Terms & Conditions
Ownership of Copyright/Copyright Licence
1. The copyright in artwork commissioned by the Client shall be
retained by the Illustrator.
2. The Client or the Client’s customer (where the Client is acting as
an intermediary) is granted a licence to reproduce the artwork solely
for the purposes set out on the face of this estimate. If the estimate is silent,
the Client or the Client’s customer is granted an exclusive licence for one
time use in Australia only.
3. During the currency of the licence the Illustrator 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, the Illustrator will
nominally grant the Client or the Client’s customer a licence for use
for other purposes subject to payment of a further fee in line with
current licensing rates to be mutually agreed between the Illustrator
and Client.
5. The licence hereby granted to use the artwork is contingent upon
the Illustrator having received payment in full of all monies due to
her/him and no reproduction or publication rights are granted unless
and until all sums due under this Agreement have been paid.
6. The licence 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 the Illustrator’s consent.
Payment/ Advances/ Expenses
7. Any advances or partial payments shall be indicated on the face of this
estimate.
8.The Client shall pay all invoices within 30 days of their receipt. Interest at
a rate of 8% per month is payable on any balance unpaid after 30 days of the
date of invoice. This will also incur a collection fee of A$80.
9. The Client shall reimburse the Illustrator for all expenses arising from the
assignment. All the expenses shall be indicated on the face of this estimate.
Cancellation
10. 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) 33% 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.
11. In the event of cancellation, ownership of all rights granted under
this Agreement shall revert to the Illustrator unless the artwork is
based on the Client’s visual or otherwise agreed.
Delivery
12. The Illustrator shall use her/his 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 the Illustrator falling to meet the agreed date.
13. THE ILLUSTRATOR SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE
DELIVERY OF THE ARTWORK.
14. 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 the Illustrator within 21 days of delivery of artwork
it shall be conclusively presumed that the artwork is acceptable.
Approval/Rejection
15. 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.
16. In the event of rejection, ownership of all rights granted under
this Agreement shall revert to the Illustrator unless the artwork is
based on the Client’s visual or otherwise agreed.
Revisions/Changes
17. Preliminary work/sketches: Illustrator agrees to submit 1-2 rough
sketches and/or 1-2 finished sketches for Client’s approval. Additional
fees will be charged to Client for revisions made after such sketches.
18. After acceptance of artwork, if changes are required, a payment
shall be charged over the agreed fee.
19. Alteration to artwork shall not be made without consulting the
initial Illustrator, and the Illustrator shall be allowed the first option to
make alterations when possible.
20. If the Client changes the brief and requires subsequent changes,
additions or variations, the Illustrator may require additional
consideration and an additional fee for such work. The Illustrator may
refuse to carry out changes, additions or variations which substantially
change the nature of the commission.
Warranties
21. Except where artwork is based on reference material or visuals
supplied by the Client or where otherwise agreed, the Illustrator
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.
22. 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 the Illustrator
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
23. The Illustrator shall retain ownership of all artwork (including
roughs and other materials) delivered to the Client.
24. The Illustrator’s original artwork shall not be intentionally
destroyed, damaged, altered, retouched, modified or changed in any
way whatsoever without the written consent of the Illustrator.
Credits/Moral Rights
25. The Client shall ensure the Illustrator is credited in any editorial
use of the artwork. Credits for non-editorial use are not required
unless so indicated on the front of the form.
26. The Illustrator hereby waives the right to injunctive relief for
breaches of the right of integrity and the right of paternity.
Samples
27. Unless otherwise agreed, the Illustrator shall be entitled to
receive not less than four proofs or printed copies of the work.
Notices
28. All notices shall be sent to the Illustrator and to the Client at the
address stated in this Agreement. Each party shall give written
notification of any change of address to the other party prior to the
date of such change.
Governing Law
29. These terms and conditions are governed by the law of Australia
and may not be varied except by agreement in writing. The parties
hereto submit to the non-exclusive jurisdiction of the Australian
Courts.
30. The Client shall pay all arbitration and court costs, reasonable legal
fees, and legal interest on any award of judgement in favour of the
Illustrator.
