Terms & Conditions
for Graphic Design Services
Last updated: 05 August 2026
Matt Ollive Design is the trading name for Matt Ollive a graphic designer based at 5 Hopwood Gardens, Tunbridge Wells, Kent TN4 9PT (the “Designer", Me, My). The name “Matt Ollive” is used in trade as the business brand and is protected by applicable intellectual property and passing off laws where those rights arise.
All enquiries for graphic design services can be made by telephone or through My Website (as defined). These Terms and Conditions together with My Proposal (as defined below), policies and procedures shall apply to all provisions of services whether you (“Client” or “You”) book with Me directly or through My Website which are subsequently confirmed in writing by Me through a Proposal Confirmation (as defined below) (“Services”). Matt Ollive reserves the right to provide You with a Proposal Confirmation in relation to a Proposal when you submit a Proposal to him. This shall always constitute your unqualified acceptance of these Terms and Conditions. These Terms and Conditions shall prevail over any separate terms You put forward to Us. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing or orally are expressly waived and excluded unless agreed between us in the Proposal and confirmed under the Proposal Confirmation.
Age restriction and authority: You warrant that you are at least 18 years of age. In the event of agreeing a Proposal with Me You confirm You have authority to bind any business on whose behalf You contact me on and/or use the Website. A Proposal is subject to My Proposal Confirmation.
These Terms and Conditions ("T&Cs") are entered into between Matt Ollive and You the Client. These T&Cs govern the provision of graphic design services as described in any Proposal agreed between the parties in the Proposal Confirmation. By engaging the Designer, the Client agrees to be bound by these T&Cs and pay the Charges pursuant to that set out in the Proposal and confirmed in the Proposal Confirmation between us.
Matt Ollive and the Client are referred to individually as a “Party” or collectively the “Parties”.
1 Definitions And Interpretation
1.1 Definitions:
"Agreement" means these T&Cs, a Proposal under the same together with the Proposal Confirmation all as agreed in writing between the Designer and the Client.
“Applicable Law” English law and any and all applicable laws, regulations, and industry standards or guidance.
“Business Day” means any day (other than a Saturday or a Sunday) on which banks are open in the City of London for the transaction of normal banking business.
“Business Hours” 09:00am until 17:30 on Business Days. The Designer may, at their discretion, respond to communications or perform Services (as defined) outside Business Hours but this does not create any obligation to do so or establish a pattern of availability.
“Charges” the charges payable by You to Me in relation to the Services as set out in each Proposal and confirmed in the Proposal Confirmation sent to You by Me.
“Confidential Information” any information in any form or medium obtained by or on behalf of either Party from or on behalf of the other Party in relation to these T&Cs and a Proposal under the same which is expressly marked as confidential or which a reasonable person would consider to be confidential, whether disclosed or obtained before, on or after the date of these T&Cs and a Proposal together with the Proposal Confirmation under the same, together with any reproductions of such information or any part of it.
Deposits: payment of deposits or payments made by You to Matt Ollive on the acceptance by You of a Proposal as confirmed by Me in the Proposal Confirmation taken on a non-refundable basis. The retention of a deposit or payment made to Matt Ollive is a genuine estimate of loss. Matt will take reasonable steps to reduce any loss; however, administrative charges need to be covered and My time is limited.
Event Outside My Control: any act or event beyond My reasonable control, including pandemics, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
Intellectual Property Rights: copyright and related rights, trademarks and service marks, trade names and domain names, rights under licenses, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in Confidential Information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Liability: liability in or for breach of contract, breach of duty, torts (including negligence and intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these T&Cs, any Proposal and Proposal Confirmation made under the same, including liability expressly provided for under these T&Cs, Proposal and Proposal Confirmation made under the same or arising by reason of the invalidity or unenforceability of any term between Us (and, for the purposes of this definition, all references to “these T&Cs” shall be deemed to include any Proposal agreed in the Proposal Confirmation together with any applicable policies and notices).
"Services" means the graphic design services to be provided by the Designer as detailed in the Proposal and confirmed in the Proposal Confirmation.
"Deliverables" refers to the finished designs, materials, or creative outputs resulting from the Services.
"Proposal" means a document agreed under the Proposal Confirmation setting out the scope of work, timeline, Charges, and any additional terms.
