WDCO TERMS & CONDITIONS

These are our standard terms and conditions, or terms of service. Please have a read through before we commence any work for you. If you’re unsure of anything below, please reach out and we can have a friendly chat around any alterations you need to make.

The Terms and Conditions set out below, including any attached Schedules (“Terms”) together with our privacy policy confirm the basis on which I, David Walker, trading as Walker Design Co., agree to deliver design or illustration services, or any related services (“Services”), to you, the client (“you”, “your”).  You’re deemed to accept these Terms when you provide your electronic acceptance and/or provide me with any payment in connection with the Services, unless we agree in writing otherwise.

If you purchase or download any of the products or digital goods on the shop page of this website, these terms of service also apply to your use of those, except in terms of payment, and where otherwise stated.

SERVICES

The Services that I deliver to you will be outlined in your proposal of work. This will be made available to you via a web link and via email. I’ll begin delivery of the Services on the date we agree in writing and will continue until the Services have been delivered or until our agreement is terminated in accordance with these Terms, whichever happens first. 

I agree to deliver the Services in a timely and professional manner, according to our proposal of work and any reasonable instructions you have provided and in line with any timescales agreed. There shall be no right to terminate or seek damages where there is a delay or change to the timescales due to a reason beyond my control.

You agree that you have the authority to enter into any contract on behalf of yourself, your company or your organisation. You also agree that you have the right to use any business details or assets pertinent to the project, including but not limited to: your business name, business contact details, business website address, graphic assets, files, and designs. Should any legal issue arise regarding these after the project has been completed, I will not issue a refund for my services, nor am I legally responsible for any problems arising from this. Please ensure that your business name, graphic assets, files and any other business details pertinent to the project, have been subject to the appropriate checks and does not infringe on any other registered business name or trademark.

You’ll provide me with any assets and information needed to complete the project. You’ll do this as soon as possible when I ask and provide the formats I ask for, within reason. You’ll review work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule at the end of this contract.

It is your responsibility to check the accuracy of any spelling or grammar in any materials or assets you provide to me and to check, review and approve any deliverables I provide to you. Any errors in any of the deliverables must be communicated to me within 5 working days of delivery. Whilst I take all reasonable steps to avoid any mistakes, I shall not be liable for any mistakes which are found once you have approved the design/deliverables.

PAYMENT

I reserve the right to request a deposit amounting to up to 50% of the quote, prior to starting work on your project. If a deposit is requested, an invoice will be created and sent to you via email with a smart payment link. Payment is due within 30 days of issue, and no work will commence on your project until this deposit has been paid and is cleared into our bank account. By paying this deposit, you are accepting these Terms of Service and entering a contract with David Walker, trading as Walker Design Co.

Once your work has been signed off, I will invoice you for the remaining balance of the project and any other associated services. This will be prior to the release of any files or final designs. I reserve the right to withhold delivery of these until payment has been received in full. I reserve the right to either pause work on your project, or send you an invoice for an amount equivalent to hours worked on your project, and prior to any agreed upon timeframe, if you have been uncontactable or unresponsive for a period of more than 30 days.

All payments are to be made within 30 days of issue. You reserve the right to request a payment plan which may be accepted at my discretion. All payment plans must be agreed to both parties in writing. I reserve the right to charge you a late fee if I haven’t received payment within the 30 days stipulated above, and you’ve been unable to provide a satisfactory reason. I also reserve the right to charge you for any fees incurred relating to the commencement of collections and recovery processes for accounts that remain unpaid for more than 30 days.

OWNERSHIP

All materials, sketches, and designs, including the electronic files used in your project will remain the property of David Walker, trading as Walker Design Co. Your final artwork and/or digital files become your property only when final payment has been made. Until you have made this final payment and your account is settled, I reserve the right to use or amend any ideas or designs for other clients, or to be used as concept designs in my portfolio and on my website. Should you attempt to use, modify, or replicate any of my ideas or designs without the agreed final payment being made, I reserve the right to seek legal action. Once you have made your final payment, only the agreed upon designs/deliverables become your property. Any other ideas, sketches, concepts and designs completed as part of your project remain the property of David Walker, trading as Walker Design Co., unless otherwise agreed upon in writing.

I reserve the right to show any ideas, sketches, designs or final designs created for this project in my portfolio, website, and social media pages as examples of client work. If you have any requirement relating to me not sharing any work created as part of your project, please let me know before we commence work on your project. If you fail to do so, and I share any of the above designs, I do not take responsibility for any harm or damage to your business or yourself, as you have not informed me of your wish for the designs to remain secret when asked to do so.

TRADEMARK/COPYRIGHT

I am not a legal expert, and therefore am unable to provide you with any help or assistance registering your designs for trademark or copyright purposes. Please seek professional assistance if you wish to do so.

CANCELLATION

Hopefully you won’t, but if you decide to cancel the project after the project has begun, and I have sent you any ideas, proposals, concepts, sketches, or designs, you will not be due a full refund. However, depending on the amount and nature of the work completed, a portion of the amount may be returned, at my discretion.

If I am unable to complete the project due to unforeseen circumstances or circumstances beyond my control, I will communicate this with you, and either the full amount, or a portion of the overall deposit will be refunded to you, dependent on work completed.

