Graffic

Terms of Business

Legal

The terms that apply when you commission hand-painted work from Graffic.

Last updated Applies to All commissioned work
  1. Our agreement

    1. These Terms of Business, together with our engagement letter and any schedule, attachment or annex to that letter, form the contract between you and us.
    2. If the engagement letter says something different from these Terms of Business, the engagement letter takes priority.
    3. Unless we agree otherwise in writing, these Terms of Business apply to this work and to any future work or services you ask us to carry out.
    4. In these Terms of Business, “engagement letter” means any letter, online form, web page or other document in which we set out the details of your project and our fee. If no separate engagement letter is given, references to the engagement letter mean this contract itself, including the project and fee details set out in or provided with it.
  2. Who “you” means

    1. In these Terms of Business, “you” and “your” mean the client named in the engagement letter and anyone authorised to give instructions on that client’s behalf.
  3. Our work

    1. The work and services we will provide are those described in the engagement letter, plus any other work or services you later ask us to carry out and we agree to carry out.
    2. Any work outside the agreed scope may be quoted and invoiced separately.
  4. Portfolio and publicity

    1. We may say that we have carried out work for you and may show the nature of that work to third parties, including on our website and social media platforms.
  5. Fees, materials, and expenses

    1. Our charges may include our fees, materials, other outlay, expenses and any applicable tax.
    2. Unless we clearly say otherwise, all fees, materials, outlay and expenses are quoted excluding any applicable tax.
    3. We will normally invoice you when the work or services are complete. If the work or services are expected to take more than one month, we may invoice you monthly.
    4. Payment is due within 30 days of the date of our invoice, unless we agree a different period with you in writing. You must pay our invoice in full, without any counterclaim, set-off or other deduction.
    5. You remain responsible for paying our invoices, even if you expect another person or organisation to pay them on your behalf.
    6. We may charge interest on unpaid invoices from the date payment is due until the date payment is made in full, both before and after any judgment. Interest will be calculated at 8% per year above the Bank of England base rate.
    7. If any invoice remains unpaid more than 14 days after its due date, we may suspend work and tell you that we have done so, and/or stop acting for you on the project entirely.
    8. For larger projects, or where we reasonably think it appropriate, we may ask you to pay a deposit before we start work and to pay the balance in agreed stages as the work progresses. We will tell you the amount of any deposit or stage payment, and when it is due, before that part of the work begins. Where a deposit or stage payment applies, we may hold delivery of final files or artwork until it, and the invoice for that work, have been paid in full.
  6. Banking and payment security

    1. We will not tell you about changes to our bank account details by email.
    2. If you receive an email that appears to be from us and says our bank account details have changed, that email is not genuine or authorised by us. Do not reply to it and do not act on any information in it. Instead, contact the person dealing with your project immediately using contact details you already know to be correct.
  7. Limit of our liability

    1. Our total liability to you for the work and services is limited to the amount of fees you have paid us for the relevant project or matter.
    2. Nothing in this contract excludes or restricts our liability for death or personal injury, fraud, wilful misconduct, dishonesty, or anything else that cannot legally be excluded or restricted.
  8. Consumers and businesses

    1. You agree to tell us whether you are instructing us as a consumer or on behalf of a business. A consumer is an individual acting for purposes that are wholly or mainly outside a business, trade or profession.
    2. If you are a consumer, you have legal rights that these Terms of Business do not reduce or take away. If anything in these Terms would give you less protection than the law gives a consumer, the law applies instead.
    3. If you are a consumer and you instruct us at a distance or away from our business premises (for example, through our website, by email, by phone or by message), you have the right to cancel the contract within 14 days of the day it is made, without giving a reason.
    4. To cancel, just tell us clearly that you have decided to cancel (for example, by email) before the 14 days end.
    5. If you want us to start work during the 14-day cancellation period, please ask us to do so in writing. If you then cancel, you must pay a fair amount for the work we have already done up to the time you tell us you are cancelling.
    6. If you ask us to start during the cancellation period and we finish the work within those 14 days, you lose the right to cancel once the work is complete. This only applies if you asked us to start and accepted that you would lose the right to cancel once the work was done.
    7. If the contract is cancelled before we have done any work, we will refund any payment you have made within 14 days of you telling us you are cancelling.
  9. Approval, revisions, and proofing

