Trade with Gamson Gray is subject to the following terms and conditions.
”Gamson Gray’ means ‘Gamson Gray – partnership: Daniel Renshaw, Joshua Bone and Andrew Cooper’.
The ‘Client’ and ‘Buyer’ means the individual/s, partnership, company, agency or organisation who commissions Gamson Gray or purchases any products or services from Gamson Gray.
The ‘Commission’ means a direct commission/purchase for website design, maintenance, hosting, domain name registration, graphic design, print, signs, signage, signboards, banners, audio/video production, audio/video post production or any other goods or services supplied or provided by Gamson Gray.
On commissioning Gamson Gray (whether for graphic design, logo and branding design, print, website design, maintenance, hosting, domain name registration, graphic design, print, banners, audio/video production, audio/video post production or any other goods or services supplied or provided by Gamson Gray) to undertake the work required, the Client is deemed to have accepted and will abide by these terms and conditions.
You are judged to have read and understood these conditions. It is a condition of placing an order that you are bound by these terms.
Gamson Gray reserves the right to terminate any business relationship if a Client is deemed to have failed to abide by these terms and conditions.
Below is a list of the main terms that are applicable to all orders placed with Gamson Gray.
No order will go to design/print/production until payment has been made in full.
No order will go to design/print/production until print-ready artwork has been received or all artwork required for design by Gamson Gray to allow for design to be completed.
Artwork must be 1) in CMYK, 2) have a resolution of 300dpi, 3) have a 2mm bleed, 4) be the correct dimensions, and 4) be supplied in the correct file format.
Where graphic design for print/production is completed by Gamson Gray, at the request of the client, clear and concise instructions must be received in writing for completion of graphic design, including logo artwork (in correct format required by Gamson Gray), text required in the document/artwork design, images (except where supplied by Gamson Gray as part of the commission), exact dimensions (where not a standard size) and orientation of the chosen design.
In circumstances where this information is omitted or not supplied by the client in writing, the design is created from the client’s brief supplied verbally as accurately as possible. Commissioned work cannot be rejected and will not be re-designed where completed in the absence of clear written instructions. For further details see ‘Proofs and Errors’ below.
Minor alterations will be made on any design artwork provided will be made on a up to three occasions. Further additions or amendments to the design, or complete format changes resulting in a re-design will be made at additional charge.
All print/production will be returned within a set turnaround, following receipt and clearance of full payment.
Turnarounds come into effect at 10am on first working day after payment is made (For further details see payment terms) and artwork is approved.
For example: if payment is made at 3pm on Tuesday then the first working day is Wednesday.
Confirmation of approval of the proof artwork is required by e-mail before any artwork is sent to print/production.
Please label disks and files clearly. Do not include files that are not connected to the print job.
Gamson Gray cannot be held responsible for printing/production of goods from incorrect files if proofs are not supplied or requested.
If a seperate delivery address is not stated on order the goods will be delivered to the invoice address.
Lost, missing, or damaged deliveries must be reported in writing within 3 working days of delivery due date for claims to be made.
All complaints must be submitted in writing within 3 working days.
All preliminary work undertaken whether experimentally or otherwise will be charged at current rates.
Gamson Gray will not be bound by any price quoted on the telephone. A firm quotation in writing shall be the only binding form and deemed valid only after Gamson Gray have received and approved artwork.
Proofs and Errors
An extra charge will be made for major corrections, amendments, alterations in style or content and for corrected proofs. On request proofs are available for customers approval.
Clear and concise instructions must be received in writing for completion of graphic design; where ommitted the design is created from the brief supplied.
No responsibility or liability will be accepted by Gamson Gray for- (i) any errors after the proofs have been approved by the customer or (ii) for any material for which the customer has given instructions that allow for artists’ license (iii) any errors in spelling or grammar made by our designers where proofs have been submitted to the customer.
Any orders taken by telephone will be accepted only at the customer’s own risk. Order details and signature should accompany all posted orders.
Proofs are deemed to have been approved at the point of receipt whether or not a signature has been received. Proofs are not colour calibrated and no responsibility will be accepted for deviations in colour from the proof supplied.
