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Updated Terms of Service
9 years ago
RIGHTS TRANSFERRED
Illustrator retains all rights to commissioned work unless otherwise specified. Any preliminary material remains the property of the Illustrator unless purchased by a payment of a separate fee. Any transfer of rights is conditional upon receipt of full payment.
TERMS
Time for Payment
Payment is due within twenty four (24) hours of receipt of invoice. Failure to pay may result in future blacklisting from business. The grant of any license or right of copyright is conditioned on receipt of full payment. Any advances or partial payments shall be indicated under Payment Schedule.
Partial payments may be made for any project over $400. In this event, half will be due up front, and the rest will be due before project completion.
Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Grant of Rights
The grant of reproduction rights is conditioned on receipt of payment.
Expenses
The Client shall reimburse the Illustrator for all expenses arising from the assignment. The illustrator will notify the client of any necessary expenses.
Estimates
The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client's approval shall be obtained for any increases in fees or expenses that exceed the original estimate by ten percent (10%) or more.
Sales Tax
The Client shall be responsible for the payment of sales tax, if any such tax is due.
Cancellation
In the event of cancellation or breach by the Client, the Illustrator shall retain ownership of all rights of copyright and the original artwork, including sketches and any other preliminary materials. The Client shall pay the Designer according to the following schedule: fifty percent (50%) of original fee if canceled after preliminary sketches are completed, one hundred percent (100%) if canceled after completion of finished art.
Alterations
Alteration to final artwork shall not be made without consulting the initial Illustrator, and the Illustrator 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.
Revisions
Revisions not due to the fault of the Illustrator shall be billed separately.
Loss or Damage to Artwork
The Illustrator is not liable for any loss or damage or artwork.
Unauthorized Use
The Client will indemnify the Illustrator against all claims and expenses, including reasonable attorney's fees, arising from uses for which no release was requested in writing or for uses exceeding the authority granted by a release.
Warrant of Originality
The Illustrator warrants and represents that, to the best of his/her knowledge, the work assigned here-under 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 has full authority to make this agreement; and that the work prepared by the Illustrator 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 Illustrator's product which may infringe on the rights of others. Client expressly agrees that it will hold the Illustrator harmless for all liability caused by the Client's use of the Illustrator's product to the extent such use infringes on the rights of others.
Limitation of Liability
Client agrees that it shall not hold the Illustrator or his/her agents or employees liable for any incidental or consequential damages which arise from the Illustrator'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 or a third party.
Dispute Resolution
Any disputes in excess of $1500 arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of the Illustrator.
Illustration Content
The Illustrator will refuse service of any piece involving the following subject matter:
- Depictions of underage subjects nude, or in any adult situation.
Refunds
There are no refunds at any time.
Private Commissions
Private work will not be accepted.
Illustrator retains all rights to commissioned work unless otherwise specified. Any preliminary material remains the property of the Illustrator unless purchased by a payment of a separate fee. Any transfer of rights is conditional upon receipt of full payment.
TERMS
Time for Payment
Payment is due within twenty four (24) hours of receipt of invoice. Failure to pay may result in future blacklisting from business. The grant of any license or right of copyright is conditioned on receipt of full payment. Any advances or partial payments shall be indicated under Payment Schedule.
Partial payments may be made for any project over $400. In this event, half will be due up front, and the rest will be due before project completion.
Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Grant of Rights
The grant of reproduction rights is conditioned on receipt of payment.
Expenses
The Client shall reimburse the Illustrator for all expenses arising from the assignment. The illustrator will notify the client of any necessary expenses.
Estimates
The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client's approval shall be obtained for any increases in fees or expenses that exceed the original estimate by ten percent (10%) or more.
Sales Tax
The Client shall be responsible for the payment of sales tax, if any such tax is due.
Cancellation
In the event of cancellation or breach by the Client, the Illustrator shall retain ownership of all rights of copyright and the original artwork, including sketches and any other preliminary materials. The Client shall pay the Designer according to the following schedule: fifty percent (50%) of original fee if canceled after preliminary sketches are completed, one hundred percent (100%) if canceled after completion of finished art.
Alterations
Alteration to final artwork shall not be made without consulting the initial Illustrator, and the Illustrator 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.
Revisions
Revisions not due to the fault of the Illustrator shall be billed separately.
Loss or Damage to Artwork
The Illustrator is not liable for any loss or damage or artwork.
Unauthorized Use
The Client will indemnify the Illustrator against all claims and expenses, including reasonable attorney's fees, arising from uses for which no release was requested in writing or for uses exceeding the authority granted by a release.
Warrant of Originality
The Illustrator warrants and represents that, to the best of his/her knowledge, the work assigned here-under 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 has full authority to make this agreement; and that the work prepared by the Illustrator 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 Illustrator's product which may infringe on the rights of others. Client expressly agrees that it will hold the Illustrator harmless for all liability caused by the Client's use of the Illustrator's product to the extent such use infringes on the rights of others.
Limitation of Liability
Client agrees that it shall not hold the Illustrator or his/her agents or employees liable for any incidental or consequential damages which arise from the Illustrator'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 or a third party.
Dispute Resolution
Any disputes in excess of $1500 arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of the Illustrator.
Illustration Content
The Illustrator will refuse service of any piece involving the following subject matter:
- Depictions of underage subjects nude, or in any adult situation.
Refunds
There are no refunds at any time.
Private Commissions
Private work will not be accepted.
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