GSD® Terms & Conditions of Business
1. Cost Variation: Quotations are based on the current costs of production and are subject to amendment by Graham Shapiro Design Ltd (GSD®), on or at any time after acceptance to meet any rise or fall in such costs.
2. Value Added Tax: All quotations from Graham Shapiro Design Ltd (GSD®),exclude VAT which will then be charged at the current rate when the invoice is raised, if appropriate. Some projects can be zero rated.
3. Preliminary/Speculative Work: Work produced, whether experimentally or otherwise, at customer’s request will be charged for.
4. Graphic Design & Website Proofs: Author’s corrections after first proof, including alterations in style, will be charged extra. Proofs of all work must be submitted for client’s approval, and no responsibility will be accepted for any errors in proofs passed by him.
5. Delivery and Payment: After 30 days following delivery and acceptance of goods, payment will become due. Payment shall become due from the expiration of 30 days following delivery of goods.
6. Expedited Delivery: Should expedited delivery be agreed and necessitate overtime or other additional cost, an additional charge may be made.
7. Variations in Quantity: Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon a margin of 5%Â (in colour work 10%) being allowed for overs or shortage, the same to be charged for or deducted as appropriate.
8. Claims: Claims arising for damage, delay, or partial loss of goods in transit must be made in writing to Graham Shapiro Design Ltd (GSD®),and the carrier, so as to reach them within three days of delivery. Claims for non delivery must be made within seven days of despatch. Graham Shapiro Design Ltd (GSD®),will not be liable for any claim unless the above requirements have been complied with.
9. Liability: Graham Shapiro Design Ltd (GSD®),does not accept liability for indirect or consequential loss, or for any loss to the customer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
10. Standing Matter: Type may be distributed and lithographic, photogravure or other work effaced immediately after the order is executed unless arrangements are made to the contrary.
11. Client’s Property Supplied:
a) Client’s property supplied to Graham Shapiro Design Ltd (GSD®),by or on behalf of the client will be held at client’s risk.
b) Every care will be taken to secure the best results where materials or equipment are supplied by client, but responsibility will not be accepted for imperfect work caused by defects in or the unsuitability of such materials or equipment.
c) Where the client supplies materials, adequate quantities shall be supplied to cover spoilage.
12. General Lien: Graham Shapiro Design Ltd (GSD®),shall in respect of all unpaid debts due from the client have a general lien on all goods and property in its hands, and shall be entitled on the expiration of 30 days notice to dispose of such goods or property as it thinks fit and apply the proceeds towards such debts.
13. Illegal Matter:
a) Graham Shapiro Design Ltd (GSD®),shall not be required to publish any matter which in his opinion is or may be of an illegal or libellous nature.
b) Graham Shapiro Design Ltd (GSD®),shall not be indemnified by the client in respect of any claims, costs and expenses arising out of any illegal or libellous matter published for on on behalf of the client or any infringement of copyright, patent or design.
14. Force Majeure: Every effort will be made to carry out the contract, but its due performance is subject to cancellation by Graham Shapiro Design Ltd or to such variation as it may find necessary as a result of inability to secure labour, materials or supplies as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the control of Graham Shapiro Design Ltd(GSD®),.
15. Purchase Order: Where artwork is designed and finished to customer’s instructions Graham Shapiro Design Ltd (GSD®),reserves the right to charge for such artwork, whether or not the customer places an order based on such artwork.
16. Copyright: On completion of work, and payment of final fees, full copyright of designs will be passed over to the client without restriction. However, where Graham Shapiro Design Ltd (GSD®),has undertaken speculative design work, full copyright belongs to Graham Shapiro Design Ltd until the designs are approved by the customer and paid for in full.
17. Website Warranty Policy: Graham Shapiro Design Ltd (GSD®),shall solve any website software problems that they have created for a client for a one month period, after the signed approval and launch of the website. Graham Shapiro Design Ltd (GSD®),shall not be liable for claims arising from any problems or issues after this period. Graham Shapiro Design Ltd (GSD®),will however try to solve future software or website development /problems issues, but a fee for this service will be charged for at an agreed price.
18. Webserver Usage Policy: The Fair Usage Policy at Graham Shapiro Design Ltd (GSD®),is to make sure clients administration access and use is as quick and reliable as possible. To keep our quality of service to the maximum for all clients, we may monitor the amount of uploads you make to the server and ask that you limit file size to the minimum, therefore not affecting all clients web services. Individual clients will be contacted directly if problems occur. This webserver usage policy only applies if Graham Shapiro Design Ltd (GSD®),host the website.
19. WSLA (Website Service Level Agreement): If Graham Shapiro Design Ltd (GSD®),host the website we will endeavour that your website is online at all times. Graham Shapiro Design Ltd (GSD®), guarantee that your website will have an uptime of at least 99%. If any problems arise, Graham Shapiro Design Ltd offers no compensation for your website being offline, but do offer you our best attention at all times to resolve the problem as quickly as possible.
20. Anti-Virus Policy: Graham Shapiro Design Ltd (GSD®),shall not be liable for claims arising from webserver or website viruses on the internet which may cause problems to the clients websites, e-mails or computer. Graham Shapiro Design Ltd (GSD®),suggests all clients have an up-to-date anti-virus software on their computers at all times to protect them from this.
21. CMS Lease: Graham Shapiro Design Ltd (GSD®) provide the Graham Shapiro Design Ltd (GSD®),CMS (Content Management Software) on a lease basis unless stated otherwise in the client quotation or contract. If not stated then the CMS, files and source code remain the property of Graham Shapiro Design Limited (GSD®). Graham Shapiro Design Ltd (GSD®) are not obliged to provide access to any files integral to the CMS system however data collected via the CMS system can be provided upon request.
22. Smartphone App Updates: Once the application of a Phone Application has been made to relevant company such as Apple -once accepted and used within the Application Store, no changes can be made. If further modifications or changes are required to the App, a fresh application to Apple must be put forward and an additional charge will be incurred to the client for this.
23. Smartphone Compatability: Apple iPhone, iPad, Android and BlackBerry smartphone software platforms are not compatible with each other. They are different applications and therefore quoted as separate Graham Shapiro Design Ltd (GSD®), projects.
24. Smartphone RSS Feeds: To allow for instant updates via the application certain features may require an RSS feed to be provided in order to eg. pull the news and stories from a current website database. Graham Shapiro Design Ltd (GSD®),can supply an additional quote for producing RSS feeds in the event that this can’t be completed or supplied by the client.
25. Smartphone Software Updates: Apple, Android and BlackBerry can make spontaneous software updates which are compulsary to keep an app up to date with technology. As and when these updates are required, Graham Shapiro Design Ltd (GSD®),will charge an additional fee for any code updates or applications that have to be made. This is out of Graham Shapiro Design Ltd’s (GSD®s),control and Graham Shapiro Design Ltd (GSD®),cannot be held responsible for the amount of software updates required. Updates are likely to at least happen annually per platform. You can choose not to keep your app up to date with the latest software but the app may not operate fully.
