TERMS OF BUSINESS
Terms – Name of supplier
This agreement is made by Aberdeen Graphic Design or (we or us in these terms and conditions).
What is to be provided to you by us
We and you have agreed that we will supply to you the goods or services described in the deposit invoice and summary of work. You will be responsible for approving proofs of all work in writing. We will only start work on your order when you pay the deposit invoice and this will also be your acknowledgement and agreement to these terms and conditions. We will revise work only as instructed by you in writing. We will not be responsible for any errors not corrected or checked by you.
The price for the items is set out in the deposit invoice. You will receive initially a deposit invoice, used to book the project. Once the work is completed, the balance will be due. This is due for payment within 2 weeks. Once we have received payment in full, we will supply all artwork with the watermark removed to yourselves via email.
Deposit and payment
A deposit of 40 percent of the total fee will be payable upfront for logos or graphic design requests in order to book the project. The balance will be due on completion. For websites, I ask for a deposit of 25 percent upfront, with another payment of 25 percent midway through the project and the balance due on completion. We accept payment online securely via PayPal, cheque, or bank transfers. Paypal is the industry leader for online payments and offers safe and secure ways to pay for goods online. You don’t need to create an account to pay for your order. This deposit is non-refundable.
When delivery will be made
Our aim is to deliver the goods or perform the services within 30 days of acceptance of your order or as stated in the acknowledgement of order. It will not always be possible to do this, and we and you agree that we cannot guarantee we will deliver the goods or perform the services within 30 days. All artwork will be supplied in industry standard format on completion via email when the fee has been received in full.
You can cancel this contract but this must be done in writing to us. If we have completed your work you will be liable to pay the full price for the goods/services that you have ordered. The deposit will not be refunded.
Ownership of goods
Aberdeen Graphic Design shall own the goods until we have received payment in full from you. Payment in full means that the funds have reached our bank account.
Aberdeen Graphic Design will own the copyright in any goods that we have created for you. Occasionally, the portfolio sections will be updated with more recent graphic designs. If you do not wish to have your commissioned artwork displayed on the portfolio sections, can you please let me know this in writing.
Limitation of liability
We aim to carry out the services with reasonable care and skill. If any part of the services is performed negligently or in breach of the provisions of this agreement then, on your request, we will re-perform the relevant part of the services. We will not be liable to re-perform any part of the services which we have performed negligently or in breach of this contract unless you notify us in writing. This does not affect your statutory rights.
Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, delict, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price you have paid us.
Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.
These terms and conditions set out the whole of our agreement relating to the supply of the goods and services to you by us. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Law and jurisdiction
The validity, construction and performance of this contract shall be governed by Scots law and shall be subject to the exclusive jurisdiction of the Scottish courts to which you and we submit.