PROJECT SUSPENSION

I reserve the right to suspend any project if circumstances of our working relationship are affecting my ability to meet the deliverables. This includes, but is not limited, failure to send over any assets or information when requested to do so, excessive or unreasonable demands, reluctance to proceed after the creation of a reasonable number of designs, or an inability or reluctance to pay the final amount due. In this instance, I will communicate this with you and give you opportunity to remedy this situation before the project is suspended. However, if the project is suspended, any refund, partial or full, will remain at my discretion and any designs or work created to that point will remain the property of David Walker, trading as Walker Design Co.

FORCE MAJEURE

In the event I fail to perform any obligation in accordance with these Terms and Conditions due to an “act of God” or an act of any government, terrorism, war, riot, accident or any deficiency in materials or transportation or any other cause of any nature beyond my control, such failure will not be deemed to be a breach of these Terms and Conditions. This is provided that you are notified of the existence and nature of the reason for my non-performance and delay, and I resume performance immediately upon the conclusion of the relevant force majeure.

LIABILITY

You agree and accept that David Walker, trading as Walker Design Co. is not legally responsible for any loss or damage suffered or incurred in relation to the use of any of my services or work, whether from amendments, omissions or errors in any document, design, information or any goods or services offered by myself. This includes your use of or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information, materials, or work I produce, including any amendments to any design, is entirely at your own risk, for which I shall not be liable.

You agree and acknowledge that any information, materials, or designs may contain inaccuracies or errors and therefore exclude any liability of David Walker, trading as Walker Design Co. for any inaccuracies or errors.

All designs created as part of your project and therefore presented to you will be, to the best of my knowledge, original and will not plagiarise or infringe on any other work. I will perform certain checks to ensure that my work has not unintentionally infringed or plagiarised another design. These including limited checks using a global brand database and reverse image search checks using various search engines. However, I assume no legal responsibility for any loss or damage suffered or incurred related to any legal issues regarding the originality or authenticity of my work. You agree to perform your own checks and due diligence regarding originality and plagiarism. Should you have any concerns, please discuss this item with me prior to the start of your project. 

USE OF TYPEFACES

Any fonts or typefaces that are used and/or purchased in the creation of your design, and/or brand assets, are subject to commercial licencing laws. A font/typeface licence that I have purchased gives only me the right to use it. If you wish to use that typeface, you will need to purchase your own licence. When I present your designs to you, I will communicate with you and provide information relating to the typefaces I have used, and, if necessary, where and how they should be purchased. It is your responsibility as the client to ensure you have purchased the necessary font licence/s and registered this in your name. If a typeface has been used in a logo, this will sometimes not require a licence. In this instance, I will do my best to confirm any need, or lack thereof for the further purchase of a licence. However, I would suggest you do your own checks to ensure you are covered in terms of typeface licencing. I accept no responsibility or liability for the use of typeface or font in your design where you have not purchased your own licence and I have not communicated this to you.

REVIEWS & TESTIMONIALS

If you choose to share comments or any images relating to the performance or results of the work I have done for you, then in doing so you are granting, free of charge, permission to use that content in any way as part of my business services, including but not limited to, advertising and marketing. If you wish to provide me with positive feedback, and wish for this to either remain anonymous, or not be used in the promotion, advertising or marketing of my services, you must communicate this to me when providing that feedback.

NO GUARANTEE

You agree and accept that your use of and access to any work I have done for you, including materials, designs, sketches, ideas, or graphic assets, does not guarantee any particular result. Upon completion of the project and delivery of your designs, I will provide you with access to any information or resources that I believe could help you, but the use of any designs I have created for you remains your responsibility, and I accept no liability or responsibility for lack of results or success.

Whilst I have made every effort to ensure the accurate representation of my services and the experiences of other clients, this is not intended to guarantee that other clients will see similar results, and I make no guarantee, whether express or implied, that you will see any particular results or success. You accept and agree that I am unable to guarantee any particular results, success, or outcomes of the work I do for you.

RESTRICTIONS

Any original materials, designs, sketches, ideas, or graphic assets created as part of your project remain the property of David Walker, trading Walker Design Co, and as such, you do not have the right or permission to use, modify, replicate, change or borrow any elements of these materials, designs, sketches, ideas, or graphic assets. Upon payment of the final amount, you will be transferred full ownership rights to the final design you have approved. Any other materials, designs, sketches, ideas, or graphic assets created as part of your project will remain my property, and am therefore free to use these unused/previous ideas or designs for any other current or future client projects. In this instance, I shall take care to edit, amend or change these designs so that the final design does not cause any conflict.

Unless otherwise agreed upon, I reserve the right to use and promote the finished design and associated designs in my portfolio, on my website, on social media, and in any number of online galleries/portfolios, award submissions, as well as in printed literature including books and magazines, now and in the future. This could include any branding design, any print design (flyers, brochures, leaflets, business cards), digital design, website design, packaging design. I reserve the right to use your final design or any associated designs as part of your project, for any reason, personal or professional. Where I have promoted your design on my website, I will, if possible, provide a backlink to your website, so that my website visitors may visit your website if they so wish. If you would like me to not share any element of your project or designs, you must communicate this to me before the commencement of your project.

You are of course free to change, amend and adapt your finished design as you see fit, but in doing so, you agree that I accept no liability for this, and you do so at your own risk.