“Proposal Confirmation” means the confirmation that I send You upon acceptance of the Proposal. For the avoidance of doubt, this includes the Proposal as an offer made by Me to You and payment by You of the Charges including any non-refundable payments (where stipulated) and/or non-refundable Deposits as set out in the Proposal. Save for applicable law, once I begin working on the Proposal or you have paid a non-refundable Deposit to Me, you are no longer eligible for a refund. Nor can you withhold any amounts due and payable to Me. It is unlikely that Matt Ollive due to the bespoke nature of the work offered under a Proposal would be able to recover the loss. This is a genuine estimate of loss. I will take reasonable steps to reduce My loss.
“Website” mattollive.com
1.2 Interpretation: Words denoting the singular include the plural and vice versa, where context permits. Clause headings are for guidance only and do not affect the interpretation of these T&Cs.
2 Services
2.1 The Designer shall provide the Services as described in the Proposal once agreed in writing through the Proposal Confirmation.
2.2 The Designer will use reasonable skill and care in the performance of the Services and create original work for the Client. However, the Client acknowledges that creative design is influenced by the Designer’s experience, knowledge, prevailing design trends, publicly available materials, and other works encountered during the course of professional practice. Accordingly, the Designer cannot guarantee that concepts, styles, layouts, colours, typography or other design elements have not been influenced, consciously or unconsciously, by existing works or that similar ideas have not been independently created by others. Any such inspiration does not of itself constitute copying or infringement.
2.3 The Designer warrants that he will not knowingly or intentionally copy or reproduce any third party’s copyright, trademark, registered design or other intellectual property rights. Where the Client requests that the Designer replicate or closely follow a third party’s work, the Client accepts responsibility for obtaining any necessary permissions and indemnifies the Designer against any resulting claims arising from such instructions.
2.4 Any work outside the agreed scope of the Services must be agreed in writing and may incur additional Charges. Examples of out-of-scope work include, but are not limited to, significant adjustments to design themes, additional Deliverables, or changes to the agreed project concept.
2.5 Timescales: I shall use My reasonable endeavours to perform My obligations under these T&Cs within any timescales set out and agreed between Us. For the avoidance of doubt, time is not of the essence and, in particular, subject to Clause 10 Limitation of Liability and Clause 13 Force Majeure, I shall not have any Liability for any delays or failures to accurately perform My obligations:
- if I have used those reasonable endeavours; or
- if caused by any failure or delay on Your part or by any breach by You of these T&Cs or any other agreement between Us and You.
If there is any slippage in time, I shall use My reasonable endeavours to reschedule delayed tasks to a mutually convenient time.
2.6 Except as specifically stipulated in these T&Cs and agreed between us under a Proposal as confirmed in the Proposal Confirmation, I shall not be responsible for providing or achieving any particular results or outcomes within a particular time frame.
2.7 Except where expressly stated in these T&Cs and any Proposal and Proposal Confirmation, I exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Services.
3 Payment
3.1 Charges: the Charges for the Services are as specified in the Proposal as confirmed in the Proposal Confirmation.
3.2 Invoices and Payments: the Designer will issue invoices as specified in the Proposal and agreed in the Proposal Confirmation in consideration of the provision and performance of the Services to the Client. The Client shall pay Matt Ollive by bank transfer to the account identified by Matt Ollive from time to time by the due date as stated on the invoice:
• all payments must be made in accordance with the Proposal and in any event within 7days of the invoice date;
• Late payments may incur interest under the Late Payment of Commercial Debts (Interest) Act 1998. I will email you to let you know if I do intend to apply this pursuant to the late payment interest application Clause below. Matt Ollive expressly reserves the right to do so at any stage from the due date.
• Late payment interest application: I will send you a reminder for payment of the Charges following the sending to You of an invoice. If you have not paid any invoice within 14 days of having sent this reminder to You, I will have the right, subject to the application of interest, to either suspend or terminate the provision of the Services with You without notice in accordance with these T&Cs.
3.3 Additional Charges:
• the Client shall be responsible for any additional Charges incurred by the Designer that are pre-approved in writing (e.g., stock imagery, specific software licensing).
