Terms of Service

Acceptance of Terms

By accessing this website, by submitting an enquiry through the contact page, or by commissioning work from the studio, you confirm that you have read and understood these terms and that you agree to be bound by them. If you are accepting on behalf of a company or another organization, you confirm that you have the authority to bind that organization.

These terms apply together with any written proposal, statement of work or invoice that the studio provides. If a signed agreement conflicts with these terms, the signed agreement controls for that engagement. Where a client requests a change to these terms, the studio will consider the request and may agree to a variation in writing. A variation applies only to the engagement it names and does not change these terms for any other matter.

These terms may refer to the client, to the studio and to the work. The client is the person or organization that engages the studio. The studio is Andrew Beesley Design LLC. The work is the design service described in a confirmed proposal. Where a word is not defined in these terms, it carries the meaning given to it in the proposal.

Eligibility

This website is intended for use by adults and by businesses. By using the site you confirm that you are at least the age of majority in your jurisdiction, or that you are using the site under the supervision of a parent or guardian who accepts these terms on your behalf.

You also confirm that any information you provide to the studio is accurate and that you will keep it current. If the studio discovers that information provided for a project is false or misleading, the studio may suspend or end the engagement. The studio may ask for reasonable proof of identity or authority before it releases files or discusses a project with a new contact, and you agree to cooperate with such a request.

Permitted Use of the Website

You may view and use this website for lawful purposes and for learning about the studio and its services. You may not use the website in a way that harms the studio, its clients or any other person, and you may not attempt to interrupt or compromise the site.

• Do not copy, scrape or republish the studio content without written permission.
• Do not attempt to gain unauthorized access to any system or account.
• Do not introduce malware, spam or any code designed to disrupt the site.
• Do not use the site to harass, threaten or deceive any person.
• Do not remove or alter any notice of ownership that appears on the site.

The studio may suspend access to the website at any time for maintenance, security or any other reason. The studio is not liable for any interruption of access.

Studio Services

Andrew Beesley Design LLC provides brand identity and print design services. These services include logo and identity systems, packaging design, print collateral systems, signage and wayfinding, brand guideline books, and refresh and reprint support. The exact scope for a given engagement is described in a written proposal that both parties confirm.

The studio may decline a project for any lawful reason, including a conflict of interest, a schedule that cannot be met, or a scope that falls outside the studio practice. Any description of services on the website is informational and does not by itself create a contract.

Quotes and Proposals

A quote or proposal from the studio describes the work, the deliverables, the timeline and the fee. A quote is valid for the period stated in it and is subject to change if the scope changes. A project begins when the client confirms the proposal in writing and, where a deposit is required, when the deposit is received.

If the client requests work outside the confirmed scope, the studio will describe the effect on the fee and the timeline and will proceed only after the client agrees to the change. The studio is not obliged to perform work that is not part of the confirmed scope.

Fees and Payment

Fees for studio work are stated in the proposal. Unless the proposal says otherwise, the studio requires a deposit before starting work and payment of the balance before release of final files. Invoices are payable within the period stated on the invoice.

• Deposits are applied to the total project fee and are not a separate charge.
• Late payments may pause work until the account is current.
• Returned or failed payments may incur a reasonable administrative charge where the law allows.
• Third party costs such as printing, fonts, stock imagery or fabrication are the responsibility of the client unless the proposal says otherwise.

The studio reserves the right to withhold final files and to assert any lien available under law until outstanding amounts are paid. Price terms for ongoing reprint support are set in the proposal or in a separate maintenance agreement.

Client Responsibilities

A design project depends on timely input from the client. The client agrees to provide accurate content, brand materials, product samples and any required approvals within the timeframes agreed. Delays in providing input may shift the schedule and may lead to additional fees where the delay requires the studio to reschedule work.

The client is responsible for confirming that all text, claims and images supplied to the studio are accurate and that the client has the right to use them. The client is also responsible for reviewing proofs carefully before approving them for production. Once a proof is approved, the studio is not responsible for errors that were visible in the approved proof.

Revisions and Approvals

Each proposal states the number of revision rounds included. A revision round is a set of consolidated comments returned by the client within the review window. The studio may treat additional rounds or changes that alter the approved direction as new work, which may carry an additional fee.

Approvals must be given in writing. When the client approves a stage, the studio may rely on that approval and move forward. If the client later wishes to reverse an approved decision, the studio will assess the impact and may charge for the rework that results.

Intellectual Property

The website and its content, including text, layout, graphics and code, are owned by the studio or used under license and are protected by applicable law. You may not reproduce, distribute or create derivative works from the site content without written permission.

For design work, the studio retains ownership of preliminary concepts, unused directions and working files. Upon full payment, the client receives the rights described in the proposal, which typically include the right to use the final approved deliverables for the stated purpose. The studio retains the right to display the work as described in the portfolio section below. Rights to custom fonts, stock assets and third party materials remain with their owners and are governed by their own licenses.