Any complaints about services provided or work supplied deemed by the buyer to be the fault of Gamson Gray should be submitted in writing within 7 days of delivery or receipt of invoice, whichever occurs sooner.
After this date all goods and/or services will be deemed to be acceptable for use. Any usage of the goods supplied will be deemed as acceptance of the goods. Gamson Gray shall only consider financial recompense upon return of the goods in full, or that part of the supply deemed unacceptable.
Payment by the Client is required on placing the order for any commissions. The commissioned work will not be commenced and/or supplied until payment has been received in full.
Where payment on account is provided (subject to prior approval) all invoices must be paid for in full within fourteen days of date of issue. Invoices will be issued on commission of work. Payment on account may be withdrawn at any time.
Discount is provided at the sole discretion of Gamson Gray. Where a Client is deemed to be in default of payment and/or these terms and conditions, the discount will be withdrawn and the applicable invoice/s amended, resulting in full charges being applied for which discount was previously provided.
Graphic, printed media or other products or services provided remain the property of Gamson Gray until paid for in full. Gamson Gray reserve the right to remove websites of Clients who are in default of payment. Additional charges will be payable in these circumstances to re-instate the website; this also applies where a Client instructs Gamson Gray to remove a website for whatever reason, unless the Client wishes to terminate the business relationship. Transfer of domain names will not take place if there is any default or arrears of fees.
In the event of the processing of the customer’s order being suspended or delayed as a result of any act or omission on the part of the customer for a period of 14 days, Gamson Gray shall be entitled to payment for that part of the work relating to the customer’s order which has been processed.
If the customer fails to supply requested information or approval and/or further written instructions for minor amendments for supplied artwork for approval for a period exceeding 10 working days, thus preventing the completion of the order, Gamson Gray will be entitled to invoice for the full amount.
If the customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Gamson Gray, Gamson Gray shall be entitled: – to cancel the contractor or suspend any further deliveries to the customer; to appropriate any payment made by the customer as Gamson Gray may think fit (not withstanding any purported appropriation by the customer); and to charge the customer with all costs and expenses involved in collecting the overdue payment.
If credit card details have been used to make previous payments we reserve the right to draw any overdue balance from the card if we are unable to obtain payment by any other method.
A Finance Charge will be made on unpaid balances at the rate of 9% above the Bank of England base rate per month, plus a reminder fee of £8 for each reminder issued to the Client. This charge will be computed by applying the monthly rate to the statement value at the start of each calendar month, until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest). The buyer shall be liable to pay same in the event of late payment even after payment of the principal sum, acceptance of which does not absolve the buyer from liability for such interest.
Payment with 14-day terms, where granted, shall be at the discretion of Gamson Gray and may be subject to completion of an application form for credit. 14-day terms are subject to withdrawal at any time. A credit limit of £500 applies for all 14-day accounts and will only be increased upon written application and further approval. Any account exceeding this limit will be judged to be a failed payment, and become due immediately with interest chargeable from the date of invoice. Deliveries of order will be suspended on all overdue accounts. Any cheques returned or stopped will be charged to the customer at £10 per instance, and accounts will be placed immediately on stop.
Clients who are in default of payment will not have their website re-instated until payment is received, cleared and up to date. Costs and charges incurred in hastening the payment of an outstanding balance will be chargeable to the Client. Unpaid debts of Clients may be referred to a Debt Recovery Agency to obtain payment – all charges for services are liable to the Client. At the discretion of Gamson Gray the debt may also be recovered by through action in the civil courts.
Domain names are renewed automatically on an annual basis on behalf of Clients by Gamson Gray unless the Client instructs us otherwise. The renewal fees will be invoiced to the Client accordingly at current advertised rates. Domain names remain the property of Gamson Gray until such time as any outstanding amounts relating the registration and/or other products or services supplied to the client by Gamson Gray.
All invoices for work undertaken will be issued in advance and are to be paid in full prior to the delivery of the commissioned work; unless previously agreed in advance. Invoices for the annual renewal of domain names, hosting, maintenance and updates to websites will be issued prior to the period concerned and must be paid for in full, unless previously agreed otherwise in writing.
