This agreement takes precedent over any conflicting agreement in any other terms and conditions referring to the same work.
1. The Artwork – Oban Design Limited always owns the original artwork unless specified in writing. If the client wants ownership of the original artwork a further fee shall be negotiated. Ownership of artwork does not mean ownership of copyright. Any loss or damage to the artwork while in the client’s care shall be charged at the full price of the artwork.
2. Copyright – Unless stated, Oban Design Limited always retains copyright (Copyright, Designs and Patents Act 1988). The copyright may be purchased at a further fee. Ownership of copyright does not mean ownership of artwork. If the client supplies reference material or images for Oban Design Limited to use it is the client’s responsibility to obtain any copyright or licence that might be needed. Oban Design Limited is responsible for obtaining the copyright for any material they supply. Oban Design Limited is allowed to use any image they have created for self-promotion.
3. Grant of Rights – The grant of reproduction rights is conditioned on receipt of full payment. A licence will be bought by the client allowing them to use an image on specific format, usage, time and location. Using an image without a licence can result in prosecution. If a further licence is required, or the licence expires and needs to be renewed this must be done before the artwork is reused. The licence cannot be passed on to a third party. Any changes in the licence must first be agreed in writing by Oban Design Limited.
4. Delivery – Oban Design Limited will endeavour to keep to all agreed deadlines if the client keeps to its deadlines. If there are any delays in briefing the work, supplying of reference material, approval of roughs the artist can not guarantee keeping to the initial deadline, and will not be held responsible for any losses incurred by missing the deadline. Oban Design Limited can not be held responsible for the loss of artwork by a third party.
5. Time for Payment – Payment is due within 7 days of receipt of invoice. A 2.5% monthly service charge will be billed for late payment.
6. Default in Payment – The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
7. Expenses – The Client shall reimburse Oban Design Limited for all expenses arising from the assignment.
8. Estimates – The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when the final invoice is rendered.
9. Sales Tax – The Client shall be responsible for the payment of sales tax, if any such tax is due.
10. Cancellation – In the event of cancellation or breach by the Client, Oban Design Limited shall retain ownership of all rights of copyright and the original artwork, including sketches and any other preliminary materials. The Client shall pay Oban Design Limited according to the following schedule: 75% of agreed fee if cancelled after delivery of concepts. 100% of agreed fee if cancelled in or after final concept stages.
11. Communication – Both parties will attempt to respond to communicated requests, feedback and enquiries in a timely manner. If the Client fails to respond to communications after a period of 60 days has elapsed from initial request the project will be considered cancelled and charged accordingly as stated in section 10.
12. Alterations – Alteration to artwork shall not be made without consulting Oban Design Limited. Oban Design Limited shall be allowed the first option to make alterations when possible. After acceptance of artwork, if alterations are required, a payment shall be charged over the original amount. Any alterations to the artwork by anyone other than Oban Design Limited must have permission in writing.
13. Revisions – Revisions not due to the fault of Oban Design Limited shall be billed separately.
14. Credit Lines – On any contribution for magazine or book use, Oban Jones of Oban Design Limited shall receive name credit in print.
15. Unauthorised Use – The Client will indemnify Oban Jones of Oban Design Limited against all claims and expenses, including reasonable legal fees arising from uses for which no release was requested in writing or for uses exceeding the authority granted by a release.
16. Warranty of Originality – Oban Design Limited warrants and represents that, to the best of their knowledge, the work assigned here under is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Illustrator/Designer has full authority to make this agreement; and that the work prepared by the Illustrator/Designer does not contain any scandalous, libellous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Artist’s product that may infringe on the rights of others. Client expressly agrees that it will hold Oban Design Limited harmless for all liability caused by the Client’s use of the Illustrator’s/Designer’s product to the extent such use infringes on the rights of others.
17. Limitation of Liability – The Client agrees that it shall not hold Oban Jones of Oban Design Limited or his agents or employees liable for any incidental or consequential damages that arise from the Illustrator’s/Designer’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Illustrator/Designer or a third party.
18. Acceptance of Terms – By submitting an order with Oban Design Limited the Client accepts these general terms and conditions as binding.
Oban Design Limited, T/A ODIS Creative, Wayside 49 Station Road, Delamere, Northwich, Cheshire CW8 2HU Reg:10920745 V2. 17.05.2021