These are my standard terms of service for any design project. Have a good read through, and if anything jumps out at you as a potential issue, let me know before the project begins and we can discuss any alterations that might be needed for your particular project.
I reserve the right to request a 40% deposit prior to starting work on your project. If a deposit is requested, an invoice will be generated and delivered to you via email and payment is expected within 30 days of issue. By remitting deposit funds you are accepting these Terms of Service and entering a contract with Miles Tewson.
I will invoice for the remaining cost of the project and associated services prior to the release of any files or final exports. I reserve the right to withhold delivery until payment has been received in full.
The Client shall pay all invoices within 30 days of their receipt. Interest at a rate of 2% per month is payable on any balance unpaid after 30 days of the date of invoice.
I reserve the right to invoice prior to the time detailed if you have been uncontactable/unresponsive for more than 30 days.
You agree and accept that Miles Tewson is not legally responsible for any loss or damage suffered or incurred related to use of any of my services, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered by myself. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials I produce, amends or designs is entirely at your own risk, for which I shall not be liable.
You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude liability of James Barnard (Barnard Co. Limited) for any such inaccuracies or errors to the fullest extent permitted by law.
I affirm that all designs presented to you will be original and to the best of my knowledge will not infringe/plagiarise any other work. I will perform limited checks to ensure that my work has not unintentionally infringed on another’s design. However, I assume no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of my work. You agree to perform your own checks and due diligence regarding plagiarism and originality. Should you have any concerns, please discuss this item with me prior to commencing work.
Miles Tewson shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
Miles Tewson's original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent.
The copyright in artwork commissioned by the Client shall be retained by the Miles Tewson.
The Client or the Client's customer (where the Client is acting as an intermediary) is granted a licence to reproduce the artwork solely for the purposes set out on the face of this acceptance of commission.
The licence hereby granted to use the artwork is contingent upon the Miles Tewson 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.
The licence 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 consent.
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.
In the event of cancellation, 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.
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 Miles Tewson 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.
In order to ensure the safety and satisfaction of both the artist and client, I have a policy towards untimely responses, which refers to a delay of over 9 days in responding to communications.