Terms & Conditions
Copyright & Licensing
Gary Nightingale Business Illustration retains Copyright for all artwork except in explicit Transfer of Rights to the Client, which is negotiable on an individual basis and depends upon a range of factors - planned use, reach, sales forecasts etc. Transfer of Rights does not imply ownership of Original Artwork, the sale of which is negotiated separately, with the exception of Event Illustration, which transfers ownership of Original Artwork to the Client for artwork produced on the day.
Licensing is agreed on either a Limited or Unlimited basis, as follows:
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Limited Licence
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Finished artwork is delivered for specific use, discussed and agreed before work takes place
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Further limited and reasonable use is acceptable but extensive re-use of the artwork requires an Unlimited Licence
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Gary Nightingale Business Illustration may re-license and/or re-use the work, in whole or in part, for another Client when the existing Licence has expired
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The Licence is for the Client's own exclusive use and is not to be sub-licensed to a third party
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Gary Nightingale Business Illustration retains the right to use the artwork in promotion and in attracting new business, but will only do so when such use does not affect the Client's own use of the artwork.
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Unlimited Licence
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Finished artwork is delivered for unrestricted use on a perennial basis
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The Licence is for the Client's own exclusive use and is not to be sub-licensed to a third party
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Gary Nightingale Business Illustration will not re-license and/or re-use the artwork, in whole or in part, for another Client
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Gary Nightingale Business Illustration retains the right to use the artwork in promotion and in attracting new business, but will only do so when such use does not affect the Client's own use of the artwork.
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Transfer of Rights
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Gary Nightingale Business Illustration transfers all copyright to the Client
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The Illustrator waives the right to use the artwork in promotion or in attracting new business, unless explicit permission is granted by the Client
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Gary Nightingale Business Illustration waives the right to re-license and/or re-use the artwork, in whole or in part
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Gary Nightingale Business Illustration waives the right to have any say in how the artwork is used
The Client is responsible for ensuring that any material - branding, imagery, trademarks, logos etc - provided as reference, or to be incorporated into the final artwork, does not infringe copyright and/or is properly licensed for such use.
Reproduction Rights
Reproduction rights for both Limited and Unlimited Licences are conditional upon receipt of full payment. Any changes in Licence Agreement must be agreed by both parties and are subject to an additional charge, which is due prior to reproduction of the artwork.
Delivery
Gary Nightingale Business Illustration will keep to all agreed deadlines if the Client keeps to their deadlines. Any delays to agreed milestones caused by the Client may result in a delay to the final deadline, for which the Illustrator will not be held responsible.
Artwork is delivered according to agreements made beforehand. Gary Nightingale Business Illustration warrants that all supplied digital file types and sizes will be appropriate for the channels on which they are to be used.
Payment
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For Single and Multiple Frame Illustration and Re-Purposing, the Client is invoiced upon completion of work and payment is due within 14 days
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For Monthly Subscriptions, the Client is invoiced in advanced and payment is due by monthly Direct Debit within 14 days
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For Book Illustration, payment terms are negotiated on an individual basis
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For Event Illustration, a 20% deposit is required at the time of booking, non-refundable from 30 days prior to the event
Estimates
Estimates are provided based on Gary Nightingale Business Illustration's pricing structure, on negotiation with the Client and on the Client's given requirements.
The final invoice may be higher if additional work is needed or if there is any change in the Client's requirements or circumstances of the artwork's intended use. Any such changes will only be made when discussed and agreed in advance with the Client.
Tax
The Client is responsible for payment of Sales Tax, if any such tax is due.
Cancellation
In the event of cancellation or breach of contract by the Client, Gary Nightingale Business Illustration retains all copyright of work produced so far, including all roughs and preliminary materials.
For cancellations, the following costs apply:
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25% of full cost if cancelled before delivery of first roughs
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50% of full cost if cancelled after delivery of first roughs
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75% of full cost if cancelled before delivery of final artwork
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100% of full cost if cancelled after delivery of final artwork
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For Monthly Subscriptions, which are a minimum of 3 months commitment, cancellations within the first 3 months will incur a fee for the remaining balance, based on the price of the package subscribed to.
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For Monthly Subscriptions cancelled after the first 3 months, the balance for the month in which the cancellation is made will be due in full
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For cancelled Event Illustration up to 30 days prior to the event, there is no cost and the 20% deposit will be refunded
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For cancelled Event Illustration within 30 days of the event, the 20% deposit is non-refundable
Revisions
Where the number of revisions is restricted in the Starter and Advanced packages, subsequent further revisions that may be required are subject to an additional charge, or the Client can upgrade to the Premium package.
Artwork Credit
For all Limited and Unlimited Licensed artwork, Gary Nightingale Business Illustration retains the right to be credited where the work is used.
Unauthorised Use
The Client indemnifies Gary Nightingale Business Illustration against all claims and expenses, including reasonable legal fees, arising from uses for which no agreement was made, or for uses exceeding the Licence.
The Client warrants that the artwork will not be used in any way that impacts negatively on other people, or which brings the reputation of Gary Nightingale Business Illustration into disrepute.
Confidentiality
Gary Nightingale Business Illustration warrants to treat all correspondence with the Client confidentially and in compliance with GDPR, using information defined only as for Legitimate Interests. Data given to the Illustrator by the Client will only be further shared with third parties if necessary for the completion of work and only with the Client's explicit prior consent.
Please see the accompanying for a full explanation.
Warranty of Originality
Gary Nightingale Business Illustration warrants that, to the best of his knowledge, and except where properly authorised third party material has been incorporated in the artwork, the work assigned hereunder is original and has not been 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 Gary Nightingale Business Illustration has full authority to make this agreement; and that the work prepared by Gary Nightingale Business Illustration does not contain any scandalous, libelous or unlawful material.
This warranty does not extend to any uses that the Client or others may make of Gary Nightingale Business Illustration's product that may infringe on the rights of others. The Client expressly agrees that it will hold Gary Nightingale Business Illustration harmless for all liability caused by the Client's use of Gary Nightingale Business Illustration's product to the extent such use infringes on the rights of others.
Limitation of Liability
The Client agrees that it shall not hold Gary Nightingale Business Illustration or their agents or employees liable for any incidental or consequential damages that arise from Gary Nightingale Business Illustration's failure to perform any aspect of the project in a timely manner, where such negligent acts or omissions are beyond the control of Gary Nightingale Business Illustration, his agents or employees.
Governing Law
These Terms and Conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the non-exclusive jurisdiction of the English Courts.
Acceptance of Terms and Conditions
By commissioning work from Gary Nightingale Business Illustration, the Client accepts these general Terms and Conditions as binding.