• Increase in Charges: I may increase any Charges at any time on notice to You of 3 (three) Business Days, with the increase taking effect from the next payment date for the Charges in accordance with Clause 3.2 above. For the avoidance of doubt, this shall include annual increases to the Services. If You do not accept the increase notified to You, You have the right to terminate the provision of Services between Us in accordance with these Terms and Conditions.
4 Revisions and Amendments
4.1 The Services include 2 rounds of revisions as specified in the Proposal and agreed in the Proposal Confirmation. A “revision” is defined as a change or modification requested to the Deliverables after initial delivery that does not substantially alter the agreed project scope.
4.2 If the Client requests revisions exceeding the agreed rounds, additional Charges will apply. The Designer will provide a written estimate for these additional Charges prior to commencing further revisions.
5 Intellectual Property Rights
5.1 The copyright and intellectual property rights in all Deliverables shall remain the property of the Designer until full payment of all Charges under this Agreement has been received.
5.2 Upon payment in full, the Designer shall assign to the Client:
A. the copyright and intellectual property rights in the Deliverables, except for:
(i) third-party materials or resources incorporated into the Deliverables, which shall be used subject to third-party licensing terms; and
(ii) the Designer’s portfolio rights to showcase the Deliverables for promotional purposes.
5.3 The Client shall not modify or use the Deliverables for purposes not expressly agreed in writing without the prior written consent of the Designer.
5.4 The Client may not use the Deliverables until full payment has been made to the Designer. In the event of a dispute, the Designer may grant a temporary license for use of the Deliverables, subject to written terms agreed by both Parties.
6 Confidentiality
6.1 Both the Designer and the Client agree to keep confidential all non-public, proprietary, or sensitive information disclosed during the term of this Agreement, unless required by law.
6.2 Confidential information includes, but is not limited to, technical data, know-how, and materials shared in connection with the Agreement.
7 Portfolio and Promotional Use
Unless otherwise agreed in writing before the Services commence, the Client grants the Designer a perpetual, worldwide, royalty-free licence to use the Deliverables and the Client’s name and logo for the sole purpose of promoting the Designer’s business and demonstrating the Services provided.
8 Designer Credit
Unless otherwise agreed in writing, the Designer may identify themselves as the creator of the Deliverables and may request that a reasonable credit, including a hyperlink where appropriate, is included where the Deliverables are published digitally. The Client shall not be obliged to provide such credit where this would be impractical or inconsistent with the Client’s branding or business requirements.
9 Client Obligations
9.1 The Client agrees to:
- provide all necessary information, materials, and approvals required for the Designer to perform the Services in a timely manner;
- ensure that any materials provided do not infringe the intellectual property rights of third parties; and
- respond to the Designer's requests for feedback, approvals, and information within a reasonable timeframe to avoid unnecessary delays.
- accept full responsibility for reviewing and approving all final proofs, including any errors or omissions subsequently identified after written sign-off or approval has been given.
9.2 The Designer will not be responsible for delays caused by the Client’s failure or refusal to provide the required information or approvals.
10 Limitation of Liability
10.1 To the fullest extent permitted by law, the Designer's Liability under or in connection with these T&Cs is limited to the total fees paid to Matt Ollive by the Client for the relevant Services under the Proposal.
10.2 The Designer shall not be liable for indirect, consequential, or special damages, including loss of data, loss of profit, loss of goodwill, business opportunity, or reputation.
10.3 This limitation does not apply to Liabilities arising from fraud, willful misconduct, or any Liability that cannot be excluded under applicable law.
10.4 If the Client reasonably considers that the Deliverables do not materially conform to the agreed specification as set out in the Proposal and confirmed under the Proposal Confirmation, the Client must notify Matt Ollive in writing within 7 days of delivery of the same by the Designer to the Client. The Designer shall be given a reasonable opportunity to investigate the issue and where the Designer accepts that the Services have not been performed with reasonable skill and care, the Designers sole obligation shall be, at his option, to:
- correct or re-perform the affected Services; or
- amend or replace the Deliverables,
At no extra cost to the Client.
The Client shall not engage a third party to rectify, amend or recreate the Deliverables nor shall the Client be entitled to any refund, reduction of Charges or damages unless the Designer has been given a reasonable opportunity to remedy the issue and has failed to do so within a reasonable time frame. This Clause 10 constitutes the Client’s exclusive remedy in respect of any failure by the Designer to perform the Services with reasonable skill and care.
