Guizzo Terms and Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, illustration, webdesign, print and services provided by Guizzo.
All design work is carried out by Guizzo on the understanding that the client has agreed to abide by Guizzo’s terms and conditions.
Copyright of all graphic design work is retained by Guizzo including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Guizzo as fulfilling the contract. All other artwork designs remain the property of Guizzo, unless agreed in writing.
Project Acceptance and design fees
At the time of proposal, Guizzo will provide the customer with a written estimate or quotation by post or email as requested.
Fees for design services will be set out in the written estimate or quotation that is provided to the customer. A non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over £200.00 and payment of such deposit will act as the customer’s signed acceptance of this estimate and indicate acceptance of the Terms & Conditions.
Work on the project will not commence until Guizzo has received this amount.
In case of projects worth less than £200.00 a formal acceptance via email will be required and considered as acceptance of both the quotation and Terms & Conditions.
The client will be asked to provided artwork sign off before being issued with an Invoice prior to print/artwork/website publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8%.
Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.
Guizzo reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Guizzo shall be considered entitled to remove Guizzo’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Guizzo reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Guizzo for inclusion in the customer’s brochure or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Guizzo on behalf of the customer, will remain the property of Guizzo and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to Guizzo, the customer grants Guizzo permission to use this material freely in the pursuit of the design and to utilise the designs in Guizzo’s portfolio unless agreed otherwise.
Should Guizzo, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Guizzo to remove and/or replace the file.
The customer agrees to fully indemnify and hold Guizzo free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Guizzo holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Guizzo, is licensed for use by the client only and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Guizzo.
All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Guizzo will not be held responsible for any and all damages resulting from such claims. Guizzo is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Guizzo responsible for any such loss or damage. Any claim against Guizzo shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Guizzo’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Guizzo in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Guizzo via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Guizzo will not be held responsible for any image quality which the client later deems to be unacceptable. Guizzo cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by Guizzo of a design project’s duration is to be considered by the customer to be an estimation. Guizzo cannot be held responsible for any project over-runs, whatever the cause.
Website Design Only
Once web design is complete, Guizzo will provide the customer with the opportunity to review the resulting work. Guizzo will make one set of changes at no extra cost within 30 days of the start of the review period. Changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to design, colour schemes or any navigation features. Any changes can be notified to Guizzo by email or post.
Guizzo will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 30 days of the start of the review period.
The customer agrees to allow Guizzo to place a small credit on printed material, exhibition displays, advertisements and/or a link to Guizzo’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Guizzo to place all designs on Guizzo’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Guizzo will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Guizzo also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Guizzo does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Guizzo to remove the contravention without hindrance, or penalty. Guizzo is to be held in no way responsible for any such data being included.
Cancellation of orders may be made in writing via email or post. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.
In the event of cancellation, ownership of all rights granted under this terms and conditions shall revert to Guizzo unless the artwork is based on the Client’s visual or otherwise agreed.
Guizzo makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Guizzo will not be held responsible for any and all damages resulting from products and/or services it supplies. Guizzo is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Guizzo responsible for any such loss or damage. Any claim against Guizzo shall be limited to the relevant fee(s) paid by the customer.
Guizzo reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Guizzo will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Guizzo and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Guizzo recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Guizzo reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Guizzo and validated by the customer’s payment of deposit or email confirmation constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Guizzo.