1. Definitions

The following words shall have the following meanings:

• Agent: a person appointed to act on the Artist’s behalf;
• Artist: a person who provides artwork;
• Artwork: a graphic piece that is created based on the job description provided by the client;
• Client: a person, firm, or company who commissions the Artwork;
• Contract: these terms and the email exchange between the client and the agent;
• This/Our Website: illux.art;
• The Design Process: a series of actions taken by the Artist to produce the Artwork;
• Mood Board, Draft, Detailed Illustration, Final Illustration: Different Deliverables produced by The Artist during the Design Process.
• Final Files: Final Artwork in High Resolution and the culmination of a particular Design Process.  

2. Parties’ obligations

• The Artist agrees to provide the Artwork in accordance with the Contract.
• The Agent acts solely as the agent of the Artist and confirms that it is authorized to enter into this Contract on behalf of the Artist
• The Client shall: (a) co-operate with the Artist and the Agency in all matters relating to the Artwork; (b) approve drafts and supply reference material; (c) keep and maintain the Artwork in good condition, not use the Artwork other than in accordance with the written authorization; and (d) pay the Fee
• The person signing the Contract on behalf of the Client confirms that they have the requisite power and authority to enable them to enter into and perform this Contract and further confirms that they accept full responsibility for the payment of fees
• The Client shall be liable to pay to the Agent, on demand, all reasonable costs, charges, or losses sustained or incurred by the Artist and the Agent arising directly or indirectly from the Client’s fraud, negligence, failure to perform, or delay in the performance of any of its obligations under this Contract, subject to the Agency confirming such costs, charges and losses to the Client in writing.
• The Client may not sub-license the Artwork to third parties without the prior written consent of the Artist.
• The Artist asserts his moral rights in relation to the Artwork.
• If necessary, the Client shall be responsible for ensuring that the Artwork does not infringe the copyright of any third party. If the Client fails to ensure that no infringement will or has occurred, the Client shall indemnify the Artist against all liabilities, costs, expenses, damages, and losses suffered or incurred by the Artist
• Unless otherwise agreed in writing, the Client agrees that it will not instruct third parties to produce artwork that is the same as or similar to the Artwork.
•  Neither the Artist nor the Agent nor this website shall be liable for: (a) loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and (b) the total liability of both the Artist and Agent in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of this Contract shall be limited to the price paid for the Artwork.

3. Delivery

• The draft, sketches, and final artwork will be delivered electronically to the email address provided by the client. In case the size of the file prevents the agent from delivering the artwork in this way, the artwork will be uploaded to Dropbox, WeTransfer, or any other similar service.
• Any dates specified by the Artist or the Agency for delivery of the Artwork are intended to be an estimate only and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time and will be subject to the Client complying with its obligations.
• Requests for amendments made later than (a) two working days after the delivery of Artwork may be refused by the Artist where they may interfere with subsequent commissions. In this case, no reduction in fee will be allowed; or (b) three days after the delivery of the Artwork will be refused by the Artist and it shall be conclusively presumed that the Artwork has been accepted.

4. Fees

•  All payments shall be made to the this website whose receipt shall be a full and sufficient discharge to the Client.
• The Client shall pay the fees set out on in the contract prior to the Artist producing the Artwork.
• The Artwork will be supplied digitally. If extra electronic or digital copies are required additional fees will be charged.
• For the avoidance of doubt, there will be no reduction in the Fee in the event either that there is no use in any media, or the level of use is less than anticipated for the Artwork

5. Intellectual Property Rights

The customer owns the artwork, but the artists have their copyright.

That means that the client will be able to use the artwork and will also have exclusive use of it, so neither this website, the agent nor the artist will sell it to anyone else or use it for any other purpose. However, the artist will retain the copyright of the artwork. This means that the artist has the right to show the artwork to prospective clients as an example of their work, and include the artwork in their public portfolio, which includes this website.

6. Termination and Rejection

• A Contract can be terminated by the Client at any time, but a cancellation fee will apply. The fees vary according to the moment the cancellation occurs:

  1. Cancel within 24hs of receiving the Draft*: 0% cancellation fee.
  2. Cancel after 24hs of receiving the Draft*: 25% cancellation fee.
  3. Cancel after you receive the Detailed illustration*: 50% cancelation fee.
  4. Cancel after you receive the Final Illustration*: 75% cancelation fee.
  5. Cancel after you receive the Final files*: 100% cancelation fee.
   

  To initiate the cancellation of a Contract, the Client needs to inform the assigned Agent of their decision. Subsequently, the Agent will process the refund within three business days, deducting the applicable cancellation fee from the payment. Alongside the refund, an updated and corrected invoice will be provided for your records.

•  If the Artist has refused to accept further commissions from third parties, for the period in which the Artist has allotted to producing the Artwork, the Artist retains the right to claim against the Client in respect of those losses. Such claim for losses shall not exceed 100% of the Fee.
• Notwithstanding the above, 100% of the Fee will be payable if: (a) the Client uses the Artwork for the purpose set out in the Job Description; or (b) the Artist has correctly followed the Job Description and the work is consistent with that of the Artist’s portfolio, and with that shown to the Client. The Client acknowledges that rejection is not permitted on the basis of style or composition.
• Any additional services requested by the client will require additional fees. Those fees need to be canceled before such extra services are provided.

 7. Notices

Notices under this Contract shall be given to the email address given by the client. Any replacement email address should be requested in writing.