Terms and Conditions [previous version]

These terms and conditions describe the way I generally work with clients, and clarifies some legal points. These terms and conditions apply for any work undertaken by me (Willie Hewes) in exchange for payment, unless explicitly contradicted in a formal agreement (or “proposal”) between you and me.

The Proposal

Before I start work I will send you a proposal outlining the work you’ve asked me to do and an estimate of the total cost. The total cost will be just that, there are no secret fees and you don’t have to pay for my expenses or anything that is not listed in the proposal.

The proposal will specify the file format and delivery method (e.g. e-mail, or first class post in case of prints) and the estimated delivery date. It will also list the ways you can use the designs or illustrations I produce for you (see Copyright and Uses, below).

How we Work Together

I will be working for you as an independent contractor, not an employee. This means, among other things, that I don’t work for you exclusively, and that I don’t work under your direct supervision or control.

Depending on the size and complexity of the work you’ve asked me to do, I may send you sketches or work in progress for your approval and to give you a chance to ask for changes. I agree to listen to your feedback and make changes to the designs in response to your feedback. You promise not to unreasonably withhold acceptance of the final illustrations.

If you change your mind about what exactly you want, or the job ends up bigger than what you initially described, that can affect the total cost. If that is the case, we will agree a new proposal as soon as possible including the extra work. You agree that I am free to refuse additional work not originally included in the proposal.

Time Schedule and Deadlines

The proposal will include an estimated delivery date for the final illustrations or designs. If you need to have the finished piece by a certain date, we can agree a deadline. Where there is a deadline, you agree to give timely feedback on sketches or work in progress so you do not delay the process to the point where the deadline becomes unreasonable.

You agree that I’m not liable for missed deadlines if the delay was caused by a fire, accidents, energy failure, equipment breakdown or other causes beyond my control.

Payment

For any job that has a total cost of $60 or more, I will expect you to pay 50% up front, before I start work. The rest will be payable upon approval of the final designs. I accept payments through Paypal and cheque. If you’d prefer to pay in a different way, please ask and we can discuss.

Original Work

I promise that any designs and drawings I create for you are my original works, and will not be copied in whole or in part from any other work. I own the rights I give you under this agreement or the terms of the proposal and my work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity.

You promise that you own the rights to any content you give me to incorporate or use in my design, and I can use it without violating the patent, copyright, trade secret or other property right of any person, firm or entity.

Copyright and Uses

The proposal will also cover the ways you plan to use my designs or illustrations. Under most circumstances, you will only gain the right to use the design in these ways, otherwise the rights to my work resides with me.

For logos, or in other circumstances where it is important for you to own the copyright, you can buy the full rights to use the design I create in any and all media without restrictions of any kind. This will affect the cost, so tell me up front if this is what you need.

In either case, you will only have these rights after you pay me in full, and you agree that I retain the right to use the work I do for you in marketing my illustration business. You will be solely responsible to make sure that the designs and illustrations I create for you will be available for use in commerce and protectable under trademark law.

Confidentiality

I promise that I’ll hold and maintain in strict confidence any confidential information that you provide me (such as proprietary technical or business information), and I will not disclose such information to any third party except as may be required by a court or governmental authority.

I look forward to working with you.

These terms are valid for work started between: 30 August 2010 and 12 April 2011 unless otherwise agreed in the proposal.