Terms & Conditions

T&Cs effective date: 3rd September 2024

All requests for services and use of this website are bound by the following terms & conditions. By placing an order or submitting a request for work or services with KDM Graphic Design LTD, you agree to the terms & conditions outlined below. Placing an order verbally, in writing, or via any communications will be deemed acceptance of these terms & conditions. Verbal instructions are accepted on the basis that KDM Graphic Design LTD will not be held responsible for any errors that may arise due to these instructions. Cost estimates, quotes, Agreements, or orders are deemed accepted upon proceeding communication, whether written, signed, received verbally, or digitally communicating the commencement or continuance of the aforementioned work. This also includes any content or information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on or in relation to those services.


Please ensure you have read and fully understand our terms & conditions and don’t hesitate to contact us if anything is not clear to you.

Privacy Policy

Before you continue using our website and services, we advise you to read our Privacy Policy regarding our user data collection. It will help you better understand our practices.

1. Definitions

KDM Graphic Design LTD

Our company will be referred to as ‘us’, ‘we', ‘our’, ‘company’ or ‘KDM Graphic Design LTD’.

Client/Customer

Client/Customer- You, the Client, will be referred to as ‘you’, ‘your’, ‘Client’, ‘User’ or ‘Customer’.

Artwork/Work/Design/Service

Refers to any type of art & design work we provide as a chargeable service and is to be referred to as ‘Design’, ‘Artwork’, ‘Work’, ‘Design’ or ‘Service’.

Agreement

Any written or verbal method of confirming the scope of work to be carried out by KDM Graphic Design LTD for the Client, in accordance with the Client's proposed written brief.

2. General Conditions of Contract

2.1. General

These terms & conditions cover all Contracts entered into by a Client with the Company for services relating to design, identity design, illustrations, images and photography (art & design service).

2.2. Our right

We reserve the right to edit, modify, and change our terms & conditions at any time. We shall let our users know of these changes through email. These terms & conditions are an understanding between us and the user, and this supersedes and replaces all prior terms & conditions regarding the use of this website.

3. Services

3.1. Overview of Services

KDM Graphic Design LTD provides professional identity design and illustration services, including comprehensive identity design solutions and bespoke illustrations. These services are designed to cater to the branding and visual communication needs of our Clients, both for digital and print (only including stationery kit) applications.

3.2. Identity Design Solutions

Our identity design services encompass all elements necessary for a comprehensive branding package. This includes, but is not limited to:

  • Logo Design: Creation of unique and memorable logos that represent the Client's brand identity.
  • Colour Palettes: Development of colour schemes that align with the brand’s message and aesthetics.
  • Iconography: Design of custom icons to be used across various brand touchpoints.
  • Typeface selection: Design of custom icons to be used across various brand touchpoints.
  • Social Media Kits: Preparation of branded assets for use across social media platforms.
  • Stationery Kits: Design of business cards, letterheads, envelopes, and other corporate stationery. Does not include Editorial and Print marketing collateral.
  • Brand Guidelines: Comprehensive guidelines detailing the usage of brand elements to ensure consistency across all media.

3.3. Illustration and Graphics Services

Our illustration services include both bespoke hand-drawn and corporate illustrations, tailored to the specific needs of the Client. These illustrations & graphics can be used for a variety of purposes, including but not limited to:

  • Digital Graphics: Custom illustration graphics designed to enhance the visual appeal and usability of your brand such as website/social media graphics and infographics.
  • Hand-drawn or corporate illustrations: Hand-drawn or digitally created corporate illustrations in various styles for many branding and marketing uses.

3.4. Scope of Work

Our illustration services include both bespoke hand-drawn and corporate illustrations, tailored to the specific needs of the Client. These illustrations & graphics can be used for a variety of purposes, including but not limited to:

  • Project Consultation: Initial discussions to understand the Client’s needs and objectives.
  • Concept Development: Creation of initial design concepts based on the Client’s requirements.
  • Revisions: Refinement of chosen concepts based on Client feedback. The number of included revisions will be specified in the Agreement.
  • Finalisation: Completion of the final design, incorporating all agreed-upon revisions.

3.5. Deliverables

The final deliverables for each project will be provided digitally. These deliverables may include, but are not limited to, digital files in formats such as PNG, JPG, PDF, SVG, or other specified formats. Deliverables will be shared via email using either Google Drive or WeTransfer.

