Terms & conditions.

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The following terms and conditions refer to Lynsey Grant ("Lynsey") and their professional relationship with current and potential clients (“The Client”), who can include any person, firm, company or other organisation who is the addressee of a quotation for work or acceptance of order issued by Lynsey.

1. Quotations and Pricing

1.1. All quotations are valid for 7 days from the date of submission.

1.2. Quotations are based on the information provided by the Client and therefore can be subject to change, should the Client’s requirements change at any time.

1.3. Unless otherwise stated in the quotation, photography, stock imagery/graphics, printing, delivery, travel and copywriting will incur an additional charge.

1.4. For work that requires travel to a site or venue, a millage will be charged of £0.50 per mile, from LE67 4AA will apply.

1.5. If the contract or hourly price has not been fixed for the term of a contract, the hourly rate of £60 will apply.

1.6. For any work requested in addition to contracted work or agreed packages, the hourly rate of £60 will apply.

1.7. For work charged at the hourly rate, a minimum charge of 2 hours will apply, unless this rate is in addition to agreed packages.

1.8. Lynsey reserves the right to alter the hourly rate at any time as business needs dictate.

1.9. Any estimates given by Lynsey as to the time of completion or performance of its services shall be estimates only and may be subject to change.

1.10. Any stated timescale is reliant upon the Client providing all required information/copy/images in accordance to the agreed timeline.

1.11. Monthly retainer packages are subject to a minimum contract length of 2 months.

1.12. Once a contract term is complete, a new contract must be put in place for work to continue.

1.13. Any hours that have not been used within the monthly contract or retainer package will not roll over to the following Month, and a refund will not be issued for unused hours.

2. Methods of Work

2.1. Lynsey reserves the right to sub-contract the fulfilment of an order or any part thereof.

2.2. Any images supplied electronically will be incorporated into designs without charge provided that they are of suitable quality. All vector graphics, illustrations and logos need to be supplied as both EPS illustrator vectors and PNG images, and photographs supplied as high res (300dpi min) PNG files. Any logos that need to be re-drawn will be charged extra at the hourly rate of £60. Images sourced from external image libraries may incur additional licence/royalty charges payable by the Client.

2.3. Should the Client supply text, artwork or images, Lynsey is not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the end product shall be made at the entire risk of the Client.

2.4. Lynsey shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.

2.5. Origination and/or conceptual work and any copyright subsisting therein shall remain the property of Lynsey unless otherwise agreed in writing with the Client.

2.6. The Client’s property and property supplied to Lynsey on behalf of the Client, while it is in the possession of Lynsey or in transit to or from the Client, will be deemed to be at Client’s risk unless otherwise agreed and the Client should insure accordingly.

2.7. When required to expedite project delivery ahead of the time needed for proper production of a given deadline, Lynsey shall not be liable for defects occasioned thereby. Should such delivery require payment of overtime wages, delivery charges or other additional costs, all such extras will be for the Client’s account.

2.8. Lynsey shall not be required to use, print, upload or hold any matter which in their opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.

2.9. Proofs, samples, sketches, photographs, links, quotes, plans, or any representation, whether partial or total, of the finished article in whatever form may be submitted to the Client for approval.

2.10. After approval the Client shall have no claim against Lynsey for errors in work carried out, as approved by them.

2.11. The hours provided in the contract or monthly retainer package can be used in any way, other than for fixed costs and essential services agreed in the quotation, including; content creation, graphic design, event management, branding.

3. Invoices & Payment

3.1. Payment must be made no more than 30 days after date of invoice unless otherwise agreed in writing in advance.

3.2. We understand and will exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC if we are not paid according to these terms.

3.3. All work remains copyrighted to Lynsey until settlement of relevant payments.

3.4. All payments must be in UK Pounds Sterling.

3.5. Monthly contracts will be billed each month, and may include any additional hours or expenses in accordance to these terms.

3.6. If Lynsey incurs any costs as a result of the Client’s neglect or default, Lynsey may charge those costs to the Client in addition to the contract price.

3.7. Lynsey may suspend work, service or delivery without notice, when payment is overdue. Work will commence again once payment has been made in full.

3.8. Lynsey may require payment in advance, or a deposit of at least 50% of the quote/estimate total prior to instigating work on an order, particularly but not limited to the following situations: new clients; clients with a poor payment history; event management; large, lengthy or complex projects. Where a deposit is required, the balance shall be due upon completion of the work, unless otherwise agreed in writing in advance.

3.9. If your payment is returned by the bank as unpaid for any reason, you will be liable for a charge of £50 for each occurrence.

3.10. If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is deemed to be unable to pay its debts or have a winding-up petition issued against it or being a person who commits an act of bankruptcy or has a bankruptcy petition issued against him, Lynsey without prejudice to other remedies shall:

3.10.1. Have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client. Such charge to be an immediate debt due to her.

3.10.2. In respect of all unpaid debts due from the Client have a general lieu on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.

3.11. You warrant that the name, address and payment information provided when you place your order with Lynsey will be correct and you agree to notify Lynsey of any changes in the name, address and/or payment details.

4. Force Majeure

4.1. Lynsey shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to Lynsey elect 'to terminate the contract and pay for work done and materials used', but subject thereto shall otherwise accept delivery when available.

5. Information Provided by You

5.1. You agree that Lynsey may disclose your name and address where any enquiries are made.

5.2. You warrant that you possess the legal right and ability to enter into this agreement and to use the Lynsey's services in accordance with this agreement.

6. Legal & Liability

6.1. You shall indemnify Lynsey and keep them indemnified and hold Lynsey harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by Lynsey in consequences of your breach or non-observance of this agreement, or arising out of claims based upon or relating to our work for you or any claim brought against Lynsey by a third party resulting from the provision of any services to you and your use of them.

6.2 Lynsey will notify you promptly of any claim for which Lynsey seeks specific indemnification at the currently supplied address. Lynsey will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to the Lynsey's interests, as reasonably determined by the Lynsey and/or their legal representatives.

6.3. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

6.4 In any event, no claim against the Lynsey shall be brought unless you have notified Lynsey of the claim within one year of the issue arising.

6.5. In no event shall the Lynsey be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of business, contracts, anticipated savings or profits or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Lynsey’s negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by Lynsey.

6.6. Lynsey warrants that their services will be provided using reasonable care and skill.

6.7. Where the Lynsey supplies any goods or services supplied/provided by a third party, Lynsey does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the supplier of the goods/services to Lynsey.

6.8. Lynsey shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control.

7. General Terms

7.1. These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of England and you hereby submit to the non-exclusive jurisdiction of the English courts.

7.2. All quotes/estimates, briefs and other documents are commercially confidential and may not be disclosed to third parties without prior written agreement.

7.3. These terms and conditions, together with any documents expressly referred to in them, contain the entire agreement between Lynsey and the Client relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings, proposals or contemporaneous communications, written or oral: between Lynsey and the Client in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been expressly made in this agreement.

7.4. Any notice to be given by either party to the other may be sent by either email or post to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved, be deemed to be received on the day it was sent, or if sent by post shall be deemed to be served two days following the date of posting.

7.5. Headings, numbering and summaries are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.

7.6. Lynsey reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.

7.7. If any of the provisions of this agreement are judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced.

7.8. This agreement takes effect on the date on which you order our services. Acceptance of these terms is an absolute condition of the Client requesting work. An order constitutes acceptance of all our Terms and Conditions.

7.9. You shall not assign this agreement or any benefits or interests arising under this agreement without the Lynsey’s prior written permission.

Last updated: March 2023