Our Business Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by DS Graphics. All work is carried out by DS Graphics on the understanding that the client has agreed to DS Graphics terms and conditions. Copyright is retained by DS Graphics on all design work including words, pictures, ideas, visuals and illustrations (unless specifically supplied by the ‘client’) until after all costs have been settled. DS Graphics retains the right to display the item/s in any online or offline portfolios, and for the purpose of marketing or advertising our services on or offline.
At the time of proposal, DS Graphics will provide the client with a written estimate or quotation. The Terms and Conditions can be read on our website (www.ds-graphics.co.uk). A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to DS Graphics. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept DS Graphics terms and conditions. No work on a project will commence until either document has been received by DS Graphics.
Design / Installation
Due to the limitations and the sensitivity of the various substrates, it is impossible to reproduce all colours accurately. Therefore, in the absence of a representative from your company to select the appropriate colour sample, reproduction will be at our discretion. If applying vinyl to a vehicle, it must be delivered to our premises or designated address clean and free from grease, wax and traffic film. DS Graphics cannot accept reasonability for damage to paintwork when the vinyl is removed and would not advise application on a re-sprayed surface. In the case of full vehicle wraps, we recommend trimming out the vinyl from deep recess areas to avoid excessive pull on the adhesive due to stretching.
Charges for design services to be provided by DS Graphics will be set out in the written estimate or quotation that is provided to the client. At the time of the client's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until DS Graphics has received this amount.
On receipt of the art work supplied by DS Graphics you may wish to alter or amend the design. Included within our original artwork quotation fee will be one set of amendments. This set would consist of up to five changes to the colour and composition of the original artwork. The client also agrees that DS Graphics holds no responsibility for any amendments made by any third party, before or after a design is published.
Charges for Other Services
Charges for any additional services over and above the original estimate will need to be authorised by the client. Any additional charges will be added to the original quotation figure and will be fully payable on completion of works.
Once approval of works is authorised by the client, the remaining balance will become payable immediately. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2.5% per month/part month of the outstanding balance. Balance payments are to be made by cash or cheque. Publication and/or release of work done by DS Graphics on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of £50 per returned cheque. DS Graphics 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 up to and over 30 days from the date of invoice, or following a returned cheque. In this instance DS Graphics shall be considered entitled to close the client's project and should this need to be recalled, a charge of £25 will be applicable. Such action does not relieve the client of it's obligation to pay the due amount. Clients whose accounts become default agree to pay DS Graphics 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 DS Graphics for inclusion in the client's artwork or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by DS Graphics on behalf of the client, will remain the property of DS Graphics. The client may request in writing from DS Graphics, the necessary permission to use materials (for which DS Graphics holds the copyright) in forms other than for which it was originally supplied, and DS Graphics may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to DS Graphics, the client grants DS Graphics permission to use this material freely in the pursuit of the design. Should DS Graphics, or the client supply an image, text 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 client will agree to allow DS Graphics to remove and/or replace the file on the site or printed media where necessary. The client agrees to fully indemnify and hold DS Graphics free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
All design work- where there is a risk that another party 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. DS Graphics will not be held responsible for any and all damages resulting from such claims. DS Graphics is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold DS Graphics responsible for any such loss or damage. Any claim against DS Graphics shall be limited to the relevant fee(s) paid by the client. Images which are supplied in an electronic format are to be provided in a format as prescribed by DS Graphics via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing and DS Graphics will not be held responsible for any image quality which the client later deems to be unacceptable. DS Graphics 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, stock photography searches, media conversion or digital image processing.
Design Project Duration
Any indication given by DS Graphics of a design project's duration is to be considered by the client to be an estimation. DS Graphics cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by DS Graphics for the initial payment or by date confirmed in writing by DS Graphics. The client agrees to supply DS Graphics with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
DS Graphics considers the design project complete upon receipt of the client's Approval. Other services such as printing, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge. DS Graphics will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
The client agrees to allow DS Graphics to place a small credit on printed material, exhibition displays and advertisements. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
Rights of Refusal
DS Graphics 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. DS Graphics also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that DS Graphics does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow DS Graphics to remove the contravention without hindrance, or penalty. DS Graphics is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, DS Graphics will need formal notification in writing to the company's postal address. 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. Please note: any cancellation which is not formally confirmed in writing and received by DS Graphics within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Cancellation of days booked for sub-contracted labour will incur a cancellation fee of £50 unless 2 working days notice is given.
DS Graphics makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. DS Graphics will not be held responsible for any and all damages resulting from products and/or services it supplies. DS Graphics 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 client agrees not to hold DS Graphics responsible for any such loss or damage. Any claim against DS Graphics shall be limited to the relevant fee(s) paid by the client. DS Graphics 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. DS Graphics 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. DS Graphics 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 DS Graphics and validated by way of the client's signature or an authorization e-mail on the estimate or quotation form, 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 DS Graphics.