All charges are subject to change without prior notice. Gamson Gray reserves the right to alter prices at any time without prior notice.
Where a Client chooses to terminate a business relationship with Gamson Gray all outstanding fees are payable prior to transfer of any domain names.
Goods will be delivered by the most economical means by a carrier of our choice. Should the customer specify another means i.e. “overnight AM” the additional charges will be for their account. If the company undertakes to deliver the goods on or before a stated date, it shall use its best endeavours to comply therewith, but in the event of late delivery, the buyer shall not be entitled to vary or cancel the order nor shall Gamson Gray be liable for any resultant damages consequential or otherwise occasioned by reason of a delay.
Any damages caused in transit are the sole responsibility of the carrier and shall be governed by their terms and conditions. Responsibility for all insurance claims resulting shall lie with the client. Gamson Gray only use couriers who insure goods for their value at point of sale.
The signature of any employee or agent of the buyer is proof of receipt. In the event that Gamson Gray cannot or do not obtain a signature the risk in the goods will nonetheless be born by the client.
The buyer will be liable for any additional carriage, storage charges, losses or damages arising if the customer refuses to take delivery of the goods ordered.
The Company reserves the right to make partial deliveries. Goods in each delivery or part delivery shall be considered sold under separate contract, which may be invoiced separately. Neither any non-delivery, nor shortages in delivery nor any claim by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject any other goods.
Additional work/updates to Websites
Initial alterations to the content of a website are included within the first two weeks of the site being online following construction. Thereafter any updates are chargeable at our standard rates.
Any work carried out after the initial construction of the website is subject to an update charge; packages of updates are available for Clients who wish to regularly update their website. Clients who have not previously requested an update package will be charged the standard single update charge that is applicable.
Where a Client wishes to upgrade their website, a standard fee will apply for the additional page/s required.
In circumstances where additional pages are created by Gamson Gray at no charge to the Client, over and above the original commission, Gamson Gray reserves the right to remove any such addtional pages and revert the site to the original number of commissioned pages for the website, at any time.
Search engine optimisation is completed on initial creation of the site and monitored closely for the first three months. Thereafter requests from Clients for alterations will be subject to our standard update charges. No guarantees about the search engine rankings of Client websites are made by Gamson Gray.
Client Website Updates
Updates to Client websites are chargeable at the current published price list at the time of request, either individually or as part of an update package. Submissions by Clients for inclusion on their website must be legible and free from all but minor, occasional errors. Where a Client repeatedly submits content that requires lengthly alteration and correction additional fees will be payable.
Gamson Gray endeavours to apply updates to a website within 48 hours of receipt, but this is not guaranteed. Gamson Gray does not offer a guaranteed time period for updates to be applied to a website.
By prior arrangement a system can be put in place where the Client has limited access to update chosen sections of their website. Fees are payable for this facility.
The Client is responsible for the personal computer where the software is installed, ensuring the operating system software is up-to-date (including any latest security patches), that it has an up-to-date firewall and antivirus software. All fees for the firewall, anti-virus software, operating system software and internet fees are payable by the Client. At any time Gamson Gray may request to inspect a computer to ensure the Client has met the criteria, before or after installation of the software. Refusal will be a breach of our terms and conditions and result in termination of business, without refund.
Clients must not post content on their websites that breaches our standard terms and conditions. In particular, content posted must not be personal to, derogatory or aimed at a particular individual, company, group or organisation.
Any complaints received from third parties as a result of content posted by Clients will be investigated. Any content deemed inappropriate may be removed by Gamson Grayand any further action taken that may be deemed necessary, including terminating the facility for Clients to update the website. The decision of Gamson Gray is final. Fees for work carried out by Gamson Gray as a result of action deemed necessary will be chargeable to the Client.
Gamson Gray will not be held responsible for any content posted by Clients. The Client agrees to indemnify Gamson Gray from any legal action brought against Gamson Gray as a result of content posted by the Client.
