Terms & Conditions

Please read these terms and conditions carefully. By accessing or using (CMD) Chris McGrath Design services, you agree to be bound by these terms and conditions.

1. Logo and Brand Design Service Terms

1.1 Scope of Work:
The scope of work includes the creation of a logo/brand design based on THE CLIENTS’s requirements and preferences as discussed and agreed upon. Further changes in the PROJECT scope may be requested by THE CLIENT, after PRELIMINARY DESIGNS have been presented will be subject to to additional hourly billings and/or charges to THE CLIENT. Such changes include, but are not limited to, company name and/or type of business, or a new design direction. Such changes may incur extra charges.

1.2 Payment:
Payment of 50% of the job total will be made to Chris McGrath Design as a non-refundable deposit by THE CLIENT before work commences, with the remaining balance due on completion of the project.

1.3 Design Process:
Chris McGrath Design will provide initial concepts for the client’s review and feedback. The client is entitled to up to 3 rounds of amendments to the initial concepts. Additional revisions may incur extra charges.

1.4 Deliverables:
Final logo files will be delivered to the client in the following formats typically including vector files (e.g., EPS) PDF and raster files (e.g., PNG, JPG) suitable for various applications, once final payment is received.

1.5 Ownership:
Upon completion of THE PROJECT, THE CLIENT agrees to pay the remaining balance. Upon receipt of this balance, Chris McGrath Design agrees to transfer all electronic files relating to THE PROJECT to THE CLIENT via previously agreed to method of transmission. Until the invoice is paid in full the client agrees to not use any design files related to THE PROJECT. Chris McGrath Design will transfer the agreed files and ownership of the final approved work to the client on full payment. Chris McGrath Design retains the right to utilise and display ANY artwork, designs, logos, branding, edits, revisions and work from THE PROJECT in advertising, portfolios, promotion and other displays.

1.6 Usage:
THE CLIENT is responsible for ensuring that the logo design is used appropriately and legally. CMD shall not be held liable for any misuse or unauthorized reproduction of the logo. The client agrees to indemnify Chris McGrath Design from any claims, damages, or liabilities arising from the use of the logo design. Chris McGrath Design is NOT liable for any damages or expenses incurred by the client in the use of artwork created in THE PROJECT by third parties.

1.7 Project work product, concepts & unused designs:
All artwork, designs, edits, revisions and work product created in THE PROJECT (other than the FINAL design accepted by THE CLIENT as being the subject of this agreement) remain the exclusive copyright and intellectual property of Chris McGrath Design. Use of this work project by THE CLIENT and/or their assigns is strictly prohibited without written, prior permission by Chris McGrath Design.

1.8 Confidentiality:
Both parties agree to keep any sensitive information shared during the project confidential. This includes but is not limited to proprietary business information and design concepts and costings.

1.9 Termination:
Either party reserves the right to terminate the project at any time for valid reasons. In the event of termination, THE CLIENT agrees the 50% deposit is nonrefundable once the payment has been submitted.

1.10 Acceptance:
By engaging Chris McGrath Designs services, THE CLIENT acknowledges that they have read, understood, and agreed to these terms and conditions.

2. Design and Print Services Terms

2.1 Scope of Services:
CMD offers design and print services including but not limited to graphic design, layout design, printing, and related services. The scope of services will be defined in the agreement between CMD and THE CLIENT. Any changes or additional services requested by the client may incur additional charges.

2.2 Client Responsibilities:
THE CLIENT agrees to provide all necessary information, materials, and approvals required for the completion of the project in a timely manner. THE CLIENT is responsible for ensuring the accuracy of all content provided for design and printing. CMD will not be held liable for any errors or inaccuracies in the client-provided content.

2.3 Design Process:
CMD will provide initial design concepts based on the client’s specifications. THE CLIENT will have the opportunity to review the designs and provide feedback for revisions. Revisions requested beyond the agreed-upon number (3 rounds of amendments) may incur additional charges. Final design approval must be provided by the client before proceeding to the printing stage.

2.4 Printing:
Once the design is approved, CMD will proceed with the printing process. The client acknowledges that colors may vary slightly between digital proofs and printed materials due to differences in printing processes and materials. CMD will not be responsible for errors in the final printed materials that were approved by the client. CMD will not be held responsible for late or non delivery or acceptance of parcels from a third-party delivery company.

2.5 Payment:
Payment terms will be outlined in the agreement between CMD and THE CLIENT. CMD reserves the right to withhold delivery of final files or printed materials until payment is received in full.

2.6 Intellectual Property:
The client retains ownership of any content provided for the design and printing process. CMD retains ownership of any original designs created for the client including all source files and layered files. Excluding any client-provided content. Chris McGrath Design retains the right to utilise and display ANY artwork created by CMD, including but not limited to; designs, logos, branding, edits, revisions and work from THE PROJECT in advertising, portfolios, promotion and other displays.

