Terms & Conditions
OWNERSHIP OF COPYRIGHT /COPYRIGHT LICENCE
1 The copyright in artwork commissioned by the Client shall
be retained by the Illustrator.
2 The Client or the Client's customer (where the Client is
acting as an intermediary) is granted a licence to reproduce
the artwork solely for the purposes set out on the face of this
acceptance of commission. If the acceptance of commission
is silent, the Client or the Client's customer is granted an
exclusive licence for one time use in the United Kingdom only.
3 During the currency of the licence the Illustrator 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 the business of the Client or the Client's
customer.
4 Where use of the artwork is restricted, the Illustrator will
nominally grant the Client or the Client's customer a licence for
use for other purposes subject to payment of a further fee in
line with current licensing rates to be mutually agreed between
the Illustrator and Client.
5 Any commercial use of artwork whereby the
client can/will profit from the illustrators artwork must be charged a
commercial licence fee subjective to each client.
6 The licence hereby granted to use the artwork is contingent
upon the Illustrator having received payment in full of all
monies due to her/him and no reproduction or publication rights
are granted unless and until all sums due under this Agreement
have been paid.
7 The licence hereby granted is personal to the Client or the
Client's customer (where the Client is acting as an
intermediary) and the rights may not be assigned or
sub-licensed to third parties without the Illustrator's consent.
PAYMENT
8 The Client must pay the commission fee in full when placing their order.
The payments are nonrefundable once the Illustrator has begun the
commissioned illustration/s. All payments are made via paypal.
CHANGES
9 If the Client changes the brief and requires subsequent
changes, additions or variations, the Illustrator may require
additional consideration fees for such work. The Illustrator may refuse
to carry out changes, additions or variations which substantially
change the nature of the commission.
DELIVERY
10 The Illustrator shall use her/his best endeavours to deliver the
artwork to the Client within the time scale set by the illustrator at the
time of placing an order. If the client has ordered a digital copy of their
illustration, the illustrator will email the digital copy/s to the email
address the client used to pay via paypal.
11 If the client has ordered the deluxe illustration package, they will
receive the digital copy/s via email and the giclee art prints via their
postal address once the prints are produced and dispatched via 1st class
Royal Mail signed for service.
11 THE ILLUSTRATOR SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE
DELIVERY OF THE ARTWORK.
WARRANTIES
13 Except where artwork is based on reference material or visuals
supplied by the Client or where otherwise agreed, the Illustrator
warrants that the artwork is original and does not infringe any
existing copyright and further warrants that she/he has not used
the artwork elsewhere.
14 The Client warrants that any necessary permissions have been
obtained for the agreed use of reference material or visuals
supplied by the Client or its customer.
OWNERSHIP OF ARTWORK
15 The Illustrator shall retain ownership of all artwork (including
roughs and other materials) delivered to the Client.
16 The Illustrator's original artwork shall not be intentionally
destroyed, damaged, altered, retouched, modified or
changed in any way whatsoever without the written consent of
the Illustrator.
17 Client’s custody (which shall mean anytime between delivery
of artwork to the Client the
Client shall pay compensation to the Illustrator for the
loss/damage of the artwork at a rate to be agreed or, in default
of agreement, decided by the Ethics Committee of the
Association of Illustrators.
CREDITS/MORAL RIGHTS
18 The Client shall ensure the Illustrator is credited in any editorial
use of the artwork. Credits for non-editorial use are not required
but are appreciated by the illustrator on social sites. Please tag
@sj_illustrations on instagram and @illustrationsj on twitter.
19 The Illustrator hereby waives the right to injunctive relief for
breaches of the right of integrity and the right of paternity.
20 The artist has the right to use the work for self promotion.
GOVERNING LAW
21 These terms and conditions are governed by the law of England
and Wales and may not be varied except by agreement in
writing. The parties hereto submit to the non-exclusive
jurisdiction of the English Courts