Portfolio and Promotion Rights

Unless the client requests otherwise in writing before the project begins, the studio may display the completed work in its portfolio, on the website and on professional profiles, and may describe the project in general terms. The studio will not disclose confidential business information that the client has clearly marked as confidential.

If a client requires anonymity for a project, the studio will honor that request and will present the work in a form that does not identify the client. The studio may keep an archival copy of the work for reference and for the delivery of future reprint support.

Third Party Assets

Some projects use assets that belong to others, such as licensed fonts, stock photographs, icons or illustrations. These assets are provided under the terms of their own licenses. Where a project requires a licensed asset, the client is responsible for holding or purchasing the appropriate license unless the proposal states that the studio will do so.

The studio is not liable for a claim that arises from the client supplying an asset that the client did not have the right to use. The client agrees to obtain any permission needed for materials the client provides and to keep the studio informed of any license restrictions that affect the design.

Printing and Production

Print and fabrication involve variables that sit outside the control of the studio, such as paper stock, press conditions, ink behavior and finishing. The studio prepares files to professional standards and provides specifications, but the studio does not operate the press and cannot guarantee an exact color or texture result on a physical product.

The studio recommends a proof or a press check for projects where color and finish are critical. If a vendor produces a result that departs from the approved proof, the matter is generally between the client and the vendor. The studio will assist in good faith to identify the cause and to prepare corrected files.

Disclaimer of Warranties

The website and its content are provided on an as available basis. To the fullest extent permitted by law, the studio disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. The studio does not warrant that the website will be uninterrupted, error free or free of harmful components.

The studio does not warrant any specific commercial result from a design project, such as a level of sales, recognition or market response. Design outcomes depend on many factors, including the market, the product, the price and the actions of the client, all of which sit beyond the studio control.

Limitation of Liability

To the fullest extent permitted by law, Andrew Beesley Design LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or connected with the website or a design engagement, even if the studio has been advised of the possibility of such damages.

The total liability of the studio for any claim arising out of an engagement will not exceed the total fees paid by the client to the studio for that engagement. Some jurisdictions do not allow certain limitations, so a part of this section may not apply to you. In that case the remaining parts continue in full force.

Indemnification

You agree to defend, indemnify and hold harmless Andrew Beesley Design LLC and its personnel from any claim, loss, liability or expense, including reasonable legal fees, that arises from your use of the website, from content or assets that you supply, or from your breach of these terms.

The studio will give prompt notice of any such claim and will cooperate reasonably in the defense. The studio reserves the right to take part in the defense with counsel of its own choosing. This obligation survives the end of any engagement.

Termination

Either party may end an engagement as described in the proposal or, if the proposal is silent, with reasonable written notice. If the client ends a project early, the client remains responsible for payment for work completed and for expenses already committed up to the date of termination.

The studio may end an engagement immediately if the client behaves abusively, requests unlawful work, fails to pay, or breaches these terms in a material way. On termination the studio will deliver the work completed to that point, subject to payment, and the clauses that by their nature should survive will continue to apply.

Force Majeure

The studio is not liable for a delay or failure caused by an event beyond its reasonable control. Such events may include natural disasters, fire, flood, severe weather, war, civil unrest, epidemic or pandemic, government action, power failure, network failure, or the failure of a key supplier.

If such an event occurs, the studio will notify the client and will take reasonable steps to reduce the impact. The schedule will be extended by a period equal to the delay, and either party may end the engagement if the event continues for an extended period.

Governing Law and Disputes

These terms are governed by the laws of the State of Utah in the United States, without regard to conflict of law rules. The parties agree to attempt a good faith resolution of any dispute through direct discussion before starting formal proceedings.

If a dispute cannot be resolved by discussion, it will be brought in the state or federal courts located in Utah, and the parties consent to the jurisdiction of those courts. Nothing in this section prevents a party from seeking urgent relief where that is necessary to protect its rights.

Changes to These Terms

The studio may update these terms from time to time. When a material change is made, the studio will update the date at the top of this page and may provide a notice on the website. Continued use of the website after an update means that you accept the revised terms.

An engagement is generally governed by the terms in effect when the proposal was confirmed, unless the parties agree otherwise in writing. We encourage you to review this page before starting a new project. If a change to these terms is not acceptable to you, you may stop using the website and may discuss a separate written agreement with the studio for future work.

A failure by the studio to enforce a part of these terms is not a waiver of that part. If a provision of these terms is found to be unenforceable, the remaining provisions stay in effect and the unenforceable provision is replaced by a valid provision that comes closest to the original intent. These terms, together with the confirmed proposal, form the entire agreement between the client and the studio for the subject matter they cover, and they replace any earlier discussion on that subject.

Contact Information

If you have a question about these terms or about a studio engagement, please contact the studio. We are glad to clarify anything in plain language before you commit to a project.

The studio values clear communication and will respond to a reasonable question about these terms within the time required by applicable law.