All updates to websites made by Clients must not alter the integrity of the website and must maintain the full accessiblity of the site, to the level stated for the site for the specified code (to World Wide Web Consortium standards). Clients who fail to ensure that the integrity and accessibility is maintained to the required standard may have the facility withdrawn at any time at the discretion of Gamson Gray; in such circumstances no refunds, in part or in full, will be provided. Where a Client does not ensure that the updates meet accessibility standards the Client will indemnify Gamson Gray from any legal action brought by a third party against Gamson Gray.
Updates to websites by Clients shall only be completed by the software installed (Adobe Contribute) by Gamson Gray on Clients computers or via their CMS admin login. Clients will not be granted access to the server via FTP or other means. Unauthorised access to the server is a breach of our terms and conditions, resulting in termination of the account.
Support to rectify problems with the software installed on the computer or updates to the Client’s website will be chargeable at our standard rates. Gamson Gray does not offer support to rectify problems with the computer hardware or software installed by the Client.
Upgrades/Downgrades to Websites
When commissioning a website, a Client is committed to that commissioning contract for a twelve (12) month period. If during that twelve (12) month contract a Client wishes to change any part of the package, then the exisiting contract will cease, without any refunds, and a new contract will take effect. The Client will be responsible for any additional costs in the setting up of the new contract, including any design work, site maintenance, additional software and any administration charges that are deemed necessary by Gamson Gray. It will be the responsibility of the Client to make sure all payments for changes are paid in full before any work is carried out on the website.
A Client may wish to have e-mail accounts set-up in their Microsoft Outlook Express software to integrate with their website e-mail addresses. If the Client is unable to set-up the account/s then Gamson Gray will be able to do this for the Client.
However, Gamson Gray accepts no responsibility for any problems experienced with the e-mail accounts, the operating system or any other problem relating to the hardware or software of the Client’s computer. Any e-mail accounts created by Gamson Gray on behalf of the Client is done so entirely at the Client’s risk.
Gamson Gray is not responsible for the browser, anti-virus, firewall, spam filter, anti-spyware or anti-trojan software, nor any other e-mail accounts created by the client.
Following initital set-up of the e-mail account further support to the Client is chargeable at our standard published rate at the time that e-mail technical support is required. Gamson Gray reserves the right and may choose to sub-contract this work as deemed necessary.
Services and Packages
Gamson Gray reserves the right to amend and/or improve the services and packages available, along with prices, without prior notice.
Offers and Discounts
Offers or discounts provided (including additional package/service benefits offered free of charge) by Gamson Gray to Clients may be withdrawn at any time, without prior notice.
Renewal of package/services
Services and packages for websites are renewable annually. The Client may choose to renew the website service/package, including upgrading or downgrading the package previously chosen from the range of packages and services available, at the time of renewal. Gamson Gray reserves the right not to renew a service/package or business with a Client on the renewal date.
Content and Copyright
Content on websites and in reproduced graphic designed printed media must be owned by the Client. Clients must ensure that any images or content in websites or printed media that is not owned by the Client, must have the written consent of the copyright owner prior to inclusion.
Any content where the Client does not own copyright or have the written consent of the copyright owner for reproduction will not be included in websites or printed media. The Client agrees to indemnify Gamson Gray against any action brought against Gamson Gray due to copyright infringement of content submitted by the Client on the basis of owning or having the written consent of the copyright owner.
Content on websites and printed media must not be pornographic, racially or religiously offensive.
All websites are the property of Gamson Gray and may not be copied or duplicated, electronically or by any other means. Websites created by Gamson Gray are not for sale to clients. Clients who chose to terminate a business relationship with Gamson Gray have no right to the content of the website (save for text and copyrighted images supplied by the Client) or associated code; such code must not be copied in whole or in part.
Gamson Gray actively encourages and supports community websites, including those for charity and non-profit organisations.
Such websites must be fully accessible to all sections of the public in the widest possible remit. Accordingly all sections of the website must be open to the public. There should not be private or members only sections. Gamson Gray will assert the right to ultimate control over the content of its community websites to maintain them as a service to the community.
An individual, organisation or group submitting information or content for inclusion on a community website will be deemed to have accepted and will abide by the full Gamson Gray terms and conditions.
Gamson Gray may request clarirfication from an organisation as to the profit status, by examining accounts at any time. Organisations that are found to be profit making will no longer receive funding and sponsorship from Gamson Gray and may be charged for any professional fees due.
