Private Commissions - Terms & Conditions
Updated 20th May 2018
PLEASE NOTE. These T&Cs should be used as a guide only. Terms and conditions specific to your project will be emailed to you upon acceptance of a quote, when you confirm you would like to progress with your commission.
Please read these terms and conditions carefully.
By paying the initial deposit of 50% (of the Illustrator’s design fee), you (the Client) accept these terms and conditions in full. If you (the Client) disagree with these terms and conditions or any part of these terms and conditions, you must notify the Illustrator before paying your deposit.
In these terms and conditions , “Illustrator” means Hannah Weeks (and “she” and “her” will be construed accordingly); and “Client” means my customer or potential customer for a service/s provided.
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 use the artwork solely for the requested purpose/s as outlined in the Illustrator's quote for the project.
3. 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 reputation.
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. The licence hereby granted to use the artwork is contingent upon the Illustrator having received payment in full of all monies due to her and no reproduction or publication rights are granted unless and until all sums due have been paid.
6. The use of the Illustrator's artwork 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 to third parties without the Illustrator's consent.
7. The Client shall pay a non-refundable 50% deposit (of the Illustrator’s design fee) within 10 days of receipt of the invoice.
8. The Client shall pay all invoices within 28 days of their receipt (unless stated differently on the invoice). Interest at a rate of 2% per month is payable on any balance unpaid after 28 days of the date of invoice.
9. If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:
(i) 100% of the agreed remaining balance (after initial non-refundable 50% deposit) if the commission is cancelled on the delivery of artwork;
(ii) pro rata if the commission is cancelled at an intermediate stage.
10. In the event of cancellation, all rights shall revert to the Illustrator.
11. The Illustrator shall use her best endeavours to deliver the artwork to the Client by the agreed date and shall notify the Client of any anticipated delay at the first opportunity in which case the Client may (unless the delay is the fault of the Client) make time of the essence and cancel the commission without payment in the event of the Illustrator failing to meet the agreed date.
12. The Illustrator shall not be liable for any consequential loss or damages arising from the late delivery of the artwork.
13. The Client shall make an immediate objection upon delivery if the artwork is not in accordance with the brief. If such objection is not received by the Illustrator within 7 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.
14. In the event of rejection, all rights shall revert to the Illustrator
15. If the Client changes the brief and requires subsequent changes, additions or variations, the Illustrator may require additional consideration for such work. The Illustrator may refuse to carry out changes, additions or variations which substantially change the nature of the commission.
16. 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 has not used the artwork elsewhere.
17. 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 and shall indemnify the Illustrator against any and all claims and expenses including reasonable legal fees arising from the Illustrator's use of any materials provided by the Client or its customer.
Ownership of Artwork
18. The Illustrator shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
19. 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.
20. The Client shall not be liable for any consequential loss or damages arising from loss or damage to the artwork.
21. The Client shall not use the artwork for any editorial use without the Illustrator's consent. If explicit permission to use the artwork for any editorial use is granted by the Illustrator, the Client must ensure the Illustrator is credited in any editorial use of the artwork. Credits for non-editorial use are not required unless indicated before work on the commission begins.
22. In the instance of Wedding Stationery and Portrait commissions, the Illustrator will arrange for printing of their own copies of the artwork.
23. All legal notices shall be sent to the Illustrator at the address on the Illustrator's invoice/s. All legal notices shall be sent to the Client at the address they supply the Illustrator with. Each party shall give written notification of any change of address to the other party prior to the date of such change.
24. 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.