Terms and Conditions for Design & illustration

1. Delivery Specifications

  1. A competent Illustrator/Designer will be assigned by Paper Veil
     

  2. ​The Illustrator/Designer will deliver the artwork to the specifications outlined within the brief. The Client will be able to request amendments/changes at the completion of roughs.
     

  3. If changes are required again at the delivery of the completed artwork, such changes will be charged at the current hourly rate in addition to the total sum already accrued. Completed work will be delivered electronically unless otherwise agreed within the brief.

2. Working Environment

  1. The Client and Illustrator/Designer will communicate primarily via email with regards to the progress of the work. Where phone/video calls are preferred to discuss the project in progress, notes can be made of what is agreed and can then be followed up via email if required.
     

  2. Phone/video calls are not considered binding methods of communication.
     

  3. Standard working hours are between 9am and 5pm, Monday-Friday and any calls or emails received outside of these times will be returned or responded to as soon as possible within the next working period. In some cases Paper Veil may respond outside of these hours if it becomes apparent that the request from The Client is urgent. This is entirely at the discretion of Paper Veil. 
     

  4. Where necessary, the aim is to respond to emails or return calls within 3 working days of receipt but during busy periods or periods of absence, this may be longer.

3. Ownership of Copyright/Copyright License

  1. The copyright in artwork commissioned by the Client shall be retained by the Illustrator/Designer of Paper Veil.
     

  2. The Client or the Client’s customer (where the Client is acting as an intermediary) is granted a license (outlined within a separate contract) to reproduce the artwork solely for the purposes set out on the acceptance of commission.
     

  3. During the currency of the license the Illustrator/Designer 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/Designer 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 the Illustrator/Designer and Client.
     

  5. The license granted to use the artwork is contingent upon the Illustrator/Designer having received payment in full of all monies due to them and no reproduction or publication rights are granted unless and until all sums due have been paid.
     

  6. The license 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/Designer’s consent. 

4. Payment

  1. Quotes for work are given to the Client prior and work will not proceed until the Client has agreed and paid a deposit. 
     

  2. Payment is via BACS only.
     

  3. All deposits are non-refundable.
     

  4. All invoices have a fair due date and should be paid by the Client on or prior to that date.
     

  5. The Client will receive invoice reminders for any outstanding invoices they have with Paper Veil. 
     

  6. Overdue invoices will always be followed up by Paper Veil and will incur late payment fees if they remain unpaid. (10% of outstanding amounts of less than £150 and 20% of outstanding amounts more than £150).
     

  7. If invoices remain unpaid by the Client after multiple reminders and the late payment fee has been applied, legal action will taken to recover the balance from the Client. Should Paper Veil have to do this, the Client will also be liable for any associated legal fees. 

5. Cancellation

  1. For a brief where a total fee has been agreed; If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:
    (i) 0% if the commission is cancelled before any work has been started by the Illustrator/Designer.
    (ii) 25% of the agreed fee if the commission is cancelled before delivery of roughs:
    (iii) 50% of the agreed fee if the commission is cancelled after the rough stage:
    (iv) 100% of the agreed fee if the commission is cancelled on the delivery of final artwork;
    (iv) pro rata if the commission is cancelled at an intermediate stage.
     

  2. The Illustrator/Designer will always endeavour to deliver the commission as agreed, however in some extreme circumstances (natural disaster, severe health issues etc) this may not be possible. In this instance the Illustrator/Designer will let the Client know immediately and if an alternative arrangement can't be agreed the following cancellation system will be applied:
    (i) 100% refund, including deposit if the cancellation happens before any work is completed or at the rough stage.
    (ii) 50% deposit refund if the cancellation happens after the rough stage but prior to final delivery. Final export files will be delivered but no further amends would be completed. Editable design files will be issued to allow the work to be continued by another provider of the Client's choice. 
     

  3. For a brief where the fee is determined by an hourly rate; If a commission is cancelled by the Client, the Client shall pay for the total hours already completed by the Illustrator/Designer at the point of cancellation. 
     

