By accepting your quotation you agree to the following terms and conditions:


This Graphic Design Agreement (“Agreement”) is being made between you (“Client”) and (“Graphic Designer”) Upspark Digital Limited to design and develop fireplace imagery.


  1. Services

The Graphic Designer will provide the services as outlined solely in the project quotation. Typically these services will include the following:


The services will include the following number of revisions: Two (2). This is the scope of work the parties agree upon. For changes or additional requirements, a change order will have to be agreed upon by both parties, and may involve additional charges.


  1. Cost and Payment

The Graphic Designer will charge services at a fixed price as detailed in the quotation. The payment will be charged in one (1) payment, which will be paid on completion.



  1. Schedule

The Graphic Designer will provide the following deliverables:


  • Review
  • Final Completed Image


The Client will have two (2) business days to approve or ask for a revision of the draft.  At the end of said time, if no answer has been given, the work will be considered approved, and the Graphic Designer will continue their work. Per image one set of revisions is allowed during the review stage of the image. If more revisions are needed the Graphic Designer reserves the right to charge for this service. No revisions can be done once an image has been approved and a Final Completed Image has been delivered.

If the Graphic Designer’s schedule is held up by a non-responsive client (a client is deemed non-responsive after 48 hours of no communication) then the Graphic Designer has the right to charge £100 per day until such time communication is restored. The Graphic Designer also has the right to cancel the project after 5 working days of no communication from the client. At this point all monies set out in the quotation become due. Failure to pay this money will result in a breach of contract.


  1. Confidentiality

During the term of this agreement and afterward, the Graphic Designer will use reasonable care to prevent the unauthorized use or dissemination of Client’s confidential information.  Confidential information is limited to information clearly marked as confidential.


Confidential information does not include information that: the Graphic Designer knew before Client disclosed it; is or becomes public knowledge through no fault of Graphic Designer; Graphic Designer obtains from sources other than Client who owe no duty of confidentiality to Client, or Designer develops independently.


  1. Termination of Agreement

This Agreement will automatically terminate when both Parties have performed all their obligation under the Agreement and all payments have been made.



  1. Limitation of Liability

Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.


  1. Intellectual Property 

The Client will own any visuals provided by the Graphic Designer once the project is complete, and only once the agreed sum has been paid. The Graphic Designer will turn over all necessary files.

If the specified sum of money in the quotation is not paid, then the intellectual property of all images created as part of this contract will remain with the Graphic Designer and the Client will have no right to use any of the visuals created.

The Client also agrees to let the Graphic Designer use all visuals the Graphic Designer creates for the client for marketing purposes such as on social media and web.

The Client guarantees that they have legal rights to all elements of photographs, and anything else that they provide the Graphic Designer with, and will not hold the Graphic Designer responsible for any third-party claims.


The Graphic Designer will guarantee that they have legal rights to all elements related to the services they are providing and will not hold the client responsible for any third-party claims.


  1. Dispute Resolution

If either party accuses the other of being in breach of contract, the accused party will have 30 days to address the breach.


  1. Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of Scotland.