Contractual Terms
The Client acknowledges that the Illustrator/ Designer is first and sole owner of all copyright and shall retain intellectual rights of all illustrations.
The Client is granted license to reproduce the artwork for the sole purpose set at the face of the commission. If the acceptance of the commission is silent, the Client is granted an exclusive licence for one time use only.
Upon payment in full of all fees owed, the Illustrator/Designer shall transfer ownership of high resolution scans of the illustrations, design mechanicals and reproduction specifications to the Client.
Illustrator/Designer is entitled to use all artwork for self-promotion purposes or to enter into any contest.
During the currency of the licence the Illustrator/Designer shall notify the Client of any proposed exploitation of the artwork for purposes other than self-promotion and the Client shall have the right to make reasonable objections if such exploitation is likely to be detrimental to business of the Client or the Client’s Customers.
Where use of the artwork is restricted, the Illustrator/Designer will usually grant the Client a licence for use for other purposes. This is subject to a further payment in line with current licensing rates to be mutually agreed between the Illustrator/Designer and Client.
The Client may not assign or transfer this licence or any part thereof unless authorized in writing by the Illustrator/Designer.
The licence hereby granted to use the artwork is contingent upon the Illustrator/Designer having received full payment of all the monies due. No reproduction or publication rights are granted unless, and until, all sums due under the agreement are paid.
Changes
If the Client changes the brief and this leads to subsequent changes, additions or variations, the Illustrator/Designer may require consideration for such work and has the right to refuse. If the additional work is carried out, additional fees may also apply.
Payment
The Client shall pay all invoices within 30 days of their receipt. Failure to do so will result in a 4% per month interest charge on any balance unpaid after 30 days from the date of invoice.
We accept cash, cheques and payments through Paypal.
Cancellation
Should the Client choose to cancel work after commencement, Client agrees to pay the Illustrator/Designer:
- 25% of the final fee if the cancellation occurs after delivery of roughs.
- 65% of the final fee if cancellation occurs after revised drawings.
- 100% of the final fee if cancellation occurs on the delivery of artwork.
In the event of a cancellation the ownership and all rights belong to the Illustrator/Designer unless the artwork is based on Client’s visuals or otherwise agreed.
Delivery
The Illustrator/Designer will use best endeavours to meet the deadline issued by the Client and shall notify the Client if any delay occurs at the first opportunity at which time the Client may make time of the essence and cancel the commission without payment in the event of the Illustrator/Designer failing to meet the deadline. This policy does not permit if the delay was the fault of the Client.
If the artwork doesn’t fulfil the brief, an objection should be made by the Client on delivery. If such an objection does not occur within 21 days of delivery, it shall be conclusively presumed that the artwork is acceptable.
The Illustrator/Designer shall not be liable for any consequential loss or damage arising from late delivery of artwork.
If artwork is to be delivered by post, there will be a charge at the going rate. This fee will be highlighted in the Client’s invoice.
Warranties
Apart from where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, the Illustrator/Designer warrants that the artwork is original and does not infringe on any copyright and further warrants that the work has not been used elsewhere.
The Client warrants any necessary permissions have been obtained for the use of said reference material or visuals supplied and shall indemnify the Illustrator/Designer against any and all claims and expenses including reasonable legal fees arising from the Illustrator’s/Designer’s use of the materials provided by the Client.
Ownership
The Illustrator/Designer retains ownership of all artwork including roughs and other materials delivered to the Client.
No modifications, changes or alterations can be made to illustrations or designs or any part thereof, directly or indirectly, without Illustrator’s/ Designer’s prior written consent.
If original artwork is insisted upon, the Client shall return all artwork to the Illustrator/Designer no later than six months after delivery in undamaged, unaltered and unretouched condition, although the Client may make transparencies to exploit the rights granted with the artwork.
If any loss or damage occurs whilst the artwork is in the Client’s custody, which also refers to the time in between delivery of the artwork from the Client to the safe hands of the Illustrator/ Designer, they shall pay compensation to the Illustrator/Designer for loss/damage of the artwork at the rate to be agreed, or in default of agreement, decided by the Ethics Committee of the Association of Illustrators.
The Client shall not be liable for any consequential loss or damage arising from loss or damage to the artwork.
Credit
The Client agrees to include a credit to the Illustrator/Designer in connection with the artwork in any editorial use. Credits for non-editorial use are not required unless stated otherwise by the Illustrator/Designer previously.
Illustrator’s/Designer’s Copies
Unless otherwise agreed the Illustrator/Designer shall be entitled to receive at least three proofs or printed copies of the work.
Application of Contractual Terms
Terms become effective upon the signing of the agreement/contract.
Law
Except by agreement in writing, these terms and conditions may not be varied. They are governed by the laws of England and Wales.