Ownership of Copyright/Copyright Licence
1. The copyright in artwork commissioned by the Client shall be
retained by the Illustrator.
2. The Client or the Client’s customer (where the Client is acting as
an intermediary) is granted a licence to reproduce the artwork solely
for the purposes set out on the face of this estimate. If the estimate is silent,
the Client or the Client’s customer is granted an exclusive licence for one
time use in Australia only.
3. During the currency of the licence the Illustrator 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, the Illustrator will
nominally grant the Client or the Client’s customer a licence for use
for other purposes subject to payment of a further fee in line with
current licensing rates to be mutually agreed between the Illustrator
and Client.
5. The licence hereby granted to use the artwork is contingent upon
the Illustrator having received payment in full of all monies due to
her/him and no reproduction or publication rights are granted unless
and until all sums due under this Agreement have been paid.
6. The licence 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 the Illustrator’s consent.
Payment/ Advances/ Expenses
7. Any advances or partial payments shall be indicated on the face of this
estimate.
8.The Client shall pay all invoices within 30 days of their receipt. Interest at
a rate of 8% per month is payable on any balance unpaid after 30 days of the
date of invoice. This will also incur a collection fee of A$80.
9. The Client shall reimburse the Illustrator for all expenses arising from the
assignment. All the expenses shall be indicated on the face of this estimate.
Cancellation
10. 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) 33% 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.
11. In the event of cancellation, ownership of all rights granted under
this Agreement shall revert to the Illustrator unless the artwork is
based on the Client’s visual or otherwise agreed.
Delivery
12. The Illustrator shall use her/his 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 the Illustrator falling to meet the agreed date.
13. THE ILLUSTRATOR SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE
DELIVERY OF THE ARTWORK.
14. 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 the Illustrator within 21 days of delivery of artwork
it shall be conclusively presumed that the artwork is acceptable.
Approval/Rejection
15. 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.
16. In the event of rejection, ownership of all rights granted under
this Agreement shall revert to the Illustrator unless the artwork is
based on the Client’s visual or otherwise agreed.
Revisions/Changes
17. Preliminary work/sketches: Illustrator agrees to submit 1-2 rough
sketches and/or 1-2 finished sketches for Client’s approval. Additional
fees will be charged to Client for revisions made after such sketches.
18. After acceptance of artwork, if changes are required, a payment
shall be charged over the agreed fee.
19. Alteration to artwork shall not be made without consulting the
initial Illustrator, and the Illustrator shall be allowed the first option to
make alterations when possible.
20. If the Client changes the brief and requires subsequent changes,
additions or variations, the Illustrator may require additional
consideration and an additional fee for such work. The Illustrator may
refuse to carry out changes, additions or variations which substantially
change the nature of the commission.
Warranties
21. Except where artwork is based on reference material or visuals
supplied by the Client or where otherwise agreed, the Illustrator
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.
22. 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 the Illustrator
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
23. The Illustrator shall retain ownership of all artwork (including
roughs and other materials) delivered to the Client.
24. The Illustrator’s original artwork shall not be intentionally
destroyed, damaged, altered, retouched, modified or changed in any
way whatsoever without the written consent of the Illustrator.
Credits/Moral Rights
25. The Client shall ensure the Illustrator is credited in any editorial
use of the artwork. Credits for non-editorial use are not required
unless so indicated on the front of the form.
26. The Illustrator hereby waives the right to injunctive relief for
breaches of the right of integrity and the right of paternity.
Samples
27. Unless otherwise agreed, the Illustrator shall be entitled to
receive not less than four proofs or printed copies of the work.
Notices
28. All notices shall be sent to the Illustrator and to the Client at the
address stated in this Agreement. Each party shall give written
notification of any change of address to the other party prior to the
date of such change.
Governing Law
29. These terms and conditions are governed by the law of Australia
and may not be varied except by agreement in writing. The parties
hereto submit to the non-exclusive jurisdiction of the Australian
Courts.
30. The Client shall pay all arbitration and court costs, reasonable legal
fees, and legal interest on any award of judgement in favour of the
Illustrator.
