Terms and Conditions
Updated 12 Apr 2011. See bottom of this page.
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 state whether the images are intended for “personal”, “promotional” or “commercial” use. This affects how you can use the images, 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
Personal
If the images are for personal use, you may:
- Display the images on the web and elsewhere so long as you state they are “by Willie Hewes”.
- Print and otherwise reproduce the images for personal use.
- Create derivatives or modifications of the images for personal use.
Otherwise the rights to my work reside with me. You may not:
- Sell the image or derivatives or modifications, or sell art or craft projects featuring the images.
- Use the image to promote or identify a business or organisation (as with a mascot or logo).
Promotional
If the images are for promotional use, you may:
- Use the images to promote or identify a business or organisation as specified in the proposal we agree at the outset.
- Print and reproduce the image in ways and for the purposes agreed in the proposal.
Otherwise the rights to my work reside with me. You may not:
- Sell the image or derivatives or modifications of the image, except with prior written agreement.
Commercial
If the images are for commercial use, you may:
- Use the image, without modifications, in any media without restrictions.
- Sell prints or other products based on the image.
You may not:
- Create derivatives or modifications of the image without first contacting me to offer me the job of creating the new version or derivative you want. Only if we cannot come to an agreement regarding this work may you produce the modifications yourself or hire someone else to make them.
In any 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, that is, in my portfolio or advertising. You will be solely responsible for making 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 after: 12 April 2011 unless otherwise agreed in the proposal. For work started before this date, the previous version of these Terms and Conditions continues to apply.
