Marine Graphics Ink retains ownership of the original artwork unless agreed in writing. A further fee will be negotiated, should
ownership of the artwork by the client be required. The client shall not make any alteration to the artwork unless agreed in writing. Any loss,
damage or alteration to the artwork whilst in the possession of the client or any representative of the client will be charged for at a fee not less than the
COPYRIGHT AND LICENSING
Marine Graphics Ink retains ownership of the copyright (Copyright Designs and Patents Act 1988). Ownership of copyright is not affected by purchase of the original artwork. The client is granted a license to reproduce the artwork solely for the purposes detailed on the order confirmation e-mailed or posted to you at the out set of the commission. Upon payment of a further agreed fee, the license may be extended to allow for the artwork to be used for purposes other than those shown on the original quote or invoice, the license is only granted upon payment in full of the fee specified on the order confirmation form. Any attempt to reproduce the artwork without such payment, will be regarded as a breach of copyright.
The license granted is exclusive to the named client on the face of the quote or invoice. The license may not be sub-licensed to a third party. Marine Graphics Ink retains the right to use the artwork for self-promotion. The client is responsible for the clearing of any copyright or reference material supplied by the client and shall indemnify the artist against any claims arising from materials thus provided. All material expenses relating to the job shall be invoiced to the client, plus a 10 % administration charge.
Marine Graphics Ink can only adhere to deadlines agreed if there is no delay in the approval of roughs or in the supply of reference material. The artist shall not be held responsible for any consequential loss arising from the late delivery of artwork. All courier & travel expenses relating to the job shall be invoiced to the client, plus a 10 % administration charge.
If the commission is cancelled the fees detailed in the order confirmation form will be payable: 25% of the agreed fee if cancelled by the client before delivery of roughs. 33% of the agreed fee if cancelled by the client after delivery of roughs. 100% of the agreed fee if cancelled by the client on delivery of the finished artwork.
If the artwork is rejected by the client the fees detailed in the order confirmation form will be payable: 33% if rejected at the rough stage. If a rough has not been requested prior to artwork, then 75% of the agreed fee will be charged if rejected on completion. If the artist has correctly followed the brief, and the work is consistent with that of the artist’s portfolio, and with that shown to the client, then the full fee is payable. The client has no right to reject the work on the basis of style or composition. Under no circumstances can there be a reduction in the agreed fee if the client uses the artwork for the purposes detailed on the job acceptance form. Any objections to the final artwork must be conveyed within seven days of delivery, after which it shall be conclusively presumed that the artwork has been accepted. If a delay of longer than three days after the delivery of artwork occurs before any requests for amendments, the Marine Graphics Ink have the right to refuse to execute those amendments where they may interfere with subsequent commissions. In this case, no reduction in fee will be allowed. In the event of rejection of the artwork, all rights in the artwork shall remain the property of Marine Graphics Ink.
If an estimate is requested prior to receiving full details of the commission, it should be understood that this is in no way binding and may differ after the artist has received the complete brief.
Payment shall be made within fourteen days from the date of invoice. Payment not received within that time will be subject to an interest charge of 2.5% per month. These terms and conditions are governed by the laws of the commonwealth of Australia, and may not be varied unless agreed by both parties in writing.
Overdue accounts will be dealt with by a debt collection agency. The agency fees will be payed by the client on top of the outstanding amount.