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Graphic design terms and conditions

This document contains terms and conditions for the provision of graphic design services. It has been drafted to take particular account of the interests of the services provider, and accordingly may be a good basis for preparing the standard terms of trading of a graphic design business.

The document's treatment of intellectual property in the designer's work product is relatively flexible. The intellectual property rights may be assigned to the customer, licensed to the customer, or subject to some mixture of assignment and licensing.

The document does not take account of consumer protection legislation and therefore should not be used in connection with business-to-consumer contracts.

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Graphic design terms and conditions contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term: indefinite, acceptance, event or date; each contract distinct.
  3. Services: obligation to provide services; standard of services; devotion of personnel to services; keeping customer informed of services; services: compliance with reasonable customer requests.
  4. Deliverables: obligation to deliver deliverables; feedback on deliverables; timetable for delivery of deliverables; deliverables warranties.
  5. Acceptance: acceptance review by second party; deemed acceptance of deliverables; deliverables do not meet acceptance criteria in review; subseqent failures of deliverables to meet acceptance criteria in review; consequences of acceptance of deliverables.
  6. Client
    Materials:
    supply of second party materials; licence of second party materials; warranties relating to second party materials.
  7. Intellectual Property Rights: assignment of intellectual property rights in deliverables; licence to use deliverables; mixed assignment and licence of rights; licensing of third party materials; waiver of moral rights in deliverables; further assurance (intellectual property).
  8. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
  9. Timesheets: obligation to keep timesheets; obligation to supply timesheets.
  10. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
  11. Designer
    's confidentiality obligations:
    first party confidentiality undertaking; disclosure of confidential information by first party to certain persons; exceptions to first party's confidentiality obligations; disclosures of second party confidential information mandated by law etc; first party to stop using confidential information upon termination; first party to return or destroy confidential information following termination; first party confidentiality obligations after termination.
  12. Designer
    's publicity obligations:
    no public disclosures by first party; permitted public disclosures by first party.
  13. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  14. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
  15. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  16. Termination: termination without cause (optionally assymetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
  17. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  18. Status of
    Designer
    :
    first party is independent contractor not employee; no redundancy or compensation.
  19. Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
  20. Subcontracting: subcontracting permitted.
  21. General: no waiver; severability; variation written and signed; assymetric assignment of contractual rights; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  22. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

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