3.6. Exclusions

KDM Graphic Design LTD does not offer printing services. The Client is responsible for managing the printing process using the digital assets provided. Any additional services, such as printing, must be sourced from third-party providers.

3.7. Revisions and Approvals

The number of revisions included in the initial scope of work will be specified in the Agreement. Any additional revisions requested by the Client beyond the agreed-upon number will incur additional charges. Final approval of the deliverables by the Client signifies the completion of the project.

3.8. Delivery of Final Assets

Upon final approval and receipt of full payment, KDM Graphic Design LTD will deliver the final design assets to the Client digitally via email, using Google Drive or WeTransfer. It is the Client’s responsibility to ensure they have access to these platforms to receive the files.

4. Client’s Obligations & Responsibilities

4.1. Supply of Information and Materials

The Client is solely responsible for providing KDM Graphic Design LTD with all necessary information and materials regarding its goods/services. This includes details on the scope of use required, rules of use, any relevant restrictions, statutory and regulatory controls, and applicable industry codes of practice. We will not be held accountable for any deficiencies in the information provided. The Client acknowledges that their knowledge and experience in their industry sector and familiarity with their goods/services are crucial in this context. Please additionally make reference to clause 12.5 and 12.6

4.2. Licence of Materials

The Client warrants that you are either responsible for obtaining or own the necessary licences for materials supplied to us (if applicable) in connection with the provision of the Service and shall indemnify KDM Graphic Design LTD against all costs, claims, liabilities, and losses if this is not the case. The Client is responsible for ensuring that all materials supplied by or on your behalf to us for use in connection with the Service do not infringe any law or regulation.

4.3. Initial Sign off

The Client shall be responsible for signing off work drafts such as moodboards and design mockups in writing or providing approval of any part of the Service when requested, in accordance with the agreed timeframe. Subject to sections 6 and 7, if the Client does not sign off the work or give approval within one week of the agreed time or any other reasonable period stipulated by us, the work will be deemed to have been signed off or approved.

4.4. Feedback and Amendments

The Client is responsible for providing accurate and timely feedback throughout the design process. Any delays in feedback or changes to the project scope may result in adjustments to the project timeline and cost. If we are required to amend or redo work that has previously been signed off, then an additional charge will usually be incurred.

4.5. Failure to meet obligations

Failure of the Client to meet any of its obligations (including but not limited to providing information or content when required and signing off work) is likely to affect the ability of KDM Graphic Design LTD to meet deadlines and lead times. In such circumstances, we have the right to require that an appropriate adjustment be made.

4.6. You’re responsible

You are responsible for informing us of any changes which might affect the Service.

5. Quotations and Proposals

5.1. Process for Providing Quotes and Proposals

KDM Graphic Design LTD will provide quotes and proposals based on the initial brief provided by the Client. These quotes will outline the scope of work, estimated costs, and an anticipated timeline for the project. The proposals will detail the design approach, project phases, and deliverables. Quotations may be subject to change if additional work is required.

5.2. Validity Period of Quotes and Acceptance Requirements

Quotes provided by KDM Graphic Design LTD are valid for a period of one week from the date of issuance. If the Client does not accept the quote within this period, KDM Graphic Design LTD reserves the right to readjust the quote if necessary. The acceptance of a quote must be communicated in writing. Please note that any quoted artwork delivery dates are not guaranteed and may vary.

6. Project Timeframes

We will provide you with a timeframe for each project submitted along with the cost estimate as part of the project scope. It is the Client's responsibility to request a timeframe if this information has been omitted. If you require a deadline sooner than the one outlined, you must notify us immediately in writing and allow us a reasonable time to complete such requests. You will be informed in writing if your request is achievable. While we strive to complete tasks within the agreed timeframe to meet deadlines, unexpected delays can occur and may be beyond our control. We shall not be liable for such delays under any circumstances.


Delays may occur if:

  1. You do not meet or provide access to requirements or relevant
  2. You do not provide items listed in clause 4.1 ‘Supply ooInformation and Materials’ in a timely manner.
  3. You require multiple changes to design proofs.
  4. Your payments are not received on time.
  5. Support tickets issued on your behalf by us are pending action or resolution.
  6. Any equipment breakdowns or data loss is experienced by you or us.