Gamson Gray fully support the initiatives regarding website accessibility. Accordingly, Gamson Gray strives to ensure that all websites created meet standards required by law with regard to accessibility. Not only is accessibility a requirement of law in many countries, Gamson Gray consider this is a fundamental requirement for all websites to allow access to all with disabilities as far as current technology and software allows and as such will not produce websites or maintain websites that do not meet the required accessibility standards.
Accordingly, websites may be re-designed at any time to meet the latest required accessibility standards, principally laid down by the World Wide Web Consortium. Gamson Gray expects Clients to be fully supportive of accessibility standards. However, in circumstances where a Client does not wish their website/s to meet the latest required accessibility standards, Clients may decide to terminate the business relationship with Gamson Gray. No refunds will be given in whole or in part in such circumstances.
Gamson Gray reserves the right to terminate a business relationship where a Client does not allow Gamson Gray to create and/or re-design a website that conforms to the latest website accessibility standards. No refunds will be given in whole or in part in such circumstances.
Gamson Gray may charge for website designed where the organisation leaves before the sponsorship period has ended.
Gamson Gray shall not be liable for any indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by any error, failure or delay in completing the order or by delay in delivery, including any alleged loss suffered from cessation of web services due to non-payment and/or due to holding pages posted or comments made stating that web or other services have been ceased due to non-payment. Time shall not be of the essence unless otherwise agreed in writing. Where work is defective for any reason, Gamson Gray’s liability (if any) shall be limited to rectifying such defects in so far as Gamson Gray is reasonably able to do so. Invoices must be settled in full before any consideration to disputes or refunds can be given.
Under or Oversupply
The amount of goods delivered shall be that ordered and stated on the Acknowledgement of Order. Gamson Gray reserves the right to supply either under or over the ordered amount by 20%. Undersupply shall be subject to a discount based on the proportion supply. Oversupply will not be charged for. When time is at a premium we reserve the right to oversupply to allow for cast-offs. We will usually strip out all bad print, however if we supply faster than our stated turnarounds we may have to leave in cast-offs. In the event of this happening responsibility lies with the client to remove all cast-offs up to 20% of the order.
Every effort is made to ensure sound material and good workmanship, but all warranties and conditions express or implied as to materials or workmanship, or the satisfactory quality or fitness of goods for any particular purpose, whether such purpose be known to the Seller or not, are excluded.
In the event of any goods proving defective however, the Seller is prepared at its sole option either: – a) to replace such materials free of charge, at the place of delivery and in the condition originally specified. b) to refund to the Buyer the Contract price of such goods, if required to do so, within a reasonable time, but not later than 12 months from the date of delivery. Any liability is limited to such replacement or refund and does not extend to any other expenditure incurred or to any consequential damages. For this warranty to apply the goods must:- (i) have been accepted and paid for by the Buyer and (ii) be found upon examination by the Seller to be defective, owing to faulty materials or workmanship., The Seller accepts no responsibility for fair wear and tear, incorrect or defective storage, fitting, installation or use, unauthorised reconditioning or repair, accident, neglect, or cause beyond the Seller’s control.
This warranty does not cover any defects caused by third party contractors or mistakes in typesetting or logo placement not pointed out in writing by the Buyer.
In the event of any such instance, Gamson Gray undertakes to pursue the matter to the best of its ability with the third party involved. Time will not be of the essence in such matters. Full settlement in any case should consist of the supply of the original order. No refund or cancellation of order is permitted due to third party errors.
Neither the company nor any of its suppliers, associate companies, officials, employees, shall be liable to the buyer or any third party for any loss or damage of any nature which may be suffered in consequence of any failure on the part of the company to deliver any goods timeously or at all or for any defects in goods arising from any other cause whatsoever, and the buyer hereby indemnifies the said parties and holds them harmless against all such claims and undertakes to be solely responsible for the satisfaction of all third party claims.
All special offers are governed by these and their own terms and conditions. Gamson Gray reserve the right to cancel any offer at any time without exception. In the event of different parties under the same organisational heading approaching Gamson Gray this shall be considered on individual merit and only if the Company considers the application to be genuine and from one client. A signed price agreement with that client may be required.
