The following are my official terms and conditions that clients must agree upon before I start work on a project. I am very happy to go over any of the points below and discuss things in more detail if you are unsure about anything. If you have any questions about these legal bits and bobs please don't hesitate to get in touch on 01858 435689 or 07730 267367 or email firstname.lastname@example.org
This agreement takes precedent over any conflicting agreement in any other terms and conditions referring to the same work.
1. The Artwork
Ant Creations always owns the original artwork unless specified in writing. If the client wants ownership of the original artwork a further fee shall be negotiated. Ownership of artwork does not mean ownership of copyright. Any loss or damage to the artwork while in the client's care shall be charged at the full price of the artwork.
Ant Creations always retains copyright (Copyright, Designs and Patents Act 1988). The copyright may be purchased at a further fee. Ownership of copyright does not mean ownership of artwork. If the client supplies reference material or images for Ant Creations to use it is the client’s responsibility to obtain any copyright or licence that might be needed. Ant Creations is responsible for obtaining the copyright for any material they supply. Ant Creations is allowed to use any image they have created for self-promotion.
3. Grant of Rights
The grant of reproduction rights is conditioned on receipt of full payment. A licence will be bought by the client allowing them to use an image on specific format, usage, time and location. Using an image without a licence can result in prosecution. If a further licence is required, or the licence expires and needs to be renewed this must be done before the artwork is reused. The licence cannot be passed on to a third party. Any changes in the licence must first be agreed in writing by Ant Creations.
Ant Creations will keep to all agreed deadlines if the client keeps to its deadlines. If there are any delays in briefing the work, supplying of reference material, approval of roughs the artist can not guarantee keeping to the initial deadline, and will not be held responsible for any losses incurred by missing the deadline. Ant Creations can not be held responsible for the loss of artwork by a third party.
5. Time for Payment
Payment is due within 14 days of receipt of invoice. A 2.5% monthly service charge will be billed for late payment. Any advances or partial payments shall be indicated under Payment Schedule on front.
6. Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client shall reimburse Ant Creations for all expenses arising from the assignment.
The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when the final invoice is rendered. The Client's approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 20% or more.
9. Sales Tax
The Client shall be responsible for the payment of sales tax, if any such tax is due.
In the event of cancellation or breach by the Client, Ant Creations shall retain ownership of all rights of copyright and the original artwork, including sketches and any other preliminary materials. The Client shall pay Ant Creations according to the following schedule:
25% of agreed fee if cancelled before delivery of the initial stage of designs.
33% of agreed fee if cancelled after delivery of the initial stage of designs.
50% of agreed fee if cancelled after delivery of the second stage of designs (second stage not always necessary).
75% of agreed fee if cancelled after delivery of advanced stage of designs.
100% of agreed fee if cancelled after delivery of finished artwork.
Alteration to artwork shall not be made without consulting Ant Creations. Ant Creations shall be allowed the first option to make alterations when possible. After acceptance of artwork, if alterations are required, a payment shall be charged over the original amount. Any alterations to the artwork by anyone other than Ant Creations must have permission in writing.
Revisions not due to the fault of Ant Creations shall be billed separately.
13. Credit Lines
On any contribution for magazine or book use, Nathan Shelton of Ant Creations shall receive name credit in print.
14. Unauthorised Use
The Client will indemnify Nathan Shelton of Ant Creations against all claims and expenses, including reasonable legal fees, arising from uses for which no release was requested in writing or for uses exceeding the authority granted by a release.
15. Warranty of Originality
Nathan Shelton of Ant Creations warrants and represents that, to the best of his knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Illustrator/Designer has full authority to make this agreement; and that the work prepared by the Illustrator/Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Artist's product that may infringe on the rights of others. Client expressly agrees that it will hold Nathan Shelton of Ant Creations harmless for all liability caused by the Client's use of the Illustrator's/Designer’s product to the extent such use infringes on the rights of others.
16. Limitation of Liability
The Client agrees that it shall not hold Nathan Shelton of Ant Creations or his agents or employees liable for any incidental or consequential damages that arise from the Illustrator's/Designer’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Illustrator/Designer or a third party.
17. Acceptance of Terms
By submitting an order with Ant Creations the Client accepts these general terms and conditions as binding.