Andy Carolan Terms and Conditions
Ownership of Copyright/Copyright Licence
1. The copyright in commissioned work shall be transferred to the Client upon completion of the project and payment in full has been received.
2. Where a job has been quoted in two halves (initial 50% deposit and final 50% balance) the balance of payment will be charged in full upon on completion.
3. The Client agrees to reimburse the Designer for any critical Client requested expenses necessary for the completion of the project. Examples would be the purchase of specific fonts or stock assets at the Client's request.
4. 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.
5. In the event of cancellation, ownership of all rights granted under this Agreement shall revert to the Designer unless the artwork is based on the Client’s visual or otherwise agreed.
6. Limitation of Liability. Client agrees that Designer will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from Designer’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
7. 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.
8. In the event of rejection, ownership of all rights granted under this Agreement shall revert to the Designer unless the artwork is based on the Client’s visual or otherwise agreed.
9. If the Client changes the brief and requires subsequent changes, additions or variations, the Designer may require additional consideration for such work. The Designer may refuse to carry out changes, additions or variations which substantially change the nature of the commission.Governing Law
10. These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing.
Acceptance of Terms
11. By submitting an order with Andy Carolan the Client accepts these general terms and conditions. Electronic signatures shall be considered legal and binding.