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Terms and Conditions

Terms of Use of this Website

You acknowledge and agree that we and/or our licensors own all intellectual property rights in the website, all content appearing on the website remains the intellectual property of the artists and/or the licensors.

Nothing in these Terms of Use grant to you any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trade marks and design rights (in each case whether registered or unregistered), or any other rights (including intellectual property rights) or licences in respect of the website any content appearing on the website or any related documentation.

Other than strictly as permitted by law, you must not carry out on our website or its content any automated data mining, web scraping or other processes for extracting data or images.

The Artwork and Non Fungible Token

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.

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.

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