10.5 Clients must notify Matt Ollive of any defects within seven (7) days after delivery of the Deliverables and bring any legal claim within twelve (12) months of delivery of the same.
11 Data Protection and Privacy
The Parties acknowledge that I process personal data in accordance with My Privacy Policy available on request or through the Website. Matt Ollive is registered with the UK Information Commissioner’s Office under Registration Reference: ZC205939.
11.1. Each party shall comply with all applicable data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018, in relation to any personal data processed in connection with the Services.
11.2. The Designer will process personal data only to the extent necessary to provide the Services, manage the client relationship, comply with legal obligations and protect the Designer’s legitimate business interests.
11.3. Where the Designer processes personal data on behalf of the Client, the parties shall cooperate in good faith and enter into any additional data processing agreement required by applicable law.
11.4. The Designer will implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.
11.5. The Designer may engage trusted third-party service providers (such as cloud storage, email, payment or project management providers) where reasonably necessary to deliver the Services. The Designer will take reasonable steps to ensure such providers are subject to appropriate confidentiality and data protection obligations.
11.6. The Designer will retain personal data only for as long as reasonably necessary to fulfil the purposes for which it was collected, comply with legal or regulatory obligations, or establish, exercise or defend legal claims.
11.7. Further information about how the Designer collects, uses and protects personal data is set out in the Designer’s Privacy Policy, which is available on request or on the Designer’s website.
12 Termination
12.1 I may terminate this Agreement in relation to the provision of the Services at any time by giving 30 days' written notice.
12.2 I may provide You with immediate notice to either suspend or terminate these T&Cs and/or any Proposal entered into under the same as confirmed by a Proposal Confirmation between Us in the event that You:
a. do not make any payment to Me when it is due and you still do not make payment within 7 (seven) days of Me reminding You that payment is due and payable;
b. do not, within a reasonable amount of time of Me asking for it, provide Me with information that is necessary to provide the Services;
c. are in breach of any of Your obligations under these T&Cs, Proposal and any Proposal Confirmation including any policies and procedures included within the same;
d. are unable to pay Your debts when they fall due;
e. have a petition for administration or winding up proceedings;
f. have a receiver or manager appointed over any of Your property or assets;
g. are the subject of a bankruptcy petition;
h. enter into any composition with creditors generally; and/or
i. take or suffer any steps preparatory to the situations set out above, or if any distress or execution is levied or threatened on any of your property or assets.
12.3 Upon termination:
• the Client will pay the Designer for all Services completed up to the termination date.
• any incomplete Deliverables remain the property of the Designer until full payment is received.
• the Client shall receive finished Deliverables for which payment has been fully made.
In the event that these T&Cs, any Proposal and Proposal Confirmation forming an Agreement between Us in relation to the provision of Services is cancelled or terminated:
· I will cease to provide any relevant Services to You, and any licences specifically with regard to use of any Matt Ollive trademark or Deliverable shall also cease; and
· the accrued rights, remedies, obligations and Liabilities of Me and You as at cancellation or termination shall not be affected, including the right to claim damages for any breach of these T&Cs, any Proposal and/or any Proposal Confirmation entered into under the same which existed at or before the date of cancellation or termination.
12.4 Post-Termination: termination of these T&Cs shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
13 Force Majeure
13.1 The Designer shall not be liable for delays or failure to perform obligations under this Agreement caused by circumstances beyond our reasonable control, including, but not limited to, natural disasters, government actions, or unexpected interruptions ("force majeure").
13.2 I will notify You as soon as reasonably practicable of the force majeure event.
13.3 Our obligations under these T&Cs, Proposal and/or the Proposal Confirmation under the same will be suspended and the time for performance of My obligations will be extended for the duration of the force majeure event. I will restart the performance of My responsibilities under these T&Cs, Proposal and Proposal Confirmation under the same as soon as reasonably practicable after the force majeure event.
13.4 I shall have a right to immediately terminate these T&Cs including any Proposal and Proposal Confirmation under the same in the case of a force majeure event.
