Terms & Conditions

The following Terms and Conditions apply to all design services provided by Joy Design Studio.

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Project Acceptance

At the time of proposal, Joy Design Studio will provide the customer with a written quote by email. All work is carried out by Joy Design Studio on the understanding that the client has read and agreed to our Terms and Conditions, these are available to access on our website at all times. A copy of the written quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Joy Design Studio. Alternatively the client may send an email acknowledging acceptance of the quotation to proceed.

Design Files

We will supply proofs in PDF format and final design files in the appropriate format for either presentation or for sending to a manufacturer (we usually use .ai vector formats but others can be supplied as detailed and agreed in the job scope or request).

Intellectual Property

All designs are protected by copyright, trademark, and other laws both in and outside the United Kingdom. Copyright and ownership of all design work including words and images is retained by Joy Design Studio untill all costs have been settled. Then the ownership passes to the customer/client. Unless a specific NDA (Non Disclosure Agreement) has been signed or pre-agreed we reserve the right to showcase any designs completed in our gallery and online portfolio. The customer/client will be credited.

Copyrights and Trademarks

Joy Design Studio does not accept any responsibility for trademark, copyright or legal issues arising from work designed for customers/clients. The use of our designs in a commercial setting remains the responsibility of the client/customer. It is the clients responsibility to check trademarks, registered names, and any potential infringement of registered designs or copyright laws (this covers shaping, text, logos, designs, illustrations, branding etc). Before launching a new product design the legalities will need to be checked in any territory that it is released in. Joy Design Studio advises you to seek legal advice before launching any new design.

By supplying text, images and other data to Joy Design Studio for inclusion in the customer’s design work, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. By supplying images, text, or any other data to Joy Design Studio, the customer grants permission to use this material freely in the pursuit of the design.

Should Joy Design Studio, or the customer supply an image, text, or any other file for use in a product or packaging design or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Joy Design Studio to remove and/or replace the file within the work. The customer agrees to fully indemnify and hold Joy Design Studio free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Product & Packaging Manufacture

Joy Design Studio does not accept any responsibility for the quality of final manufacture of any of our designs, material selection, manufacturing or production processes which result in functionality or safety issues – this is the sole responsibility of the manufacturer and the retailer instructing the order. We do not take responsibility for any instruction manuals, warnings or age restrictions to be printed on the product or packaging. We strongly advise our retailers to have the necessary Quality Assurance checks and Legal guidance before accepting mass produced products into their stores.
Joy Design Studio will not be held responsible for any and all damages resulting from such claims.

Joy Design Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Joy Design Studio responsible for any such loss or damage. Any claim against Joy Design Studio shall be limited to the relevant fee(s) paid by the customer.

Design & Other Service Charges

Charges for design services to be provided by Joy Design Studio will be set out in the written quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation (or email confirmation) indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to release of final materials.

Payment

The customer will be provided with a design proof via email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to signify approval of the final design by email to Joy Design Studio.
In some cases you may be asked to make a payment to cover costs of services taken on your behalf such as printing, photography etc, these will be agreed via email and must be paid for in advance of Joy Design Studios purchase.
Any invoice queries must be submitted by email within 7 days of the invoice date. All invoices must be paid within 7 days of the invoice date. Payments are to be made by online transfer. Publication and/or release of work done by Joy Design Studio on behalf of the client, may not take place before cleared funds have been received.

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied brief or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Joy Design Studio holds no responsibility for any amendments made by any third party, before or after a design is published.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Customers whose accounts become default agree to pay all Joy Design Studios ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Design Project Duration & Completion

Any indication given by Joy Design Studio of a design project’s duration is to be considered by the customer to be an estimation. Joy Design Studio cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Joy Design Studio for the initial payment or by date confirmed in writing by Joy Design Studio. Joy Design Studio considers the design project complete upon receipt of the customer’s approval email.

Rights of Refusal

Joy Design Studio will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Joy Design Studio also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Joy Design Studio does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Joy Design Studio to remove the contravention without hindrance, or penalty. Joy Design Studio is to be held in no way responsible for any such data being included.

Disclaimer

Joy Design Studio makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Joy Design Studio will not be held responsible for any and all damages resulting from products and/or services it supplies. Joy Design Studio is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Joy Design Studio responsible for any such loss or damage. Any claim against Joy Design Studio shall be limited to the relevant fee(s) paid by the customer.
Joy Design Studio reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Joy Design Studio will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Changes

We reserve the right at our sole discretion to modify, replace or update these terms at any time. If a revision is materials we will try to provide at least 30 days notice prior to any new terms taking effect. What consitues a material change will be determined at our sole discretion. By continuing to access our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the design service.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Joy Design Studio, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available on our website.
An estimate or quotation validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Joy Design Studio.