Private Commissions - Terms & Conditions

PLEASE NOTE. These T&Cs should be used as a guide only. In some cases Terms and conditions specific to your project may be emailed to you upon acceptance of a quote, when you confirm you would like to progress with your commission. 

Introduction
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.

Interpretation
In these  terms and conditions , “Illustrator” means Catherine Rowe (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

Copyright

The Artist shall retain ownership of the copyright of the Artwork and any preliminary sketches, drafts, and alterations including images shared electronically. Retention of copyright includes all reproductions rights, licensing rights, and the right to claim statutory copyright. The Artwork (or parts thereof) may not be reproduced by the Client without prior written approval of the Artist.
Reproduction
The Artist retains the right to license reproductions of the Artwork for UK or Worldwide use unless otherwise agreed. In connection therewith no reference will be made to the Client’s name without permission or personal information shared unless by mutual agreement.

Payment
7. The Client shall pay all invoices within 30 days of their receipt. Interest at a rate of 8% per month plus the Bank Of England base rate is payable on any balance unpaid after 30 days of the date of invoice. This will also incur a collection fee of £40. This is in accordance with the law as detailed here: https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt

Cancellation
8. If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:
(i) 25% of the agreed fee if the commission is cancelled before delivery of roughs;
(ii) 33% of the agreed fee if the commission is cancelled at the rough stage:
(iii) 100% of the agreed fee if the commission is cancelled on the delivery of artwork;
(iv) pro rata if the commission is cancelled at an intermediate stage.
9. In the event of cancellation, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based on the Client’s visual or otherwise agreed.

Delivery
10. The Illustrator shall use her/his 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 falling to meet the agreed date.
11. The illustrator shall not be liable for any consequential loss or damages arising from late delivery of the artwork.
12. 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 21 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.

Approval/Rejection
13. Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows:
(i) 25% of the agreed fee if the artwork is rejected at the rough stage.
(ii) 50% of the agreed fee if the artwork is rejected on delivery.
14. In the event of rejection, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based on the Client’s visual or otherwise agreed.

Changes
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.

Warranties
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.
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.

Credits/Moral Rights
20. The Client shall ensure the Illustrator is credited in any editorial use of the artwork. Credits for non-editorial use are not required unless so indicated on the front of the form.
21. The Illustrator hereby waives the right to injunctive relief for breaches of the right of integrity and the right of paternity.

Notices
23. All notices shall be sent to the Illustrator and to the Client at the address stated in this Agreement. Each party shall give written notification of any change of address to the other party prior to the date of such change.

Governing Law
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.