7. Revisions and Approvals

7.1. Number of Included Revisions

The initial scope of work includes a specified number of revisions to the design deliverables, as agreed upon in the project proposal or quotation. The agreed revisions depend on the discussed timeframes and will vary. A revision is defined as a design update that changes a portion of the design. This should not be confused with correcting a mistake or fixing information issues, which we will not consider a revision. KDM Graphic Design LTD holds the right to decide what is considered a revision at our discretion. These revisions are intended to refine the design based on the Client's feedback and ensure the final deliverable meets their expectations.

7.2. Process for Additional Revisions

If the Client requires additional revisions beyond the included number, these will be billed at an hourly rate or a pre-agreed fee. KDM Graphic Design LTD will inform the Client in advance if the requested changes exceed the initial scope and provide an estimate for the additional work. The Client must approve any additional charges in writing before further revisions are undertaken. If the Client decides to change the entire art direction of a pre-decided Agreement during the designing phases, this will be considered a redesign and will be subject to a new Agreement and pricing. You may also terminate the Agreement, please read section 10 ‘Termination’.

7.3. Approval Process for Deliverables

Upon completion of each round of revisions, KDM Graphic Design LTD will provide the Client with updated design proofs for review. The Client is responsible for reviewing these proofs and providing feedback or approval within one week. Feedback should be specific and clear to facilitate accurate revisions.

7.4. Final Sign-Off

Once the Client is satisfied with the final deliverables, they must provide written approval, either via email or through a signed document. Final approval indicates that the project has been completed to the Client's satisfaction and no further revisions are required. After receiving final approval, KDM Graphic Design LTD will prepare an invoice and deliver it via email for the remaining balance of the payment to be made in full. Only then will we prepare and deliver the final design files to the Client.

8. Payment Terms

8.1. Deposits

We require an upfront payment of 40% of the agreed quote before the commencement of any work. The balance is payable upon initial sign-off approval of drafts, subject to clause 4.3.

8.2. Payment

All invoices we submit to you are payable within 7 business days of receipt unless otherwise specified on the invoice. The grant of non-exclusive licence rights or full ownership rights is conditioned upon receipt of full payment of the total amount due. Additionally, we require a minimum spend of 2 hours of work per job in accordance with our pricing model. This is subject to clause 9.4.

8.3. Overdue Payment

If payment has not been received by the due date, we reserve the right to suspend ongoing work for you until full payment of the outstanding balance has been received, including but not limited to the suspension of your websites. Unpaid accounts will attract an overdue fee of 10% of the outstanding amount due, accumulative monthly. We hold the right to refer your unpaid accounts to a debt collection agency. Debt collection fees of 20% will be passed on and payable by you. If accounts remain unpaid, you risk legal action and incurring additional costs. We may also provide details of your payment default to a credit reporting agency. Details of your payment default will become part of your credit history file for 5 years and will be available to authorised parties such as credit providers and may affect your ability to obtain future credit.

9. Intellectual Property Rights

9.1. Our rights and intellectual property

You agree that all materials, products, and services provided on this site and our website itself are the property of KDM Graphic Design Ltd, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute our intellectual property in any way, including electronic, digital, or new trademark registrations.

9.2. Warranty by Client as to Ownership of Intellectual Property Rights

Upon ordering, you agree to indemnify and hold KDM Graphic Design LTD harmless from any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the work at your request, for which no copyright permission or previous release was obtained, or uses which exceed the permissions or releases obtained. You indemnify and will keep KDM Graphic Design LTD indemnified against any liability, loss, or expense suffered by us as a direct or indirect result of any use of the works by us. Please additionally make reference to clause 12.4

9.3. Reservation of Rights

All rights to the work not expressly granted hereunder are reserved to KDM Graphic Design LTD, including but not limited to all rights of ownership to sketches, drafts, comps, mock-ups or other preliminary materials.

9.4. Non-Exclusive Rights

Unless otherwise agreed upon for full licensing and ownership in writing to be included in the quote, the Client is granted non-exclusive rights to use the final design assets for their intended purpose. KDM Graphic Design LTD, the licensor is not restricted and simultaneously holds rights if not purchased. Clients have the option to purchase full licence rights and ownership for an additional fee if not otherwise specified in writing in initial sign off.

