Terms and Conditions

• For all new clients payment for the full or part amount may be requested in advance of commencement, as agreed between parties. For any subsequent payment invoiced work, the Company must receive full payment not later than 30 days after the date of the Invoice. The Company reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time. Client credit screening may affect any subsequent credit agreement.

• Once the deposit is paid and we have it confirmed, it is not refundable. This is the green light for the project beginning. This means the Creation process will only start when the deposit is made and deadline agreed. If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that Guava Design Agency judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing.

• Guava Design Agency will have a lien over any product, data or materials if all payments due from you have not been paid and cleared in full within 1 month from the date of the invoice. We reserve the right to withhold the supply of goods.

 

• All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only and it constitutes the scope of the project. . Any additional services required to complete a project will be quoted for, flagged to the client in advance and charged accordingly. Deliveries and couriers are additional and the client will be advised. If it is not in the Estimate/Invoice, installation, survey, image editing, fonts, paid images, is not added to this quote.

• If any survey or samples is needed the Studio will need to check for an extra charge for this, check with us before ordering it;

• Extra costs with fonts, image source fees can be applied and the client will be flagged in advance.

• Guava Design Agency reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more then stage invoicing will occur.

• In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform Guava Design Agency immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.

 

• All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines.In this case it is highly recommended that the Client give Guava Design Agency the feedback and the answer they are answer for, to be able to meet the deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs. Guava Design Agency will not be considered responsible for any delays in the Clients project schedule.

• Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control. If the project is not finished in the time agreed, the client      will need to make the rest of the payment and the project will be put on hold. Once the client is ready to continue with the project Guava Design needs to be notified to manage the schedule to be able to finish the project. Resumption of works on the project would be completed according to the original schedule of costs so long as the project specification remained unaltered.

• All estimates/invoices are based on expected or agreed design time and include two sets of authors corrections where alterations are called for by the Client, or if additional changes are required by the client. All changes must be requested by email.

• Once final proofs/materials have been signed off by the client, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.

• The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing and Portfolio activities, both online and offline such as Social Media, Portfolio Platforms and Website, brochures, unless otherwise requested/agreed with the Client.

• In good faith, Guava Design Agency would hold any supplied files, originals and materials for a period of up to 6 months. It is the client’s responsibility to save all the original files sent once the project is finished in his own driver or computer.

• All creative work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of the Company until full payment has been made on the Client’s account, and all project costs have been cleared.

• It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, company names, logos, videos, data, as well as intellectual property in other media) supplied to Guava Design Agency by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Guava Design Agency will not accept responsibility/liability for infringements caused by any wrongly supplied materials. It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company, contacting their accountant or lawyer.

• The Company reserves the right to the addition of our Company credit on printed or digital projects unless instructed otherwise by the Client and, to the use for self-promotion any work carried out for the Client.

• It is the responsibility of the Client to inform the Company in writing of any changes of address, telephone or email. (whether this is registered, invoicing and/or delivery address).

• Guava Design Agency reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the company and such services are deemed to be carried out ‘indirectly’ by the Company.

• As part of larger projects which involve 3rd parties commissioned directly by the client, Guava Design Agency will not be held responsible in any way for services not carried out/managed directly or indirectly by the Guava Design Agency

• The advice of any loss, quality or damage issues in any product or service provided must be reported to Guava Design within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.

• Every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5%. Guava Design Agency reserves the right to change/alter ordered amounts in the Clients best interest.

• Whilst taking every care to protect all media and correspondence supplied, Guava Design Agency cannot accept liability or be held responsible financially or otherwise for any loss. Disputes will not be entered into.

• Guava Design Agency cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.

• Guava Design Agency cannot guarantee the Client exclusivity, it means the Company can work in other projects with companies that may be the Client’s competitor, partner or supplier. However, Guava Design Agency guarantees that all information from each client will be kept as confidential.

• In accordance with GDPR, should the Client wish for Guava Design Agency to handle/process any of their customer data or to provide systems to process personal data (eg web-based databases), it is the Client’s legal responsibility to ensure the processes requested of us are data-compliant and to have a written contract in place with us to carry out such processes. Furthermore, it is the Client’s responsibility to ensure they have obtained consent from the individuals for the personal data they pass over to us for processing.

• In relation to Signage Guava Design doesn’t have the responsibility for the measurements given by the client neither to check the regulations given by the government about planning permissions;

• The company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lockout, Strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.