Welcome to Harry Designs (https://harry-designs.com). By accessing our website, interacting with our content, or engaging our design services, you agree to the following Terms & Conditions, Privacy Policy, and Cookie Policy.
Terms & Conditions of Service and Intellectual Property
The following terms act as the baseline agreement for any design services provided by Harry Flaherty / Harry Designs, unless explicitly superseded by a signed, project-specific Statement of Work.
1. Copyright & General Intellectual Property
All content, designs, graphics, layouts, and visual assets displayed on this website, as well as those presented in proposals, drafts, or pitches, are the exclusive intellectual property of Harry Designs. This work is protected automatically under the UK Copyright, Designs and Patents Act 1988 (CDPA). No designs or content may be copied, reproduced, distributed, or implemented without explicit, written permission and a formalised licensing agreement.
2. Retention of Ownership (No Pay, No Play)
For all client projects, all designs, drafts, and final deliverables remain the exclusive intellectual property of Harry Designs until the final project invoice is paid in full. Upon receipt of full payment, the specific usage rights or licenses outlined in your project quote will be officially transferred to you. Any use of the work prior to full payment is strictly prohibited and constitutes copyright infringement.
3. Unauthorised Use & Pitch Stage Theft
Any design concepts, layouts, logos, or visual assets presented during the pitch or proposal stage remain the exclusive intellectual property of Harry Designs unless explicitly purchased and released in a written contract.
In the event that a prospective client, individual, or business implements, copies, or otherwise uses these unapproved designs without authorisation, a retrospective licensing fee will be strictly enforced. This settlement fee will be calculated as the original project quote, subject to a 2x multiplier. This multiplier is standard UK design industry protocol to account for the unauthorised commercial use, the loss of exclusivity, and the bypassing of standard negotiation and licensing procedures. Failure to pay this retrospective license will result in formal legal action for copyright infringement.
4. Unused Concepts & Drafts
Any concepts, sketches, or drafts presented to a client that are not selected as the final deliverable remain the exclusive intellectual property of Harry Designs. Clients may not use, replicate, or derive new work from these unused concepts without purchasing a separate license.
5. Deliverables vs. Source Files
Unless otherwise agreed in writing, clients are purchasing the final, flattened deliverables as outlined in their project scope (e.g., PNG, JPG, PDF, or compiled code). Native working files (e.g., .AI, .PSD, .FIG) remain the proprietary tools of Harry Designs and are not included. If a client requires the native working files, an IP Buyout may be negotiated at an additional cost.
6. Portfolio & Promotional Rights
While the client will hold the rights to the final deliverables upon full payment, Harry Designs retains the right to display the finalised work, as well as preliminary drafts, in online portfolios, social media, and marketing materials for self-promotional purposes, unless a Non-Disclosure Agreement (NDA) is signed prior to the project start.
7. Cancellation & Kill Fee
In the event of cancellation of a project by the client, any initial deposit paid is non-refundable. If the project is cancelled after work has commenced beyond the deposit value, the client will be billed for all work completed up to the date of written cancellation, based on standard hourly rates or a pro-rata project fee.
Privacy Policy
Your privacy is important to us. It is Harry Designs’ policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you across our website.
Information We Collect
Information collected includes both information you knowingly and actively provide when using or participating in any of our services and promotions, and any information automatically sent by your devices in the course of accessing our products and services.
Log Data
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, other details about your visit, and technical details that occur in conjunction with any errors you may encounter.
Personal Information & Collection
We may ask for personal information, which may include your Name, Email, and Phone/mobile number. We only collect and use your personal information when we have a legitimate reason for doing so, such as when you:
- Sign up to receive updates from us via email or social media channels
- Use a mobile device or web browser to access our content
- Contact us via email, social media, or on any similar technologies
- Mention us on social media
We may collect, hold, use, and disclose information to contact and communicate with you, and for analytics, market research, and business development to operate and improve our website.
Security & Retention of Your Personal Information
When we collect and process personal information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use, or modification. Although we do our best to protect your personal information, no method of electronic transmission or storage is 100% secure.
We keep your personal information only for as long as we need to for the purposes set out in this policy. If your personal information is no longer required, we will delete it or make it anonymous.
Disclosure to Third Parties & International Transfers
We may disclose personal information to third-party service providers to enable them to provide their services (e.g., IT service providers, data storage, hosting, or analytics platforms). The personal information we collect is stored and/or processed where we or our third-party providers maintain facilities, in accordance with applicable data protection laws.
Your Rights
You retain the right to withhold personal information from us, request details of any personal information we hold about you, or ask us to correct any inaccurate or outdated information. If you believe we have breached a relevant data protection law, please contact us with full details, and we will promptly investigate.
External Links
Our website may link to external sites that are not operated by us. We have no control over the content and policies of those sites and cannot accept responsibility or liability for their respective privacy practices.
Cookie Policy
About this Cookie Policy
This Cookie Policy explains what cookies are and how we use them, the types of cookies we use, and how to control your cookie preferences. Your consent applies to the following domains: harry-designs.com.
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What are cookies?
Cookies are small text files stored on your device when the website is loaded on your browser. These cookies help us make the website function properly, make it more secure, provide a better user experience, and analyse what works and where it needs improvement.
How do we use cookies?
Our website uses first-party and third-party cookies. First-party cookies are mostly necessary for the website to function and do not collect any personally identifiable data. Third-party cookies are mainly for understanding how the website performs, keeping our services secure, providing relevant advertisements, and speeding up your future interactions.
What types of cookies do we use?
- Essential: Required for you to experience full site functionality, maintain user sessions, and prevent security threats. They do not store personal information.
- Statistics: Store information like visitor numbers, unique visitors, page visits, and traffic sources to analyse site performance.
- Marketing: Used to personalise the advertisements shown to you and track the efficiency of ad campaigns.
- Functional: Help with non-essential functionalities like embedding videos or sharing content on social media.
- Preferences: Store your settings and browsing preferences (like language) for a better future experience.
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How can I control my cookie preferences?
You can click on the “Privacy & Cookie Policy” tab on your screen at any time to change your preferences or withdraw your consent. Additionally, you can change your browser settings to block or delete cookies. To find out more, visit wikipedia.org or www.allaboutcookies.org.
Contact Us
For any questions or concerns regarding these terms, your privacy, or our policies, you may contact us using the following details: motion@harry-designs.com