9.5. Exclusive Rights & Ownership

If you have purchased full licensing rights and ownership or work assets and materials, the following is applicable to you. You are granted the right to reproduce the work in a material form, publish the work, and use the work in both the identity and promotion of your business, products, or services.

9.6. Trademarks, Design Patent, and Copyright

Upon payment in full for the completed work, we transfer the assignment of copyright to you. It is your responsibility to obtain trademarks, design patents, or copyrights. KDM Graphic Design LTD does not guarantee the attainability of trademarks, design patents, or copyrights.

9.7. Display of Work

We retain the right to use examples of the work and logos in portfolios, design publications, educational materials, competitions, marketing and other promotional purposes to depict the quality or range of our goods or services. When used for these purposes and where applicable, you will be given credit for usage of the project elements. This clause excludes stock imagery purchased from third-party websites; where stock images have been used, the third-party stock image providers' usage terms must be adhered to. The client’s company logo and work will not be used in a manner that implies sponsorship or endorsement of any company, product, trademark, person, or service by Client.

10. Termination

10.1. Short-term Work Termination

If, at any stage, you decide to change your mind about the deliverables or are dissatisfied with the direction of our work after exhausting agreed revision amounts, you may choose to terminate this contract. You agree to pay us in full for the time spent up to that point. Please note that any paid initial deposits are non-refundable.

10.2. Long-term Work Termination

If you have commissioned KDM Graphic Design LTD to complete works with turn-around times of 30 days or more, or for a duration of 30 days or more, the following terms apply: Either party may terminate the Agreement by providing 30 days written notice to the other party. If the work is postponed or terminated at your request, we reserve the right to invoice you pro rata for the work completed up to the date of the termination request, while retaining all other rights under these terms & conditions. Any additional payment due must be made within one week of your written notification to cease work. In the event of termination, you will also be responsible for any expenses related to the work incurred by us. We will retain all rights to the incomplete works. Please additionally make reference to clause 7.2

11. Confidentiality

Obligations of KDM Graphic Design LTD

11.1. Confidential Information

Confidential information refers to any non-public information disclosed by either party to the other, whether orally, in writing, or through any other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes, but is not limited to, business plans, financial data, marketing strategies, trade secrets, proprietary methods, and client lists.

11.2. Our Protection of Information

KDM Graphic Design LTD agrees to use the same degree of care to protect the Client's confidential information as it uses to protect its own confidential information, but in no event less than a reasonable degree of care. Refer to our Privacy Policy for additional information.

11.3. Our Use and Disclosure of Information

KDM Graphic Design LTD shall use the confidential information solely for the purpose of performing its obligations under these terms & conditions and shall not disclose such information to any third party without the prior written consent of the Client. We will restrict access to the confidential information to those employees, agents, and subcontractors who need to know such information to fulfil the purposes of these terms & conditions and who are bound by confidentiality obligations at least as restrictive as those contained herein.


Obligations of Client

11.4. Your Protection of Information

The Client agrees to protect KDM Graphic Design LTD’s confidential information with the same degree of care as it uses to protect its own confidential information, but in no event less than a reasonable degree of care.

11.5. Client's Use and Disclosure of Information

The Client shall use KDM Graphic Design LTD’s confidential information solely for the purpose of our work Agreement in accordance with these terms & conditions and shall not disclose such information to any third party without prior written consent from KDM Graphic Design LTD. The Client will restrict access to KDM Graphic Design LTD’s confidential information to those employees, agents, and subcontractors who need to know such information to fulfil the purposes of these terms & conditions and who are bound by confidentiality obligations at least as restrictive as those contained herein.

11.6. Exceptions

The confidentiality obligations set forth in these terms & conditions shall not apply to information that:

  • Public Domain: Is or becomes part of the public domain through no act or omission of the receiving party.
  • Independent Development: Was developed independently by the receiving party without reference to or reliance upon the disclosing party's confidential information.
  • Third-Party Source: Is disclosed to the receiving party by a third party who is not under a confidentiality obligation to the disclosing party.
  • Legal Requirement: Is required to be disclosed by law, regulation, or court order, provided that the receiving party gives prompt written notice to the disclosing party of such requirement and cooperates with the disclosing party in seeking a protective order or other appropriate remedy.