    1. Unless we agree otherwise in writing, our fee for a project includes up to three rounds of revisions to the design work. We will treat your combined comments on a single draft as one round.
    2. If you ask for revisions beyond those included, for changes to a brief or design you have already approved, or for new design directions, we may quote and charge for that extra work separately.
    3. We will ask you to approve key stages of the work, such as final artwork, before we move on to production, printing or delivery. You approve work when you confirm your approval in writing (email is fine) or when you ask us to move on to the next stage or to production.
    4. You are responsible for checking drafts and proofs carefully before you approve them, including spelling, names, dates, prices, layout, colours and any other content.
    5. Once you have approved work, you are responsible for any errors or omissions in the material you approved. If work has to be redone or reprinted because of an error in material you approved, we may charge you for the additional work and outlay, including any reprinting or reproduction costs.
  10. Materials you provide

    1. You may give us materials to use in the work, such as text, images, photographs, logos, fonts, trade marks or other content.
    2. You confirm that you own these materials or have permission to use them, and to allow us to use them for the work.
    3. You are responsible for making sure that our use of the materials you provide does not infringe anyone else’s rights. If someone brings a claim against us because of materials you provided, you will be responsible for the reasonable losses, costs and expenses we incur as a result, except to the extent the claim is caused by our own breach of this contract or our negligence.
    4. You should keep your own copies of any materials you provide. We will take reasonable care of materials in our possession, but we are not responsible for loss of or damage to materials you supply, except where it is caused by our negligence.
  11. Data protection

    1. To provide our services we collect and use personal data about you and the people we deal with on your project, such as names, contact details, project information and billing information.
    2. We use this personal data to carry out the work, manage and track projects, prepare and send invoices, send payment reminders (which may be automated), keep proper business and accounting records, and respond to questions and complaints.
    3. We rely on the following legal bases for using your personal data: performing our contract with you; our legitimate interests in running and administering our business, including sending payment reminders and keeping records; and meeting our legal obligations, such as tax and accounting requirements.
    4. We handle personal data in line with the UK GDPR and the Data Protection Act 2018. You have rights over your personal data, including the right to ask for a copy of it, to ask us to correct or delete it, and to object to certain uses.
    5. For more detail about how we use personal data and how to exercise your rights, please see our privacy notice at https://grafficbelfast.com/legal/privacy-policy or contact us at info@grafficbelfast.com.
  12. Events beyond our control

    1. We are not responsible for any delay or failure to carry out the work that is caused by something beyond our reasonable control. This includes, for example, power or internet failures, failures by suppliers or subcontractors, serious illness, fire, flood, severe weather, strikes, and government or other official restrictions.
    2. If such an event happens, we will let you know as soon as we reasonably can, and the time for carrying out the work will be extended to take account of the delay. If the delay is, or is likely to be, substantial, either of us may end the contract by giving written notice, and the section on ending the contract will apply.
  13. Ending the contract

    1. Either of us may end the contract for a project by giving the other reasonable notice in writing.
    2. We may end the contract or suspend work immediately, by notice in writing, if you do not pay an invoice on time, if you break this contract in a serious way and (where the breach can be put right) do not put it right within a reasonable time of us asking, or if you become unable to pay your debts.
    3. You may end the contract immediately, by notice in writing, if we break this contract in a serious way and (where the breach can be put right) do not put it right within a reasonable time of you asking.
    4. If the contract ends for any reason, you must pay us for all work we have done, and all outlay and expenses we have committed to, up to the date the contract ends.
    5. Ending the contract does not affect any rights or obligations that have already built up. The sections covering fees, materials and expenses, our portfolio and publicity rights, the limit of our liability, data protection, and law and courts will continue to apply after the contract ends.
  14. Complaints

    1. We aim to provide a high standard of work and service. If you are unhappy with any part of our work or service, please tell the person dealing with your project as soon as you can, so that we have the chance to put things right.
    2. You can raise a complaint with us at info@grafficbelfast.com. We will acknowledge your complaint promptly and aim to give you a full response within 30 days. If we cannot resolve your complaint within that time, we will let you know and keep you updated.
  15. Laws and courts

    1. This contract is governed by the law of Northern Ireland.
    2. The courts of Northern Ireland will have exclusive jurisdiction over any dispute arising out of or in connection with this contract.

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