Terms & Conditions

The Graphic Design Pro is a division of Andy Prior Design Ltd. Registered in England and Wales No. 8571799.

Refunds

Logo design

If you are unhappy with the first draft logo concepts and think there is no way in which we can work together then I do offer a 50% refund. If you have proceeded to make any revisions to the first draft logo concepts then refunds are strictly not issued beyond this stage. It is extremely rare that I have to issue refunds as my process is designed so that I fully understand your requirements before I begin any work. Only logo orders are eligible for refunds as per these terms, not any other design work.

Print services

It is not possible to return print products for a refund other than in the event of an order being produced to the wrong order specification or not to an acceptable standard. In either of these cases, I may at our discretion reprint free of charge. Any errors in printing must be reported via e-mail to the following email address andy@thegraphicdesignpro.co.uk, please make sure to include your order number and company name in the subject line. In order to qualify for a full refund, you will need to email us within 2 days of the order receipt. I will also require you to return a sample or photographic evidence of the issue.

If the packaging of your order has been damaged, please accept the material from the courier and write on the document provided that you have accepted the package subject to checking.

Once you have verified damage has occurred to the material inside the package you must email me so I can process and reprint your order immediately. If, when delivered, the printed product cannot be used because there is no packaging or the content is completely ruined, please do not accept the material and mark the refusal on the document provided by the courier.

Unlimited revisions

There are a few exceptions in which case I would not continue to make revisions or offer refunds:

• Once you have approved the final design
  
• If you have taken final delivery of the logo
• 
  

If you have failed to communicate with us for more than 60 days, any further revisions will be at my discretion.

Prices

The prices quoted on The Graphic Design Pro website are promotional prices and are subject to change. These prices cover the design and studio time for the designs and any associated administration. I agree to make an unlimited amount of changes to the initial logo designs until you are satisfied at no additional cost. Individual design items such as letterhead, comps slips etc may be purchased separately and are priced on the website as such.

Unless stated otherwise, print product prices exclude delivery costs, and all design and print product and delivery prices are exclusive of VAT.

My site contains a large number of products and it is possible that, despite my best efforts, some of the products listed on our site may be incorrectly priced. If the pricing error is obvious or unmistakable and could have reasonably been recognised by you as an error, I do not have to provide the products to you at the incorrect (lower) price.

Post-approval revisions

• Post-approval revisions can be made and charged for at a rate of £45 per hour
  
• Any other bespoke design work not listed on the site will be charged at £60 per hour
  
• I will provide you with a no-obligation cost estimate for the work. Before work commences I require payment by credit card.

The design process

I endeavour to turn around first draft logo designs within the agreed timescale for the package purchased and I endeavour to turn around all design revisions within 3 to 5 working days.

The website prices are based on volume business and therefore there may occasionally be small delays in the turnaround. The Graphic Design Pro will not be liable for any delays caused during the design process. Whilst every effort is made to ensure there are no delays, it is your responsibility to contact us in the event that designs have not been received within the agreed timescales. I will not be held responsible for delays caused due to non-receipt of emails.

Feedback provided in relation to the design must be clear and constructive. Any phone calls or live messenger chats must be followed by an email clearly outlining the required changes. Design amends will only begin when this email has been received.

An only email confirmation to sign off/approve the design will be accepted. Once a design has been signed off and final files created the design process will be considered complete and any further changes will be chargeable.

I reserve the right to charge extra where:

• The brief changes substantially from the original, and these changes are requested after you receive the initial designs. This includes but is not limited to: a change of name, change of logo style and colour scheme, and/or requesting a completely new set of designs based on new feedback.
  
• You request to finalise more than one design. I am happy to do this for you. I will charge £150 for each additional concept supplied to you in multiple formats.
• No communication has been received for sixty days or more unless previously agreed with your designer

Service response times

Turnaround times that are quoted on the website are normal target times only and I accept no liability for failure to meet these times. I will try my best to meet the following response times:

• Email response within 2-4 hours
• Whatsapp Response within 1 hour
• Phone call response – immediate, unless I am talking to others, then I will come back to you ASAP.

File supply and storage

I deliver the final logo files via e-mail in a zipped file within 2 working days of the final designs being approved in writing by the customer. Your artwork will then be stored on our servers for 1 year before I archive the files. I will happily provide replacement files at no charge.

Logos are supplied in

.AI.  - Editable Vector based file format

.EPS - Editable Vector based file format

.SVG - Editable Vector based file format for web

.PDF - Editable Vector based file format

.PNG - 300dpi (high-resolution) with transparent background

.JPG - 300dpi (high-resolution)

.PNG - 72dpi (web resolution) with transparent background

.JPG - 72dpi (web resolution)

600x600px Social Media Profile Image (72dpi .JOG image).