14 Notices
14.1 Any notice given to either the Designer or You by the other under or in connection with this Agreement shall be in writing, addressed (as applicable) to Us at our address or addressed to You at such address as you may have specified to Us from time to time, and shall be delivered by email, personally, sent by pre-paid first class post, recorded delivery or commercial courier.
14.2 A notice shall be deemed to have been received: if sent by email or delivered personally, when sent or left at the last notified address provided done on a Business Day during Business Hours. If not, the next Business Day shall be the date of receipt. If sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; and, if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed provided done on a Business Day during Business Hours. If not, the next Business Day shall be the date of receipt.
15 Conflict
In the event of any conflict between the provisions of these T&Cs, the Proposal, or the Proposal Confirmation, the Proposal Confirmation shall prevail.
16 Dispute Resolution
16.1 Subject to Clause 10 Limitation of Liability, in the event of a dispute arising out of or in connection with this Agreement:
• the Parties agree to resolve the dispute through good-faith negotiations;
• if negotiations are unsuccessful, disputes shall be referred to mediation with a mediator appointed by agreement or failing agreement the Centre for Effective Dispute Resolution (CEDR). Unless agreed otherwise, the costs of the mediator shall be shared equally;
• nothing in this Clause 16 prevents either Party from seeking urgent injunctive or equitable relief, payment of undisputed sums due under this Agreement or commencing proceedings where necessary to avoid the expiry of any applicable limitation period.
If the dispute is not resolved through negotiation or mediation, either Party may commence proceedings in accordance with Clause 16.2 below.
16.2 Governing Law: save for Clause 8 and Clause 14, this Agreement and any disputes arising under it shall be governed by English law, with the courts of England and Wales having exclusive jurisdiction.
17 Amendments
17.1 These T&Cs including any Proposal agreed through a Proposal Confirmation may only be amended in writing and agreed by both the Designer and the Client.
18 Retention of Records
The Designer shall keep a record of these T&Cs, Proposal and Proposal Confirmation relating to the Services for up to 6 (six) years following completion or termination of the Service, or such longer period as required by law or reasonably necessary to establish, exercise or defend legal claims. Any personal data will be retained only for as long as necessary in accordance with applicable data protection legislation.
I do recommend that You print and keep a copy of these T&Cs, the Proposal and Proposal Confirmation entered into between Us for your records.
19 Compliments and Complaints
I value your satisfaction of the Website and the Services. If You have any feedback, compliments or a complaint, please contact Me directly. I will acknowledge and seek to resolve any concerns within a reasonable time.
20 General
20.1 A person who is not Me or You shall not have any rights under or in connection with these T&Cs, any Proposal and/or any Proposal Confirmation entered into under the same.
20.2 These T&Cs are personal to You. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, these T&Cs and/or any Proposal entered into under the same or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without My prior written consent (such consent not to be unreasonably withheld or delayed).
20.3 I may transfer My rights and obligations under these T&Cs, any Proposal and/or Proposal Confirmation entered into under the same to another organisation, and I will always inform You if that happens, but this will not affect Your rights or My obligations under these T&Cs, Proposal and/or Proposal Confirmation.
20.4 If I fail to insist that You perform any of Your obligations under these T&Cs, Proposal and/or Proposal Confirmation entered into under the same, or if I do not enforce our rights against You, or if I delay in doing so, that will not mean that I have waived our rights against You and will not mean that You do not have to comply with those obligations. If I do waive a default by You, I will only do so in writing, and that will not mean that I will automatically waive any later default by You.
20.5 Each of the provisions of these T&Cs operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
20.6 Nothing in these T&Cs, Proposal and/or Proposal Confirmation entered into under the same shall constitute a partnership or employment or agency relationship between You and the Designer.
20.7 Subject to Clause 16 above, any question, dispute or difference, which may arise concerning the construction, meaning, effect or operation of these T&Cs, Proposal and/or Proposal Confirmation entered into under the same or any matter arising out of or in connection with the same shall be escalated internally between the Parties to resolve the matter in the first instance.
21 Entire Agreement
21.1 These T&Cs, together with the Proposal as confirmed by Me in the Proposal Confirmation, in writing constitute the entire agreement between the Parties and supersede all prior agreements relating to the same subject matter. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the Designer which is not set out in the Agreement between us.