Copyright: The Designer holds the common-law copyright to all works commissioned by the Client that are created by the Designer. This includes all reproduction rights and the right to claim statutory copyright. No work may be reproduced by the Client without the prior written consent of the Designer.
Payment Details: Payment is only accepted through Bank Transfer or PayPal. Please be aware that a nonrefundable deposit of 50% of the agreed selling price is required before the Designer will start the project. The remaining amount is due upon completion and approval of the work, before the delivery of the artwork.
Timeframe: The Designer and the Client will work together to come to an agreement on a suitable timeframe.
Right of Refusal: It is the intention of this agreement that the Designer create artwork(s) for the Client that the Client will purchase. However, if after the work is completed, the Client does not wish to purchase any or all of the work, the Client may refuse, on an individualised basis, each created design. In that case, the Designer will retain the refused design and the nonrefundable deposit, free of any claims or interests of the Client and the Client will owe no additional fees to the Designer. A refusal will not affect the purchase price of other created artworks in this project.
Terms & Conditions:
Orders or agreements between a designer or designer’s representative and buyer should be in writing and shall include the specific rights which are being transferred, the specific fee arrangement agreed to by the parties, delivery date and a summarised description of the work.
All changes or additions not due to the fault of the designer or designer’s representative should be billed to the buyer as an additional and separate charge.
There should be no charges to the buyer for revisions or retakes made necessary by errors on the part of the designer or the designer’s representative.
Completed work shall be promptly paid for in full and the artwork shall be delivered promptly to the Client. Payment due to the designer shall not be contingent upon third-party approval or payment.
Alterations shall not be made without consulting the designer. Where alterations or retakes are necessary, the designer shall be given the opportunity of making such changes.
The designer shall notify the buyer of any anticipated delay in delivery. Should the designer fail to keep the contract through unreasonable delay or non-conformance with agreed specifications, it should be considered a breach of contract by the designer. Should the agreed timetable be delayed due to the buyer’s failure, the designer should endeavour to adhere as closely as possible to the original schedule as other commitments permit.
Whenever practical, the buyer of artwork shall provide the designer with samples of the reproduced artwork for self-promotion purposes.
There shall be no undisclosed rebates, discounts, gifts, or bonuses requested by or given to buyers by the designer or representative.
Artwork and copyright ownership are vested in the hands of the designer unless agreed to in writing. No works shall be duplicated, archived or scanned without the designer’s prior authorization.
Original artwork, and any material object used to store a computer file containing original artwork, remains the property of the designer unless it is specifically purchased. It is distinct from the purchase of any reproduction rights.* All transactions shall be in writing.
In the case of copyright transfers, only specified rights are transferred. All unspecified rights remain vested with the designer. All transactions shall be in writing.
Commissioned artwork is not to be considered as “work for hire” unless agreed to in writing before work begins.
When the price of work is based on limited use and later such work is used more extensively, the designer shall receive additional payment.
All published illustrations and photographs should be accompanied by a line crediting the designer by name unless otherwise agreed to in writing.
The right of a designer to sign work and to have the signature appear in all reproductions should remain intact.
If a designer is specifically requested to produce any artwork during unreasonable working hours, fair additional remuneration shall be paid.