Printing

With THE GRAPHIC DESIGN PRO

I bear any responsibility for print errors. You will receive a proof copy of every item to be printed. I will not send any artwork to print until you have provided ME with explicit written consent over email that you approve the artwork.

I try to display and describe as accurately as possible the printed products which appear on our site, but do not give any assurance that the colours of the products supplied will exactly match those displayed on your computer monitor or other printing systems.

With an alternative print company

When printing with another company it is between you to agree on a proof. Colours differ on screen and in print; you may provide us with Pantone or CMYK references at the beginning of the order and I will happily use them. The artwork I supply for all stationery items will be print-ready files as standard with 3mm bleed. Some printers will require specific artwork to be supplied, please send ME artwork specifications for your chosen printer before I start the design process, otherwise, further costs may be charged if I have to make changes after the final files have been sent.

Availability and Delivery

Your order will be fulfilled within 3 working days of your written approval of the artwork. All deliveries take place between 9 am and 5.30 pm Monday to Friday (excl. public holidays). In exceptional circumstances, I may inform you of new delivery date. Delivery is valid for the UK mainland only.

The products will be your responsibility from the time of delivery. Ownership of the products will only pass to you when I receive full payment of all sums due in respect of the products, including delivery charges.

Payment

Secure payment

Payment can be made via the website either by Stripe, PayPal or Direct Bank transfer. All payments must be made in full prior to work commencing.

Your order

I store details of your order in our database and I will send you a copy of your order by receipt following payment. It is not accessible by you via an online account. You can find our Terms and Conditions here at all times.

Data Protection

I make every effort to comply with the current law on data protection

The Graphic Design Pro intends to use commercially reasonable efforts to follow my privacy policy and as such my privacy policy may be changed from time to time at my sole discretion. Any data gathered from you about you or your company will not be disclosed to any third party. I ensure that your critical data is always protected, no matter what your information may be. However, I am legally bound to reveal information, including personal information, if the law enforces it. I do not assume any responsibility or liability for any information provided by you which may be disclosed by accident or by third parties illegal acts. I cannot assume any responsibility or liability for any information submitted to me via our online form, or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

Ownership and Copyright

Subject to your compliance with the terms and conditions of this Agreement, you shall own the final design provided to you by The Graphic Design Pro. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to The Graphic Design Pro.

You acknowledge and hereby grant The Graphic Design Pro the right to use initial logo concepts and revised logo concepts, as well as individual final designs provided to you, for internal and filing purposes, and in order to display and promote the Graphic Design Pro. You acknowledge that your right under this Agreement shall be limited solely to the final design chosen by you and that no trade or service marks in or to such final design is being conveyed under this Agreement.

You acknowledge that The Graphic Design Pro shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order to validate the propriety or legality of the provided compositions.

Until the final design is approved by you, all logos, artwork, concepts and designs remain the copyright and exclusive property of The Graphic Design Pro.

This material may not be reproduced in any other way without the prior written consent of The Graphic Design Pro. I reserve the right to utilise and/or reproduce any image, logo or illustration created by The Graphic Design Pro, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work.

By placing an order with The Graphic Design Pro, you agree and consent to these ownership and copyright conditions.

Accordingly, you are encouraged to perform your own independent searches with regard to the designs provided by The Graphic Design Pro. Furthermore, you acknowledge that The Graphic Design Pro shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall The Graphic Design Pro be responsible in otherwise assisting you in any way in the protection of your rights in or to the designs.

Ownership (copyright and title) of the final artwork becomes your property, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees and receipt of final files. The Graphic Design Pro retains the rights to display the artwork in its portfolio and advertising materials.

The Graphic Design Pro retains the Copyright to all concepts, comprehensives, or other preliminary materials, which are not selected by you or are not included into the final delivery.

The Graphic Design Pro expects you to perform research on your company name to be sure the name is not already in use and secure copyright, trademark or service mark to protect your legal rights to any name or image. The Graphic Design Pro is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

The Graphic Design Pro is not responsible for researching nor infringing any trademark violations that may or may not arise in our dealings with you and his/her agents. All trademark matters are your full responsibility.

Licensing the font used in the logo is your responsibility.

My Liability

Despite my best efforts I may make a mistake, by which I mean any breach of our duties to you. If I do, and are liable to compensate you, you agree that our liability is limited in the following respects:

It is the Company that is liable, not an individual partner or member of staff. You agree to make no claim against an individual except for fraud.