  4. In the event of cancellation, ownership of all rights granted under this agreement shall revert to the Illustrator/Designer unless the artwork is entirely based on the Client’s visual or otherwise agreed. 
     

  5. If the terms of the working environment (outlined earlier on this page) are not honoured by the Client, or if the Client is not communicating with the Illustrator/Designer in a respectful manner, the Illustrator/Designer will raise this issue with the Client and if a resolution cannot be made or if the behaviour continues, the Illustrator/Designer reserves the right to cease working with the Client immediately. Any deposit paid in this instance will not be returned and any design files in progress will not be delivered. The commission will then be subject to the cancellation fee system outlined in point 5.1(iv).

6. Delivery

  1. The Illustrator/Designer 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 this instance the Client may (unless the delay is the fault of the Client) make time of the essence and cancel the commission without further payment.
     

  2. THE ILLUSTRATOR/DESIGNER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.
     

  3. 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/Designer within 5 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable. 
     

  4. Final export files are provided in accordance to the brief. Editable/working design files are not provided.

7. Approval/Rejection

  1. Should the artwork fail to satisfy, the Client may choose to reject the artwork and cancel the commission upon payment of a rejection fee as follows:
    (i) 25% of the agreed fee if the artwork is rejected and cancelled at the rough stage.
    (ii) 50% of the agreed fee if the artwork is rejected on delivery.
     

  2. In the event of rejection, ownership of all rights granted under this Agreement shall revert to the Illustrator/Designer unless the artwork is entirely based on the Client’s visual or otherwise agreed. Editable/working design files are not provided.

8. Changes

  1. If the Client significantly changes the previously agreed brief and requires subsequent additions or variations, the Illustrator/Designer may require additional consideration for such work. The Illustrator/Designer may refuse to carry out changes, additions or variations which substantially change the nature of the commission and a new commission brief may need to be agreed. 

9. Warranties

  1. Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, the Illustrator/Designer warrants that the artwork is original and does not infringe any existing copyright and further warrants and that they have not used that exact artwork elsewhere.
     

  2. 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/Designer against any and all claims and expenses including reasonable legal fees arising from the Illustrator/Designer’s use of any materials provided by the Client or its customer. 

10. Ownership of Artwork

  1. The Illustrator/Designer shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
     

  2. The Illustrator/Designer’s original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the prior written consent of the Illustrator/Designer.
     

  3. The Client shall receive a digital export of the finalised artwork in the appropriate format unless agreed otherwise. The Client may then make and retain hard copies to enable them to the exploit the rights granted within the agreed brief.
     

  4. THE ILLUSTRATOR/DESIGNER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM PUBLICATION OR USE OF THE ARTWORK BY THE CLIENT. 

11. Credits/Moral Rights

  1. The Client shall ensure the Illustrator/Designer is credited in any editorial/published use of the artwork.
     

  2. The Illustrator/Designer hereby retains the right to injunctive relief for breaches of the right of integrity and the right of paternity.

12. File Copies for Printed/Published Work

  1. Unless otherwise agreed, the Illustrator/Designer shall be entitled to receive not less than 2 proofs or printed copies of the finalised work where the commission intent is for a published purpose. 

13. Notices

  1. All notices shall be sent to the Illustrator/Designer and to the Client at the email address agreed in the Contract. Each party shall give written notification of any change of email address to the other party prior to the date of such change. 

14. Governing Law

  1. These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. 

15. Additional Notes

  1. Email is the preferred method of communication. Phone/Video call or SMS conversations are not considered binding methods of communication. If calls from the Client are frequent or of significant length they may be charged at the current or quoted hourly rate of work in addition to any agreed quote.
     

  2. Emails will be retained and referred to until full completion of the brief and until all sums due under this agreement have been paid.
     

  3. If any circumstances should arise that are not covered by this agreement, the Client and Illustrator/Designer must agree mutually to make the necessary amendments to the original brief.