Terms & Conditions of business

1. Estimates/Quotations: Before a project commences, a Quotation for the project will be issued, and agreed on with both parties. No project will begin without firstly agreeing on the cost. The cost of the project will be determined, by the Designer, on an estimated amount of hours and he/she’s estimate of time it will take to get the project to completion. The cost of the project will be determined either by the hourly rate or as per project requirements.

The Designer will keep the Client informed as the project progresses, and communicate with the Client if the project’s timescale is running over from the estimated time given. The Designer will inform the Client in a reasonable amount  of notice, of any additional costs, hours or any other extras it may incur throughout the project, or if the project runs over the agreed time or deadline.

2. Payment: All payments must be made to Trinity Design, and a 50% Deposit is required, before the Designer can begin the project. Deposits are non-refundable once the project begins. Final payments (the balance) will be requested before the Designer proceeds to print, or at collection/delivery of the finished product or service. Late payments or overdue balances will result in a penalty fee of 10% of the total cost of the project, every 30 days. These products and services will not be released until all payments have been made in full.

3. Expenses: The Client shall reimburse the Designer for all expenses that arise from the project, for example, materials needed for the project, other resources and/or travel costs etc.

4. Proofs/Changes/Revisions: The Client is permitted to have maximum of 2-3 revisions of their project. The Client must give the Designer the opportunity to make those changes. Changes and alterations within reason will be accepted. The Client must note that continuous changes and revision will alter the estimated time, deadline and cost of the project.

The Designer will inform the Client if this should happen and inform them clearly of additional costs at that time. It is the sole responsibility of the Client to proof the artwork provided to them. Spelling, grammar, contact details and image quality etc., must be double-checked and then signed off on final proofs.  Durkin Memorials are not liable if errors are found after final proofs are signed off by the Client. Once the project has been passed onto the printers any further changes cannot be made. If re-prints are needed, there will be an extra cost to the Client.

5. Cancellations: In the event of a cancelation of a project, ownership of all copyright and original work shall be retained by the Designer, and a cancellation fee incurred. Costs for work completed up to the date of the cancellation will also be issued, along with expenses incurred. It shall be paid in full to the Designer on the date of the cancellation. If the project is based on an hourly rate and cancelled by the Client, then the Client must agree to pay no less than 100% of the hours already billed for at the time of the cancellation.

6. Ownership and Right of Work: The Designer retains ownership of all original work, whether preliminary or finalised. If transfer of ownership and rights to the final project is requested, the rates may be increased.

7. Code of Fair Practice: The Designer warrants that, to the best of their knowledge, that the work assigned hereunder is original, has not been previously published, and has consent to use materials; that all work or patron’s thereof obtained for the undersigned project from third parties is original, or consent to use on an unlimited basis is permitted. Likewise, Clients must have permission to use materials, artwork and/or images they provide to the Designer to be used in their projects, from the rightful owners. The Client must expressly agree that the Designer is held harmless for all liability caused by the Client’s use of the Designers’ product, to the extent that such use infringes on the rights of others.

8. Limitations of Liability: The Client agrees that they shall not hold the Designer (or his/her agents or employees) liable for any incidental or consequential damages that arises, or may arise in the future, from the Designer’s failure to perform any tasks of the project in a timely manner, regardless of whether such failures are/were caused by intentional or negligent acts or omissions of the Designer or Client, any client representatives, employees or third parties.

9. Publicity: All media releases, public announcements and public disclosures by the Designer relating to the undersigned project for promotional and marketing material, shall be coordinated with the Client firstly, and shall only be used by the Designer, if the Client gives prior permission.       Permission to use:  YES / NO? (*Please circle either yes or no)

10. Privacy Policy/GDPR: We, at Durkin Memorials (and Trinity Design) ensure the Client to never sell or pass on your personal data or information. Only employees who need the information to perform a specific task are permitted to access your personal information. We ensure to keep your personal details safe and secure at all times.

The signatures of both parties (the Designer and the Client) must be evident here upon acceptance of these terms and conditions. **Electronic signatures shall also be considered legal and binding.

Designer (sign & date):

Client (sign & date):