Terms and Conditions
Acceptance of a quote from Earthtent Management Services, Ltd. implies that you have read, understood agreed to the following terms and conditions.
Ownership of Copyright/Copyright license
1. The copyright in artwork commissioned by the Client shall be retained by Earthtent Management Services, Ltd..
2. The Client or the Client's customer (where the Client is acting as an intermediary) is granted a license to reproduce the artwork solely for the purposes set out on the face of the acceptance of commission. If the acceptance of commission is silent, the Client or the Client's customer is granted an exclusive license for one time use in the United States only.
3. During the currency of the license Earthtent Management Services, Ltd. 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, Earthtent Management Services, Ltd. will nominally grant the Client or the Client's customer a license for use for other purposes subject to payment of a further fee in line with current licensing rates to be mutually agreed between Earthtent Management Services, Ltd. and Client.
5. The license hereby granted to use the artwork is contingent upon Earthtent Management Services, Ltd. having received payment in full of all monies due and no reproduction or publication rights are granted unless and until all sums due under this Agreement have been paid.
6. The license 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 Earthtent Management Services, Ltd.'s consent.
Payment
7. The Client shall pay all invoices within 30 days of their receipt. Interest at a rate of 15% per month is payable on any balance unpaid after 30 days of the date of invoice.
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) 50% 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 Earthtent Management Services, Ltd. unless the artwork is based on the Client's visual or otherwise agreed.
Delivery
10. Earthtent Management Services, Ltd. shall use their 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 Earthtent Management Services, Ltd. falling to meet the agreed date.
11. Earthtent Management Services, Ltd. 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 Earthtent Management Services, Ltd. 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 Earthtent Management Services, Ltd. 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, Earthtent Management Services, Ltd. may require additional consideration for such work. Earthtent Management Services, Ltd. 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, Earthtent Management Services, Ltd. 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.
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 Earthtent Management Services, Ltd. 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. Earthtent Management Services, Ltd. shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
19. Earthtent Management Services, Ltd. original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of Earthtent Management Services, Ltd..
20. THE CLIENT SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LOSS OR DAMAGE TO THE ARTWORK.
Samples
21. Unless otherwise agreed, Earthtent Management Services, Ltd. shall be entitled to receive not less than four proofs or printed copies of the work.
22. Earthtent Management Services, Ltd. reserves the right to utilize all client artwork as portfolio samples and/or self-promotional items both in print and displayed on his website and/or weblog.
