Terms and conditions
Acceptance of a quote from George Coghill implies that
you have read, understood and 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 George Coghill.
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 George Coghill
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, George Coghill
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 George Coghill and Client.
5. The license hereby granted to use the artwork is contingent
upon George Coghill 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 George Coghill'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 George Coghill
unless the artwork is based on the Client's visual or otherwise
agreed.
Delivery
10. George Coghill 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 George Coghill falling to meet the agreed date.
11. George Coghill 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 George Coghill 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 George Coghill
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, George Coghill may
require additional consideration for such work. George
Coghill 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, George Coghill 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 George Coghill 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. George Coghill shall retain ownership of all artwork
(including roughs and other materials) delivered to the
Client.
19. George Coghill original artwork shall not be intentionally
destroyed, damaged, altered, retouched, modified or changed
in any way whatsoever without the written consent of George
Coghill.
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, George Coghill shall be entitled
to receive not less than four proofs or printed copies
of the work.
22. George Coghill 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. |