Our maximum liability for any claim by you whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the work you have requested shall be limited to the price paid by you for our services (unless a different amount is agreed with you in writing)

Where any claim relates to a mistake made by us, this overall limit applies whether the mistake affects just one piece of work I do for you or several, so long as it is the same or a similar mistake.

For the purpose of the overall limit, more than one mistake on a project or transaction is considered as one mistake.

I am liable for loss that I directly cause where that total liability does not exceed the total amount of the fees payable relating to the project in question. Otherwise I have no liability for any indirect or consequential loss or loss of anticipated profit or other benefit and shall not be liable for any of the following:

• loss of profits; or
• loss of business; or
• depletion of goodwill and/or similar losses; or
• loss of anticipated savings; or
• loss of goods; or
• loss of contra
• loss due to corruption of data or information; or
• any special, indirect, consequential or pure
• economic loss, costs, damages, charges or
• expenses; or any damages paid by you or loss suffered by you arising out of any allegation or claim that any Input Material breaches any Intellectual Property Right

I am not liable to the extent that our mistake results from something you do or fail to do (such as giving us the wrong information, not giving us information at the time I ask for it or failing to supply appropriate Input Materials)

If others are also responsible for your loss, our liability is limited to our fair share, whether or not you are able to recover the rest from the others.

Notwithstanding the references to mistakes the above exclusions and limitations apply to our entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to you in respect of:

• any breach of this contract;
  
• any use made by the you of our services, the documents produced by us in connection with our services or any part of them; and
  
• any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the contract.
• All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract. Nothing in these Conditions limits or excludes our liability:
  
• for death or personal injury resulting from negligence; or
  for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.

Your Commitments

Eligibility requirements

You must be at least 18 years of age, and by completing our online form you agree to these Terms and Conditions and our website Privacy Policy. By asking for our services, you agree that you meet these eligibility requirements, that the information you include as part of the ordering process is complete and accurate and, if you are ordering services on behalf of a company, that you have the permission to do so. The Graphic Design Pro may reserve the right to accept or reject your order in its sole discretion.

Your work

I will agree with you at the outset the scope of the work. I am not responsible for matters that are outside the scope of the work agreed. All prices are as quoted on the The Graphic Design Pro website. I will not be liable for any delays caused during the design process. You must pay to us, on demand, all reasonable costs, charges or losses sustained or incurred by us (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from any of the following acts or omissions by you: fraud, negligence, failure to perform or delay in the performance of any of your obligations.

Confidentiality

Your information

I will keep confidential all information about you and your business and not disclose it to anyone outside the Company without your consent. You do consent to disclosure in the following:

• in the proper handling of your work
  
• to our professional indemnity insurers
  
• to assessors in relation to any application by us for or the maintenance of a quality standard such as Investors in People
  
• where compelled by law, such as a court order
  
• In case studies for our own promotion

Our information

1. Subject to (a) to (c) you must keep in strict confidence all technical or commercial knowhow, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us, our employees, agents, consultants or subcontractors and any other confidential information concerning our business or our products or services which you may obtain.
   (a) You may disclose such information:
   (i) to your employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out your obligations relating to the work you have instructed us to carry out; and
   (ii) as may be required by law, court order or any governmental or regulatory authority.
   (b) You must ensure that any employees, officers, representatives, advisers, agents or subcontractors to whom you disclose such information comply with these provisions about confidentiality.
   (c ) You must not use any such information for any purpose other than to perform your obligations to us.
   All materials, documents, equipment and tools, drawings, specifications and data supplied by us to you shall, at all times, be and remain our exclusive property of the, but shall be held by you in safe custody at your own risk and maintained and kept in good condition by you until returned to us, and shall not be disposed of or used other than in accordance with our written instructions or authorisation.

Publicity

We both agree not to issue any publicity material or information to the media about our relationship and the work I am doing without the other’s consent, save where the information is already in the public domain. I reserve the right to use examples of the work produced for marketing purposes.

Email

I routinely use email to communicate, and whilst I have normal levels of security in place, you accept the risk that email communications may not be secure.

Ending our relationship

You may ask us to stop working on your project at any time. If so, please confirm that in writing. I may choose to stop acting for you, but only if I have good reason to do so (for example, if you continually do not give us clear and constructive feedback, or do not make a payment when due). If I stop working for you I am still entitled to be paid for what work I have done and may keep your work until I have been paid.

Jurisdiction

These terms and our relationship will be governed by English Law. I each submit to the exclusive jurisdiction of the English courts.

Agreement

Unless otherwise agreed, these terms of business apply to any instructions you have already given us and all future instructions you give us. Your continuing instructions in this matter will amount to your acceptance of these terms and conditions of business.