Terms & Conditions | Toby Tinsley

Last updated: Aug 2026

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This website is operated by Toby Tinsley, graphic and illustrative designer, based in Dorset, United Kingdom ("I", "me", "my"). Contact: toby@tobytinsley.com.

These terms are in two parts. Part A applies to anyone using this website. Part B applies to clients commissioning design work.

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Part A - Website terms of use

1. Acceptance

By using this website you accept these terms. If you do not accept them, please do not use the site.

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2. Intellectual property in site content

All content on this website - including illustrations, artwork, photographs, layouts, text, logos and design - is owned by me or by my clients and is protected by copyright and other intellectual property rights. Work shown in the portfolio is displayed with permission and remains the property of the commissioning client where rights have been assigned.

You may view and print pages for your own personal, non-commercial reference. You may not copy, reproduce, republish, distribute, adapt or use any content commercially, or as reference or training material for machine learning or generative AI systems, without my prior written permission.

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3. Accuracy and availability

I aim to keep this site accurate and available, but I do not guarantee it will be uninterrupted or error-free. Content is provided for general information and does not constitute advice. I may change or withdraw any part of the site without notice.

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4. External links

Links to third-party websites are provided for convenience. I have no control over their content and accept no responsibility for them.

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5. Acceptable use

 

You must not use this site unlawfully, attempt to gain unauthorised access to it, introduce malicious code, or use automated tools to scrape or harvest its content.

 

Part B - Terms of business for design work

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6. Proposals and acceptance

Quotations are based on the brief and information supplied at the time and remain valid for 30 days unless stated otherwise. A contract is formed when you confirm acceptance of a proposal in writing (email is sufficient) and, where required, pay the deposit. Where the proposal and these terms conflict, the proposal takes precedence.

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7. Fees, deposits and payment

Fees are as set out in the accepted proposal. Unless agreed otherwise:

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• a deposit of 50% is payable before work begins, and is non-refundable once work has commenced

• the balance is payable on completion, before final artwork or production files are released

• invoices for longer projects may be raised in agreed stages

• invoices are payable within 14 days of issue

 

Late payment may attract interest and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998. All fees are exclusive of VAT where applicable.

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8. Expenses and third-party costs

Costs such as stock imagery, licensed fonts, printing, photography, travel and specialist software or suppliers are additional to my fees and will be estimated in advance wherever possible. Third-party licences are purchased in your name or recharged at cost.

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9. Your responsibilities

To keep a project moving you agree to provide a clear brief, supply all necessary materials, information, brand assets and approvals promptly, and nominate a single point of contact authorised to give feedback and sign off work. You confirm that any materials you supply - text, images, logos, data - are lawful and that you hold the rights to use them. Delays in supplying materials or approvals may affect agreed timescales and cost.

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10. Revisions and approval

The proposal will state how many rounds of revision are included at each stage. Further revisions, or changes to a direction already approved, are chargeable at my prevailing rate and may extend the timescale.

You are responsible for checking and approving final artwork, including all text, spelling, dimensions and specifications. Once you have given written approval, I am not liable for errors discovered afterwards or for the cost of reprinting or reproduction.

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11. Timescales

Timescales are agreed in the proposal and are estimates given in good faith. They assume timely feedback and materials from you. I am not liable for delays caused by late approvals, changes to the brief, third-party suppliers, or circumstances outside my reasonable control.

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12. Changes to scope

If the brief changes materially after work has begun, I will confirm the effect on fees and timescale in writing before continuing.

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13. Intellectual property in commissioned work

I retain all rights in the work until payment has been received in full.

 

On full payment, rights transfer as specified in the proposal. Unless the proposal states otherwise:

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• Design and identity work - the rights in final approved deliverables are assigned to you for the agreed purpose.

• Illustration - original illustration is licensed to you for the media, territory and term set out in the proposal, rather than assigned. Additional or extended use may be agreed for a further fee.

• Preliminary work - concepts, sketches, roughs, working files and unused routes remain my property and may not be used or developed by you or a third party without agreement.

 

Where third-party assets are used, your rights are subject to the terms of the relevant licence.

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14. Credit and portfolio use

Unless we agree otherwise in writing, I may show completed work in my portfolio, website, social media, awards entries and teaching, and be credited as its designer or illustrator. If a project is confidential or subject to an embargo, tell me before work begins and I will hold it back until you confirm release.

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15. Collaborators

I may engage trusted freelance specialists to deliver parts of a project. I remain responsible to you for the work as a whole, and all collaborators are bound by equivalent confidentiality obligations.

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16. Confidentiality

Each of us agrees to keep the other's confidential business information private and to use it only for the purposes of the project.

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17. Cancellation

Either of us may terminate a project by giving written notice. If you cancel, you remain liable for all work completed to the date of cancellation, for any non-recoverable third-party costs committed on your behalf, and for the deposit, which is not refundable. I will invoice accordingly and, on payment, release the work produced to that point.

If a project is postponed by you for more than 60 days, I may treat it as cancelled and invoice on the same basis.

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18. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, my total liability arising from any project is limited to the fees paid by you for that project, and I am not liable for loss of profit, loss of business, loss of anticipated savings, reproduction or reprinting costs, or any indirect or consequential loss.

I do not carry out trade mark searches or clearance. Checking that a name, mark or design is available and does not infringe third-party rights is your responsibility, and I recommend taking professional advice before it is used commercially or registered.

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19. Force majeure

Neither of us is liable for failure to perform caused by events outside reasonable control, including illness, supplier failure, technical failure, or civil or governmental disruption.

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20. General

These terms, together with the accepted proposal, form the entire agreement between us. No variation is effective unless agreed in writing. If any provision is found unenforceable, the remainder continues to apply. No third party has rights under these terms.

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21. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.