Terms and Conditions

Terms of Use of this Website and Commissioning Artwork

Use of Website introduction

These terms and conditions govern your use of our Website; by using our Website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our Website. They say that you must behave appropriately and responsibly whilst using the Websites. Our privacy policy sets out how we use data relating to you and it forms a part of these terms of use. The privacy policy can be found on our Website here www.nbillustration.co.uk/privacy-policy/. We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.

https://www.nbillustration.co.uk/ (the “Website”) is a Website owned and operated by NB Illustration Limited, a company registered in England and Wales under company number 04036209 and with our registered office at Home Farm East Horington Somerset BA5 3EA GBR (“NB Illustration Limited”, “we”, “us” or “our”.

By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these terms of use, please ask a parent or guardian to explain their meaning to you. You must not use the Websites if you are under 13. Intellectual property rights and rights of use.

Unless otherwise stated, we, our artists, or our clients own the intellectual property rights in the Website and/or material on the Website. Subject to the licence below, all these intellectual property rights are reserved. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.

Licence to use Website:

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions below.

You must not:

Copy or exploit any part of the Website or republish material from this Website (including republication on another Website); sell, rent or otherwise sub-license material on the Website; reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; edit or otherwise modify any material on the Website; redistribute material from this Website except for content specifically and expressly made available for redistribution; use the Website or any part of them unfairly or for any illegal or immoral purpose; gain unauthorised access to any part of the Website; conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site.

This includes using (or permitting, authorising or attempting the use of): any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Websites or any data, content, information or services accessed via the same; and/or any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us; or attempt to do any of the acts listed above. Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.

Limitations of liability

We provide and maintain the Websites on an “as is” basis and are liable only to provide our services with reasonable skill and care. The information on this Website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this Website and the information on this Website. Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.

External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Websites link.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill), including but not limited to:

any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware; any interruptions to or delays in updating the Website; any incorrect or inaccurate information on the Website; the infringement by any other person of any copyright or other intellectual property rights of any third party through any user content or use of the Website; the availability, quality, content or nature of External Sites; any transaction taking place on External Sites; any transaction with third parties taking place on or through the Website; any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website or any part of it, or any user content; and all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our Website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our Website, whether direct or indirect, and whether arising in tort, contract, or otherwise. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Entire agreement

These terms and conditions, including our privacy policy, constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.

Assignment

We will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website. Law and jurisdiction. The Website is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Websites comply with the laws of any other country.This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England. Our contact details The full name of our company is NB Illustration Limited. We are registered in England & Wales under registration number 04036209 and with our registered office at Home Farm East Horington Somerset BA5 3EA GBR

Commissioning Artwork

The Artist always owns the original artwork unless specified in writing by NB Illustration Ltd.

If the client wants ownership of the original artwork or permission to convert the artwork or derivative artwork into a Non Fungible Token, a further fee shall be negotiated.

Ownership of artwork does not mean ownership of copyright.

Unless agreed in writing, the artist retains the right to convert the digital file of the artwork or any derivative work based on the artwork into a Non Fungible Token. For the avoidance of doubt, the client / licencee must not convert a digital file of the artwork or works derived from the artwork into a Non Fungible Token unless the Artist has given prior written permission.

Any loss or damage to the artwork while in the client's care shall be charged at the full price of the artwork.

Any alterations to the artwork by anyone other than the artist must have permission in writing from the artist or NB Illustration Ltd.

If the artwork is delivered digitally, the artist or NB Illustration may from time to time keep a back up of the artwork file where possible. Unless agreed in writing, the artist nor NB Illustration is obliged to keep a back up and it is the client's responsibility to keep a suitable back up copy for future reference or usage depending on the licence granted.

Copyright

Unless agreed in writing prior to commissioning, the Artist always retains copyright (Copyright, Designs and Patents Act 1988).

The copyright may be purchased at a further fee with the agreement of the artist and NB Illustration Ltd.

Ownership of copyright does not mean ownership or permission to convert the digital file of the artwork or any derivative work based on the artwork into a Non Fungible Token.

Licence

A licence will be bought by the client allowing them to use an image on specific format, usage, time and location. The licence details are always on the bottom of our invoices. If the licence is incorrect NB Illustration Ltd must be informed immediately.

The licence only starts once the artwork has been paid for in full.

Using an image without a licence can result in prosecution.

If a further licence is required, or the licence expires and needs to be renewed this must be done before the artwork is reused.

The licence can not be passed on to a third party without written permission.

Any changes in the licence must first be agreed in writing by NB Illustration Ltd.

The Artist

The artist retains the right to use any image they have created for self-promotion.

If the client supplies reference material or images for the artist to use it is the client’s responsibility to obtain any copyright or licence that might be needed.

The artist is responsible for obtaining the copyright for any material they supply.

Delivery

The artist will keep to all agreed deadlines if the client keeps to its deadlines. If for any reason, beyond the artists’s control the artist cannot deliver by the agreed deadline, you will be informed as soon as possible. If there are any delays in briefing the work, supplying of reference material, approval of roughs the artist can not guarantee keeping to the initial deadline. NB Illustration Ltd or the artist will not be held responsible for any losses incurred whatsoever by missing the deadline and liabilities would be limited to the fee.

Cancellation or Rejection

In the event of cancellation or rejection, the following percentages of the fee will apply; (i) 25% before delivery of roughs; (ii) 33% after delivery of roughs; (iii) 50% after delivery of colour visual; (iv) 75% after delivery of any subsequent revised illustration rough; v) 100% on delivery of the finished artwork; or (vi) pro rata if at an intermediate stage

If the artist has worked to brief in a style consistent with their portfolio then 100% of the fee is payable.

If the artwork is rejected the client has no rights to the artwork - all rights remain with the artist.

The artwork may not be rejected after the client has used it.

Payment Terms

Payment shall be made within thirty days of the date of the invoice.

Copyright of the artwork is retained at all times unless agreed in writing. Any clauses in your terms & conditions which refer to copyright and ownership of artwork do not apply. No use may be made of the artwork until after full payment is received. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the commissioning company is put into receivership or liquidation.