All content Copyright © Sophie Blokker Standard Artistic Terms & Conditions of Engagement: 1. Licence granted to client: "Licence" includes an estimate upon which verbal confirmation is given, any order confirmation given by the artist, or any work accompanied by an invoice for service. The artist does not accept commissions to create copyright works other than to agree to Licence such parts of the works selected by the artist for presentation to the client. This overrides section 21(3) of the Copyright Act 1994 in accordance with section 21(4) of that act.
The artist always retains the right to use the artistic works in any manner at any time and in any part of the world for the purposes of: (a) Entering artistic works into artistic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and (b) Advertising or otherwise promoting the artists artistic works; and (c) Submitting the artistc works for display at art galleries or other premises; and (d) Using the Artistic Works for any other purpose within the artist's business activities.
1.1 Conditions of Licence: 1.1.1 The Licence to use the artistic works begins from the date of full payment of the invoice. 1.1.2 The Licence must not be assigned to any third party without the artist's prior written permissions, (which shall not be unreasonably refused).
1.1.3 The client shall not, without prior written permission of the artist, digitally capture or store the artistic works in any form of electronic medium.
1.1.4 Any breach of these conditions knowingly permitted by the client which results in damage to the professional reputation of the artist, entitles the artist to compensation from the client for that damaged in addition to any other remedies available to the Artist.
2. Copyright of the works: 2.1 The copyright in all artistic works resulting from the Licence, remains the property of the artist.
2.2 All copyrights that arise out of performance of the artist's obligations under this contract shall arise not by commission but shall be the creation of the artist. The artist shall remain the first owner of the artistic works and the client shall be supplied with works on the terms of this Licence. 2.3 The Client shall have the right to seek further Licences for reuse of any copyright on agreement of a reasonable fee for that use.
3. Moral Rights 3.1 Each use of any artistic works by the client must be accompanied by an adjacent credit line acknowledging the artist's name and copyright in the artistic works in a form approved in writing by the Artist. 3.2 If the client fails (for whatever reason) to provide the attribution described in clause 3.1, then in addition to all other rights under this contract or at law, the client shall be liable to pay a further non-attribution fee calculated at %200 of the total invoice fee, which the client acknowledges and agrees to be a fair and reasonable pre-estimate of the loss suffered by the Artist
4. Digital works 4.1 The client shall not copy or reproduce the works by any means or in any form without the artist's written consent. 4.2 The client's right to use the works under the Licence does not include the right to remove, alter or otherwise affect general rights information, including (without limitations) any notices or metadata accompanying or parts of the works which records creator details, copyright ownership or publication status of the works. 4.3 The client shall not alter or remove any notices attached to the works and shall take all reasonable steps to respect and preserve the artist's copyright and other rights. Any notice which automatically appears on loading a work shall not be made ineffective or non-displayable. 4.4 Where the artist has placed restrictions on access to or use of the works, the client shall make no attempt to defeat such restrictions.
5. Payment Fees are payable as outlined on the Licence or invoice of the artist, Any monies not paid in full in accordance with clause 7 may be charged with interest at a rate of 2.5% per month or part month overdue. 5.1 The Client shall reimburse the Artist for all Job-related Costs ("Job-related Costs" means any costs and expenses incurred by the Artist on the Client's behalf in providing Artistic Services as detailed on any invoice). Where the Artist makes payment to others on behalf of the Client, the Artist may add a service charge, determined at the Artists absolute discretion. Unless otherwise arranged, the Client must pay all Job-related Costs and service charges to the Artist within 7 days of receipt of the invoice. The Client is not entitled to any property in: (a) Any authored or Artistic works created by the Artist to support the artistic works, or (b)Any materials used for the creation of any authored or artistic work, as a result of plans or drawings, which are commissioned by the Artist, or (c) Any acquisition of goods for use in supporting the artistic works. Such goods, materials, authored or artistic works shall remain the property of the Artist, unless otherwise agreed between the Artist and the Client.
6. Changes to the estimate Statements of fees and Job related costs are estimates and not firm quotations and are liable to alteration. The Artist must bring any increase to the estimate, of 10% or more, to the attentions of the Client. Any changes to the job specification made by the client may change the estimate of the fees and job related costs.
7. Cancelation 7.1 When a Work is confirmed as definite, the Client become liable for payment to the artist and the artist becomes liable to complete the artwork. 7.2 Effective termination of this Agreement by the Client must be in writing and give reasonable notice to the artist. Upon Receipt of such notice from the Client, the artist must take immediate steps to bring the artistic services to a close and to reduce expenditure to a minimum 7.3 Where the clients cancels the Work: (a) Any deposit made towards an artwork(s) is non-refundable, except at the sole discretion of the artist. (b) Within 2 working days of the confirmation of work, the Client must pay a fee of 50% of the Artists standard fee. (c) Giving notice of cancellation outside of 2 working days of the confirmation of work, the Client must pay a fee of 100% of the Artists standard fee. (d)The Client must compensate the Artist for all costs and expenses incurred. The Client acknowledges and agrees that these cancellation fees fairly reflect the loss suffered by the Artist and the Artists ability to re-schedule work and re-allocate resources.
8. Work Suspended on client's instructions 8.1 Where the Client instructs that work is to be suspended for a period of 30 days or more, the Client must, at the time of suspension, pay the Artist for all work in progress at that time.
9. Indemnity for breaches of intellectual property 9.1 The Client shall fully indemnify the Artist against any claims, costs, or expenses (including legal costs on a solicitor / client basis) arising out of any illegal or defamatory Artist Works produced for the Client, or any infringement or alleged infringement of any intellectual property right of any person. 9.2 The Client is responsible for obtaining any authorisation, clearance, Licence or other form of approval necessary for the lawful use of third party intellectual property works.
10. Consumer Guarantees Act 1993 application The Client acknowledges that where the Artistic Works or Artistic Services ("Artistic Services" means the provision by the Artist of services related to the producing of Artistic Works and includes the supply of any other goods or services by the Artist) supplied under the invoice and Licence are purchased for business purposes, the Consumer Guarantees Act 1993 shall not apply.
11. Artist not liable for losses Except as provided by the Consumer Guarantees Act 1993, the Artist shall not be liable for: (a) Any loss or damage arising by reason of any delay in the completion of the Artistic works. (b) Any loss of profits. (c) Any indirect or consequential loss of whatever nature; or (d) Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client's verbal instructions.
12. Liability of Artist Limited Except where provided to the contrary by the Consumer Guarantees Act 1993, the Artists liability to the Client for any and all costs, loss or damage suffered by the Client, however caused (including negligence), arising out of or connected with the performance or failure of performance of any Artistic works or Artistic Services supplied by the Artist shall not exceed the full value of payments made by the Clients under the invoice.
13. Indemnity for breach of terms and conditions The Client undertakes to indemnify the Artist for any loss, damage, or expense (including costs on a solicitor / Client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any monies due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.
