Terms & Conditions

  

By commissioning freelance illustrator Paul Pike to create Artwork for you need to understand and agree to the terms explained below:



Copyrights


Illustrator Paul Pike retains all copyrights/rights for reproduction and commercial use of any and all artwork created, as the client, you own the Original Printed copies received once the illustration is printed and will be granted a Print Release File of the full resolution artwork. 


Ownership of Illustrations:


Ikesink shall retain all retain all copyrights of all illustrations (including sketches, line-art, and base-colour update reports and all materials) delivered to the Client. Ikesink’s works shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in anyway without written consent prior.


Original Prints:


The original print is created once you have approved the final illustration with Paul Pike, it will be printed on high quality paper and laminated vinyl using the latest technologies, we use TKR Graphics for all our printing requirements.


  • The original paper print is 18 x 14.7 inches and can printed at larger sizes (maintaining the aspect Ratio) upon request at an Extra cost. 
  • The Laminated vinyl is self-adhesive and will be custom printed to fit your setup board size up to a Maximum of 600 mm. 


Print Release File:


The client is hereby granted permission by Ikesink to Reproduce the final illustration and make an Unlimited number of prints on Paper, for Personal use Only. This permission applies worldwide.

The client Signing the Agreement of Commissioned Artworks agrees that they may not use any of the illustration files for Commercial or Editorial purposes, or enter any illustrations created by Ikesink into competition without the express Written permission of Paul Pike. Ikesink retains all Copyrights to the illustration files unless client has entered into a Copyright License Agreement.


The illustrations that are being provided to you are Licensed for your Personal purpose’s Only, this including but not Limiting you to printing on Paper, emailing, and web publishing. This release does not include use that results in Financial gain, including but not limited to: advertising, stock prints, print sale profits, or for resale of any nature. This Release of the original illustration files Excludes Ikesink any Liability due to loss or damage of the illustrations, and also Excludes Ikesink from any Obligation to maintain copies of any digital files you receive. You hereby grant Ikesink the right to use and publish illustrations to further promote its services, Including portfolio, website’s, and social media display, Advertisement, and Editorial use, unless otherwise discussed beforehand. Ikesink agrees to limit and monitor the use of these illustrations to promotional use only. Ikesink may revoke this Licence at any time and for any reason.  Ikesink retains all copyrights to the illustrations and derivative works thereof. 

 

Web Publishing:


If you are Publishing any of the illustration files to social media (Facebook, Instagram, Twitter, Pinterest etc), Or if you Share or use any files from either Facebook or Ikesink website, you may not alter these in anyway, Including adding filters, crop, remove watermarks, or copyrights in any way, doing otherwise is copyright infringement.


Credits/Moral Rights:


The Client shall ensure that Ikesink is credited in any web Publication that uses the illustrations produced by the illustrator, credits for non-publication are not required unless stated within the Agreement of Commissioned Artworks. 


Payment:


The client Must send payment upon receipt of the invoice, a Minimum of 75% and the remainder of the balance Must be received by Ikesink before the Printing process. 


Cancellation:


If the Client chooses to cancel the commission, the Client shall pay as a Cancellation Fee as follows:


  • 25% of the of the commission pricing if cancelled once the line-art is produced.
  • 33% of the of the commission pricing if cancelled once the base-colour is produced.
  • 100% of the of the commission pricing if cancelled before the final rendering is produced.
  • Pro rate if the commission is cancelled at an intermediate stage.


Delivery:


Ikesink will endeavour to deliver the commissioned illustration(s) to the Client by the agreed deadline(s) and shall notify the Client of Any anticipated delay at the first opportunity in which case the Client may (unless the delay is the fault of the Client) make time of the essence and cancel the Agreement of Commissioned Artworks without payment in the event of the illustrator failing to meet the agreed date(s). 


  • Ikesink shall not be liable for Any consequential loss or damages arising from the late delivery of the artwork.
  • The Client shall make an immediate objection upon delivery if the illustration is not in accordance with the Illustration Brief. If such objection is not received by Ikesink within 48 hours of receipt, the illustration shall be conclusively presumed that the work is acceptable.
  • Ikesink shall not be liable for Any consequential delays in providing the final Prints unless Ikesink is proven to be a direct cause of the delay.
  • During the process of the commission, the Client will receive several updates on the progression of the work, i.e. line-art, base-colours and final 


draft, this allows the Client to offer feedback which is crucial to ensuring that the work is perfect in every way, Clients feedback may alter the time of the deadline(s) if the Client changes the Illustration Brief and requires subsequent changes, additions or variations, Ikesink may require additional consideration for such works. Ikesink may refuse to carry out such changes, additions or variations which substantially change the nature of the commission, or if this will Increase the deadline(s) dates.


Approval/Rejection:


Should the illustration fail to satisfy the Clients requirements, they may reject the work upon receipt with the following fees.


  • 25% of the of the commission pricing if rejected once the line-art is produced.
  • 100% of the of the commission pricing if rejected once the illustration is complete. 


Warranties:

Except where the artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, Ikesink warrants that the illustration is original and does not infringe any existing copyright and further warrants that Paul Pike has not used the illustration elsewhere. The Client warrants that any Permissions have been Obtained for the agreed use of reference material or visuals supplied by the Client or the customer and shall indemnify Ikesink against any and all claims and expenses including reasonable legal fees arising from Ikesink use of any materials provided by the Client or customer.


Copyright License Agreement:


If you wish to Obtain the Copyrights to the illustration work created by Ikesink for other uses from the above mentioned i.e. Commercial, Branding, Or for any other financial gains, a Copyright License Agreement must be put in place by both parties. The following will be discussed and enclosed within the Copyright License Agreement and both parties are responsible for upholding the term and conditions within.


Deal Memo:


A Deal Memo is a simple document which outlines the most important points in an agreement proposal, these include the following: 


  • Licensee
  • Date offer expires (30 days)
  • A brief description of the project, event or illustration
  • Price and price options, to choose from.
  • Payment terms.
  • The deadline
  • Copyright notice (Ikesink retains copyright)


A Deal Demo is Not a contract or legal agreement, it is simply a tool to provide an outline to particular points that both parties can come to an agreement on. The client has the ability to accept the Demo Memo or request to make changes.


Copyright License Agreement:


Basic terms


Licensee: Is the client, company or manufacturer that is entering into an agreement.


Licensor: Is the creator, company that is entering into the agreement with the above client.


Property: Is the artwork, illustration, design or logo, or the intellectual Property in which Ikesink is granting rights to use.


Term: Is the length of time that the Copyright License Agreement will be obtained for.


Territory: This is where the license is allowed to sell the Property, if you do not sell Worldwide, then each Country must be stated.


Distribution Channels: States what type of stores/chains/channels that Ikesink will allow the Property to be sold in.


Royalty: A list of advance payment and Ikesink royalty rate.


Approvals and samples: This will require that all Properties must be approved by Ikesink prior to selling, all samples of the products are sent to 


Ikesink at the Licensee’s cost.


Cancellation: Ikesink reserves the right to Cancel the Copyright License Agreement if the Licensee fails to uphold the agreement.


Schedule A: A list of the name(s) of the Property that will be part of the Copyright License Agreement.







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