Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Joanne Marks TA Jo Marks Graphic Design (henceforth referred to as Jo Marks Graphic Design).
All design work is carried out by Jo Marks Graphic Design on the understanding that the client has agreed to abide by Jo Marks Graphic Design’s terms and conditions.
Copyright of all graphic design work is retained by Jo Marks Graphic Design including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled whereupon full copyright herein shall be vested in the client.
If multiple design concepts are submitted, only one concept is deemed to be given by Jo Marks Graphic Design as fulfilling the contract. All other artwork designs remain the property of Jo Marks Graphic Design, unless agreed in writing.
At the time of proposal, Jo Marks Graphic Design will provide the client with a written estimate or quotation. The terms and conditions can be read on the Jo Marks Graphic Design website.
The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept Jo Marks Graphic Design’s terms and conditions in the form hereof.
No work on a project will commence until acceptance of the quotation has been received by Jo Marks Graphic Design.
Fees for design services to be provided by Jo Marks Graphic Design, will be set out in the written estimate or quotation that is provided to the customer. All new clients are required to pay a non-refundable 50% deposit prior to Jo Marks Graphic Design commencing work.
Payments may be made by online transfer or cheque. Publication and/or release of work undertaken by Jo Marks Graphic Design on behalf of the client may not take place before cleared funds have been received.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.
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 Jo Marks Graphic Design holds no responsibility for any amendments made by any third party, before or after a design is published.
The client will be asked to provided artwork sign off prior to artwork being released. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 14 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Payments may be made by BACS, cash, cheque, or (for overseas customers) Paypal or previously agreed electronic funds transfer.
Publication and/or release of work done by Jo Marks Graphic Design on behalf of the client, may not take place before funds have cleared.
Returned cheques will incur an additional fee of £50 per returned cheque. Jo Marks Graphic Design 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 14 days from the date of invoice, or following a returned cheque. Jo Marks Graphic Design shall be considered entitled to remove Jo Marks Graphic Design’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 Jo Marks Graphic Design 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 Jo Marks Graphic Design 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.
By supplying images, text, or any other data to Jo Marks Graphic Design, the customer grants Jo Marks Graphic Design permission to use this material freely in the pursuit of the design and to utilise the designs in Jo Marks Graphic Design’s online portfolio unless agreed otherwise.
Should Jo Marks Graphic Design, 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 Jo Marks Graphic Design to remove and/or replace the file.
The customer agrees to fully indemnify and hold Jo Marks Graphic Design 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.
Rights and Ownership
All services provided by Jo Marks Graphic Design shall be for the exclusive use of the client and those authorised by it other than for Jo Marks Graphic Design’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by Jo Marks Graphic Design shall be granted:
• Client to gain full transferable rights to brand identity.
• Client to gain full license to reproduce works through commercial printers.
The client shall be entitled to full copyright and ownership of all final artwork created upon full payment of the agreed fee and therefore the client will be responsible for intellectual property.
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. Jo Marks Graphic Design will not be held responsible for any and all damages resulting from such claims. Jo Marks Graphic Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Jo Marks Graphic Design responsible for any such loss or damage. Any claim against Jo Marks Graphic Design shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Jo Marks Graphic Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Jo Marks Graphic Design in electronic format as standard text (.txt), MS Word (.doc) or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Jo Marks Graphic Design via electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Jo Marks Graphic Design will not be held responsible for any image quality which the client later deems to be unacceptable. Jo Marks Graphic Design 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 Jo Marks Graphic Design of a design project’s duration is to be considered by the customer to be an estimation. Jo Marks Graphic Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date of the project acceptance or the date that cleared funds of the deposit (if required) are received by Jo Marks Graphic Design.
Design Project Completion
Jo Marks Graphic Design considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Once final proofs have been signed off, Jo Marks Graphic Design cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
The customer agrees to allow Jo Marks Graphic Design to place a small credit on printed material, exhibition displays, advertisements and/or a link to Jo Marks Graphic Design’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 Jo Marks Graphic Design to place all designs on Jo Marks Graphic Design’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Jo Marks Graphic Design 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. Jo Marks Graphic Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Jo Marks Graphic Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Jo Marks Graphic Design to remove the contravention without hindrance, or penalty. Jo Marks Graphic Design is to be held in no way responsible for any such data being included.
Cancellation of orders may be made by e-mail. 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 14 days.
Jo Marks Graphic Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Jo Marks Graphic Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Jo Marks Graphic Design 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 Jo Marks Graphic Design responsible for any such loss or damage. Any claim against Jo Marks Graphic Design shall be limited to the relevant fee(s) paid by the customer.
Jo Marks Graphic Design 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. Jo Marks Graphic Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Jo Marks Graphic Design 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 Jo Marks Graphic Design constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Jo Marks Graphic Design’s Terms and Conditions.