tens of thousands of pounds daily in lost journeys. Then they brought in a chap with 40 years on the job, who inspected the engine very carefully, top to bottom. After looking things over, the man reached into his toolbag and pulled out a small hammer. He gently tapped away at something… then instantly, the engine lurched into life. The engine was miraculously fixed!
7 days later the owners received the man's bill for £5,000. "What the…", cried the owners, "You hardly did anything. We need this itemised." The reply simply said:
Tapping with a hammer — £2
Knowing where to tap — £4,998
Never underestimate years of experience, it is that which often saves the day!