2.7 Confidentiality:
CMD and the client agree to keep confidential any proprietary or sensitive information shared during the course of the project.

2.8 Limitation of Liability:
CMD will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the services provided.

2.9 Termination:
Either party may terminate the agreement with written notice if the other party breaches any material term of the agreement.

2.10 Amendments:
CMD reserves the right to amend these terms and conditions at any time. Updated terms will be posted on our website and will be effective immediately upon posting.

By engaging in our design and print services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you have any questions or concerns, please contact us at chrismcgrathdesign@gmail.com

3. Website Design & Build Service Terms

3.1 Services:
CMD agrees to provide website design and development services (“Services”) as agreed upon between CMD and THE CLIENT. The scope of the Services shall be outlined in the project proposal or any other relevant documentation provided to THE CLIENT.

3.2 Payment:
The User agrees to pay CMD the fees as outlined in the project proposal or any other relevant documentation provided. Payment shall be made according to the agreed-upon schedule. Failure to make timely payments may result in delays in the delivery of services or suspension of Services.

3.3 Content:
THE CLIENT is responsible for providing all necessary content, including text, images, and other materials, to CMD for use in the design and development of the website.
THE CLIENT warrants that they have the necessary rights and permissions to use all content provided to CMD.

3.4 Intellectual Property:
Upon completion of the Services and upon full payment of all fees, CMD grants the User a non-exclusive, royalty-free, worldwide license to use, modify, and distribute the website, provided by CMD, for THE CLIENT’s business purposes.

3.5 Confidentiality:
CMD agrees to maintain the confidentiality of any proprietary or confidential information provided by THE CLIENT. Likewise, the User agrees to maintain the confidentiality of any proprietary or confidential information provided by CMD.

3.6 Limitation of Liability:
In no event shall CMD be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or use, incurred by THE CLIENT or any third party, whether in an action in contract or tort, arising from the use of or inability to use the Services or any content or materials provided by CMD.

3.7 Changes to Terms:
CMD reserves the right to modify these terms and conditions at any time. Such modifications shall be effective immediately upon posting on the CMD website. Continued use of the Services after any such modifications shall constitute your consent to such changes.

4. Website Hosting And Maintenance Services Terms

4.1 Where requested by the Client, CMD will procure website hosting and maintenance services. CMD will use reasonable endeavors to provide a reliable and professional service.

4.2 Payment for hosting must be paid in advance. CMD reserves the right to deactivate THE CLIENT’s website where the hosting fees are not paid on time. CMD may charge an administration fee, currently £55 (fifty-five pounds) for reactivating THE CLIENT’s website in addition to the annual hosting fee. Hosting Service does not include website maintenance.

4.3 CMD cannot guarantee that website hosting will be available to THE CLIENT at all times, especially in the event of a failure beyond CMD’s control. As CMD engages a third party for website hosting, CMD will have no liability in respect of these services and downtime of the website. CMD will use reasonable endeavors to provide a solution in this eventually.

4.4 For the purpose of maintenance services, website hosting may have to be suspended for short periods of time. CMD will endeavor to notify THE CLIENT of any such periods in advance where possible.

4.5 CMD will have no liability for any changes in the position of THE CLIENT’s website on search engine results and THE CLIENT acknowledges that CMD has no control over the policies of search engines with respect to the type of website and/or content that they accept or the way in which websites are ranked either now or in the future.

4.6 CMD shall not be liable for loss of business; or loss of goods; or loss of contract; or loss of use, for example, including but not limited to THE CLIENT’s website being unavailable; or loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

4.7 Website Maintenance is billed separately on an ad-hoc or monthly basis. We recommend websites are updated every month to limit downtime of the website due to outdated versions of the WordPress Platform and plug-ins. CDM accepts no responsibility for any website downtime, due to THE CLIENT not maintaining the website after sign-off/ website handover and final payment.

Entire Agreement

5.1 This document constitutes the entire agreement between: THE CLIENT and the Chris McGrath Design and supersedes any prior agreements or understandings, whether written or oral.

By accepting this Agreement and engaging in CMD services, you acknowledge that you have read, understood, and agree to be bound by its terms and conditions. If you have any questions regarding these terms and conditions, please contact us at chrismcgrathdesign@gmail.com

These terms and conditions (“Terms”, “Agreement”) are an agreement between Chris McGrath Design LTD (hereinafter referred to as “CMD”, “we”, “us”, or “our”) and THE CLIENT (“User”, “you”, or “your”). This Agreement sets forth the general terms and conditions of your use of the Design and development services provided by Chris McGrath Design LTD (hereinafter referred to as “CMD”) and any of its related products and services (collectively, “Services”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

 

 

Copyright. Chris McGrath Design 2024 | Terms & Conditions
Copyright. Chris McGrath Design 2024
Terms & Conditions