11.7. Client's Use and Disclosure of Information

The confidentiality obligations of both parties shall survive the termination of these terms & conditions and Agreements and continue for a period of five (5) years from the date of termination.

11.8. Remedies

Both parties acknowledge that any breach of these confidentiality obligations may cause irreparable harm to the other party for which monetary damages would not be a sufficient remedy. In the event of a breach or threatened breach of this Section, the non-breaching party shall be entitled to seek injunctive relief, specific performance, or other equitable relief, in addition to any other remedies available at law or in equity.

By adhering to these confidentiality obligations, both KDM Graphic Design LTD and the Client can ensure the protection and integrity of each party's sensitive information throughout their professional relationship. Please additionally make reference to clause 12.7

12. Liability and Indemnification

12.1. Our Terms and Liabilities

KDM Graphic Design Ltd is not liable for any damages that may occur to you as a result of your misuse of our website. The Client agrees and accepts that we are also not legally responsible for any loss or damage suffered or incurred related to the use of any of our services, whether arising from amendments, errors, or omissions in documents, designs, information, or any goods or services offered by us. This includes the Client's use of or reliance on any third-party content, links, comments, or advertisements. The Client's use of or reliance on any information or materials produced, amended, or designed by us is entirely at their own risk, for which we shall not be liable.

12.2. General Indemnification

The Client agrees to indemnify, defend, and hold harmless KDM Graphic Design LTD, its affiliates, officers, directors, employees, agents, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or related to:

  • Any breach of these terms & conditions by the Client.
  • Any violation of law by the Client.
  • Any negligence or willful misconduct by the Client.

12.3. Third-Party Claims

The Client shall indemnify and hold harmless KDM Graphic Design LTD from any and all claims, actions, suits, or proceedings brought by any third party against KDM Graphic Design LTD that arise out of or relate to:

  • The Client’s use of the services provided by us.
  • Any infringement or alleged infringement of any intellectual property rights or other rights of a third party resulting from the Client’s use of the services.

Please additionally make reference to clause 9.2

12.4. Product Liability

If we are providing products to the Client, the Client shall indemnify and hold harmless KDM Graphic Design LTD from any claims, damages, or losses arising from:

  • Any defect or alleged defect in the products provided by KDM Graphic Design LTD.
  • Any misuse or modification of the products by the Client or any third party.

Please additionally make reference to clause 4.1

12.5. Data Breach

The Client agrees to indemnify and hold harmless KDM Graphic Design LTD from any and all claims, damages, or losses arising from:

  • Any data breach or unauthorised access to the Client's data due to the Client’s actions, negligence, or failure to comply with data protection regulations.

Please additionally make reference to clause 4.1

12.6. Breach of Confidentiality

The Client shall indemnify and hold harmless KDM Graphic Design LTD from any and all claims, damages, or losses arising from:

  • Any breach of confidentiality obligations by the Client or its representatives.

Please additionally make reference to section 11

12.7. Regulatory Compliance

The Client agrees to indemnify and hold harmless KDM Graphic Design LTD from any claims, fines, or penalties arising from:

  • The Client’s failure to comply with applicable laws, regulations, or industry standards.

13. Governing Law and Dispute Resolution

13.1. Jurisdiction

These terms & conditions shall be governed and construed by the laws of the United Kingdom, which shall claim venue and jurisdiction for any legal action or claim arising from the contract between KDM Graphic Design LTD and Client. These terms & conditions are void where prohibited by law.

13.2. Severability Clause

If any provision of these terms & conditions is found to be invalid, illegal, or unenforceable in any jurisdiction, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed severed from these terms & conditions and the remaining provisions shall remain in full force and effect.

13.3. Force Majeure

KDM Graphic Design LTD shall not be held responsible for any failure or delay in the supply or delivery of artwork or services when such failure or delay is due, in whole or in part, to causes or circumstances beyond our reasonable control. These include, but are not limited to, acts of war, strikes, lockouts, industrial disputes or unrest, governmental restrictions, transportation delays, fires, power outages, failures attributable to hosting providers, equipment breakdowns, theft, vandalism, riots, civil disturbances, accidents of any kind, acts of terrorism, software or hardware failures, electrical failures, or natural disasters.


We shall not be liable for any breach of contract that arises from events or circumstances beyond our control, including but not limited to the aforementioned causes.

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