Terms and Conditions
Ownership of Copyright/Copyright License
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) are granted a license to reproduce the artwork solely for the purposes set out on the face of this acceptance of commission. If the acceptance of commission is silent, the Client or the Client’s customer is granted an exclusive license for one-time use in Spain only.
3. During the currency of the license 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 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 and Client.
5. The license 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 license 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
7. The Client shall pay all invoices within 30 days of their receipt. In the event of the client failing to make the payment on time, he/she will pay interest on the invoiced fee in accordance with the interest rates determined by law.
Cancellation
8. If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:
(I) If the client or The Dream Illustrator will cancel a project before it is started, neither the client nor Isabel Ortiz de Landazuri (Timone) will be under additional obligation and this contract will be canceled.
(ii) If the client decides to stop or cancel the creation of the design, once it has started, they will be reimbursed 50% of the amount. The client will not have the right to use any mockup or preview of the work sent by The Dream Illustrator and the client agrees to destroy it. Otherwise, The Dream Illustrator may claim judicially if necessary.
(iii) 100% of the agreed fee if the commission is cancelled on the delivery of artwork;
(iv) The Illustrator reserves the right to decline any order. Making the full refund of the amount.
Delivery
10. 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 the time of the essence and cancel the commission without payment in the event of the Illustrator falling to meet the agreed date.
11.THE ILLUSTRATOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.
12. 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
13. 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 at the middle stage.
(iii) 100% of the agreed fee if the artwork is rejected on delivery.
14. 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.
Changes
15. If the Client changes the brief and requires subsequent changes, additions or variations, the Illustrator may require additional consideration for such work. The Illustrator may refuse to carry out changes, additions or variations which substantially change the nature of the commission.
Warranties
16. Except where the 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.
17. 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
18. The Illustrator shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
19. 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
20. 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.
21. The Illustrator hereby waives the right to injunctive relief for breaches of the right of integrity and the right of paternity.
Samples
22. Unless otherwise agreed, the Illustrator shall be entitled to receive not less than four proofs or printed copies of the work.
Notices
23. 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
24. These terms and conditions are governed or interpreted in accordance with Spanish legislation in what is not expressly established. Isabel Ortiz de Landazuri (Timone) and the user agree to submit any controversy that may arise from the products or services subject to these conditions to the courts and tribunals of Zaragoza, Spain.
