The following words shall have the following meanings:
A person can be an individual or a company.
Singular terms include plural meanings and vice versa.
The Artist agrees to deliver the artwork as per this contract.
The Agency is the Artist's representative and is authorized to enter into this contract on their behalf.
The contract is between the Artist and the Client. All communications about the artwork should go through the Agency. The Agency is not liable for the Artist's actions unless stated otherwise.
The Artist will try to meet the delivery dates in the Client Order Confirmation, but these dates are just estimates and not guaranteed.
The Client will: (a) cooperate with the Artist and the Agency; (b) approve drafts and provide reference materials; (c) keep the artwork in good condition and not use it outside the agreed terms; and (d) pay the fee.
The person signing for the Client confirms they have the authority to enter into this contract and will ensure fees are paid.
The Client is responsible for covering reasonable costs incurred by the Artist or Agency due to the Client's negligence or failure to meet their obligations.
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These terms apply to this contract and precede any prior agreements or orders.
The Artist only accepts orders through a Client Order Confirmation or a signed purchase order. A contract is formed when the Artist starts producing the artwork based on permission received.
Estimates from the Agency are not binding until a contract is formed as stated above.
Delivery dates are estimates, and timely delivery is not guaranteed. If no dates are set, delivery will occur in a reasonable time frame, provided the Client meets their obligations. Digital delivery is considered complete upon sending high or low-resolution files.
The Artist may refuse amendment requests made after three working days post-delivery, and any requests made after seven days will be assumed accepted.
Payments should be made to the Agency, whose receipt serves as proof of payment.
The Client agrees to pay the fees stated in the Client Order Confirmation, purchase order, or as confirmed via email or phone before the Artist begins work.
Any requests for extra use of the artwork must follow the process outlined in condition 10.
The artwork can be delivered in paper or digital format; additional copies will incur extra charges.
All amounts owed under this contract are due immediately upon termination.
The Client cannot offset payments from the Artist against any amounts owed to other artists.
The Agency may offset any Client liabilities against amounts owed to the Artist.
The Artist grants the Client the Licensed Rights while retaining ownership of all other intellectual property rights in the artwork.
The Artist reserves moral rights related to the artwork.
The Licensed Rights allow the Client to print copies and download parts of the artwork for their intended use.
The Client must not modify the artwork or use it in ways not outlined in the Licensed Rights.
Any damage or alteration to the artwork in the Client's possession will be charged at a fee not less than the original fee.
Licensed Rights are granted exclusively within the specified territory and only after full payment. Permissions for prior use without payment will be revoked if payment is not received on time.
Providing any electronic images in separated form does not grant the Client usage rights for those separated materials.
If the contract ends, the Licensed Rights will also terminate.
The Client cannot share the artwork with third parties without written consent from the Artist.
The Client ensures that all reference materials provided do not infringe on third-party intellectual property rights.
The Client agrees not to instruct others to create similar artwork unless agreed otherwise.
This section outlines the total financial liability of the Artist and the Agency to the Client regarding any contract breaches.
All implied warranties and terms are excluded from this contract, to the maximum extent allowed by law.
The Artist and Agency are not liable for death or injury due to negligence, fraud, or fraudulent misrepresentation.
The Artist and Agency are not liable for indirect losses like lost profits, business, or data. Their total liability will be limited to the fee paid for the artwork.
The Client can terminate the contract at any time.
Either party may terminate the contract immediately if the other party stops business or breaches significant terms without remedying within seven days of notice.
If terminated before acceptance of the artwork, the Client owes the following percentages of the fee: (a) 25% before rough delivery; (b) 33% after rough delivery; (c) 50% after color visual delivery; (d) 75% after revised illustration rough delivery; (e) 100% upon delivery of finished artwork; (f) Pro rata if at an intermediate stage. (b) The Artist can claim losses if they have turned down other commissions due to the contract. Claims will not exceed 100% of the fee.
The Client owes 100% of the fee if: (a) the artwork is used as stated in the job description; or (b) the Artist has followed the job description and the work aligns with their portfolio. The Client cannot reject based solely on style or composition.
The Client must return all original artwork and samples within six months of delivery or immediately upon contract termination.
No changes to the contract or these terms will be valid unless made in writing and signed by both the Client and Agency. Changes may incur additional fees, and the Artist can charge for any variations in the artwork.
This contract represents the complete agreement between the parties, replacing any previous agreements regarding the same subject.
The Client cannot assign or transfer their rights or obligations under the contract without the Agency's prior written consent.
The turnaround time for your order depends on:
1. The illustration style and details.
2. The number of requests in the queue.
3. The complexity of the project.
You will receive the first concept within four working days after placing your order. Revisions may take 2-4 business days.
Revisions are treated as new requests and may affect the overall project timeline.
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