The guarantee of turnaround times is a courtesy extended to customers solely at our discretion. Turnaround will be calculated on the basis of supply before 3pm midday. Work submitted after 3pm will count as submission the following day. Refunds are subject to individual consideration and withdrawal at any time.
Errors and Omissions
Price lists, acknowledgements, invoices and the like are subject to correction for any errors or omissions.
Customer’s artwork and any other property supplied to Gamson Gray by or on behalf of a customer will be held and worked upon at the customer’s own risk. A charge shall be incurred where Gamson Gray have to adjust artwork not supplied to the guidelines set out by the Company. Any additional work (adding bleeds, relaying artwork, typesetting or downloading fonts, separation etc.) is charged at £50 per hour. Please ensure artwork is print-ready. This will enable us to process your artwork within the turnaround times and to print your work within the time specified.
Customer’s Own Materials
Gamson Gray reserve the right to reject any plates, paper or other materials supplied or specified by the customer which in Gamson Gray’s sole discretion it considers to be unsuitable. Gamson Gray reserve the right to make additional charges for any additional costs incurred if such materials are found to be unsuitable during production.
a) The customer shall ensure that he has full authority to reproduce any material in which copyright subsists and Gamson Gray reserves the right to refuse to undertake any work which infringes, or appears to infringe, the copyright of a third party.
b) The customer shall fully indemnify Gamson Gray against any action, claim, demand, costs, charges and expenses arising from libel, or incurred by reason of any infringement or alleged infringement of any copyright letters patent, registered design trade mark, trade name, industry guidelines or any other intellectual property rights protected in the United Kingdom or any laws for the time in force in the United Kingdom by the publication or use or sale of the goods and against all costs and damages which Gamson Gray may incur in any action for such infringement for which Gamson Gray may become liable.
c) In the event of any claim being made or action brought against the customer arising out of the matters referred to in this clause, Gamson Gray shall be promptly notified thereof.
d) The customer warrants that any design material, SMS content, or instructions furnished or given by him are not libellous or such as will cause Gamson Gray to infringe any copyright letters patent, registered designs, trade marks or trade name, or any other intellectual property rights or any legislation for the time being in force in the United Kingdom in the performance of the contract.
If for any reason the customer is unable to accept delivery or collect the goods at the time when the goods are ready Gamson Gray shall be under no obligation to store the same. Gamson Gray may however, at its discretion and if its storage facilities permit, store the goods but at the customer’s risk and the customer shall be liable to Gamson Gray for the reasonable cost (including insurance) of it so doing.
Risk and Ownership
Ownership of the goods being the subject of this contract shall not pass to the buyer until they are fully paid for, but the risk in the goods shall be borne by the buyer from the date of uplift to the customer or where stored in accordance with ‘storage’ above. Rights of ownership of all artwork and multimedia work remain with Gamson Gray excepting where a specific fee has been paid for the ownership of these services and a certificate has been issued with the invoice.
The buyer shall be liable for all legal costs (including attorney and own costs, collection, commission and tracing agents’ charges) incurred by the company arising out of any breach of the buyer’s part. In the event of any breach on the buyer’s part, the company shall be entitled to cancel the contract and to retain all amounts paid without prejudice to its rights to recover damages. No indulgence, leniency or extension of time which the company may grant or show to the buyer shall in any way prejudice the company or preclude the company from exercising any of its rights in the future.
Subject to the provisions hereof, no contract shall be capable of cancellation.
Gamson Gray will make every effort to carry out the customer’s instruction and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond Gamson Gray’s control (without limiting the foregoing) including inability to secure labour, materials or supplies, breakdown of machinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation, failure of power supply or any cause beyond Gamson Gray’s control. During the continuance of such contingency the customer may by notice in writing to Gamson Gray elect to terminate the contract and pay for work done up to such notice and for materials used, but subject thereto shall otherwise accept delivery when available.
This agreement shall be governed by the laws of England and Wales.
These Terms and Conditions may be varied from time to time. Such variation shall be notified on the Gamson Gray website.
Last updated: 2009/07/20