Terms + Conditions

Chrimson Graphics is the trading name of Christopher Martin Wilson.

The information contained in this website is intended for general information purposes only, and is kept as up-to-date as possible. However, alterations may be made from time to time without notice.

Please read the following carefully.

 

1 Privacy Policy

Spam is spam, and your information will never be shared.

2 Tenders, pitches, speculative work, ‘loss leaders’, etc

Work on these bases cannot be accepted.

3 Payment Terms

To help promote courtesy and goodwill, the fee, payment terms and a reasonable timescale for the work to be undertaken is to be agreed upon before work commences. For larger projects, either an initial deposit of half-payment or payment in convenient stages is requested; the balance to be paid on completion.

For further updates and amendments, if not agreed as a ‘flat fee’, or if not part of a ‘retainer’ (see 4), you will not be charged unfairly by-the-hour should just a line or two of text be changed or an image be added to your site — such work is charged in reasonable quarter-hourly increments.

4 Retainer Agreements

A monthly fee to cover an agreed amount of work time, in other words the designer is ‘on-call’ for a specified number of hours each month. The Client agrees to pay for these hours, whether work is required or not. Should the amount of work required exceed the amount of time agreed within the retainer in a given calendar month, then the additional work will be charged at either an agreed ‘flat fee’ or in quarter-hourly increments. Should the amount of work required be less than the amount of time agreed within a given calendar month, that time is not ‘rolled over’.

5 Copyright and Ownership

Please note: Chrimson Graphics retains full ownership of the design concepts and materials it produces, including all artwork, website architecture and/or any other work undertaken (other than use of images or elements for which the copyright is held by a third party), until payment is settled in full at which ownership rights to the concept transfer to the Client.

Unless otherwise agreed, the ownership of working or layered artwork files belongs to Chrimson Graphics. These may be passed on to the Client or a third party only by agreement, and subject to a ‘release fee’ (see 8).

Electronic files supplied are for the stated use only and are not to be altered, adapted or reused without written permission from Chrimson Graphics.

Of graphic designs submitted, any unauthorised, unethical use before payment is received in full will incur the design charge in full as well as any costs involved in recovering that charge and/or any loss of earnings. Additionally, with website work, the right to suspend or remove that website, or additional work carried out on that website, until payment is made in full is reserved.

Granting of copyright does not extend to the use of any design proposals and concepts submitted but not approved for the work outlined. Unused concepts remain the property of Chrimson Graphics. Paid-for concepts may be used in promotional materials and the design portfolio. Unless requested otherwise, Chrimson Graphics retains the right to display a discreet byline claiming design credit on works it has created (except for corporate stationery).

The confidential nature of projects is acknowledged and work will only be displayed once the project has commenced or publicly launched.

6 Approval of Artwork

Whilst the greatest care is taken to avoid errors, it is the Client’s responsibility to proof-read and approve all final copy before the production of artwork. The e-mail verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to release for printing or implementation. No refunds or reprints are given after a final approved design has gone to print.

7 Intellectual Property

The intellectual property rights for the creation of graphic designs or websites undertaken remain. Should the Client no longer wish to use our services, then another company or individual is not permitted to use the creative elements claiming intellectual property or copyright on the work.

8 Artwork Release Fee

Transferral of all design elements — e.g. InDesign, Illustrator or Photoshop files, and/or web coding — to the Client and/or a third party via disc or by electronic means will incur a release fee to relinquish ownership. This is a formality to protect the intellectual property rights of the original designer and, until the release fee is paid in full, the Client may not use or pass on such materials to a third party for the use of.

9 Force Majeure

Chrimson Graphics shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside our reasonable control.

10 Termination Policy

On occasion, circumstances beyond the control of either party may result in the need for cancellation of a project. In the event of the Client cancelling a project after commencement, any advance payment/deposit will be forfeited in lieu of compensation to Chrimson Graphics. This is to cover design and administration time spent, resources purchased and allocated, research time and any administration costs. If the project is more than 50% completed (this is determined by Chrimson Graphics and the Client by negotiation) a pro rata payment is payable for time spent up until cancellation notice at an hourly rate. Ownership of all copyrights and the original artwork, disks, etc shall be returned and retained by Chrimson Graphics.

Should a project be cancelled by Chrimson Graphics, due to unforeseen circumstances, the deposit will be refunded in full to the Client in due course.

11 Print Colour Variations

With all printing processes, there may be some colour variations from what has been viewed on screen to the final product and/or previous orders. This is due to the nature of CMYK printing and bulk-run/mass printing systems. Liability can not be accepted for reprints on this basis.

12 Disclaimer

Chrimson Graphics will not be held liable for any loss or damage or loss of data from the use of this website. Any non-associate websites linked-to from this website are beyond our control — no endorsement is made on any views expressed in their content.