Terms and Conditions

March 2013

The term "Studio9KC" refers to Trevor Rabey and persons appointed by Trevor Rabey at Studio9KC
The term "artwork" defines any illustrations or graphic work produced by Studio9KC

ARTWORK

1. All artwork produced by Studio9KC will be to the level of accuracy achievable from the information made available by the Client or provided by the Client. Checking the accuracy of the final artwork and suitability for the Client's needs is the responsibility of the Client.

2. All artwork produced by Studio9KC for a Client is a graphic representation and should not be used as a scale drawing of the objects represented within the artwork nor as a working drawing to manufacture objects represented within the artwork.

3. Artwork supplied to a client will be in a bitmap format, PDF format or a video format. Any artwork files originally created using 3D software which are then used to generate bitmap images, PDF files or video do not form part of the client artwork purchase and remain the property of Studio9KC.

CLIENT SUPPLIED INFORMATION

4. All reference information supplied to Studio9KC by the Client for any purpose including the creation of artwork for the Client, will be treated as confidential and will not be disclosed to any third party. All such information will be treated with the same level of physical and digital security as Studio9KC’s own company information.

5. Upon completion of any work produced by Studio9KC for the Client, all printed reference information supplied by the Client will be returned to the Client and all digital reference information will be deleted from Studio9KC’s computers.

6. In the event of an exceptional circumstance such as unlawful access to, or theft of, a Studio9KC computer upon which the Client’s digital information is held, it will be deemed as beyond the control of Studio9KC and Studio9KC will not be liable for any consequences arising from any such exceptional circumstance.

7. The Client warrants that any necessary permissions have been obtained for the agreed use of all information supplied to Studio9KC by the Client or its customer for the purposes of creating artwork for the Client and the Client shall indemnify Studio9KC against any and all claims and expenses including legal fees arising from Studio9KC's use of any information provided by the Client or its customer.

DELIVERY AND APPROVAL

8. Studio9KC shall make every effort to deliver the artwork to the Client or the Client's appointed third party by the agreed date and shall notify the Client of any anticipated delay at the first opportunity. In the event of Studio9KC failing to meet the agreed delivery date the Client (unless the delay is the fault of the Client) reserves the right to cancel the commission without payment.

9. Studio9KC SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.

10. The Client shall make an immediate objection upon delivery if the artwork is not in accordance with the brief. If such objection is not received by Studio9KC within 7 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.

11. Once the final artwork has been accepted and approved by the Client, any errors or omissions both textual and pictorial not corrected by the Client at that stage are the responsibility of the Client and no liability is accepted by Studio9KC for consequences arising from any such errors or omissions.

CHANGES

12. If the Client changes the brief and requires subsequent changes, additions or variations, Studio9KC may require additional consideration for such work. Studio9KC may refuse to carry out changes, additions or variations which substantially change the nature of the commission. Any changes, additions or variations to the original brief that are accepted by Studio9KC will result in additional charges which shall be agreed by the Client prior to commencement of the changes, additions or variations.

CANCELLATION

13. If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:

(i) 25% of the agreed fee if the commission is cancelled before delivery of roughs*;

(ii) 33% of the agreed fee if the commission is cancelled at the rough stage:

(iii) 100% of the agreed fee if the commission is cancelled on the delivery of artwork;

(iv) pro rata if the commission is cancelled at an intermediate stage.

14. In the event of cancellation, ownership of all rights granted under this Agreement shall revert to Studio9KC unless the artwork is based on the Client's visual or otherwise agreed.

* The term 'Roughs' refers to any preliminary sketches or draft artwork presented to the Client after the artwork has been commisioned.

REJECTION OF ARTWORK

15. Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows:

(i) 25% of the agreed fee if the artwork is rejected at the rough stage:

(ii) 50% of the agreed fee if the final artwork is rejected on delivery.

16. In the event of rejection, ownership of all rights granted under this agreement shall revert to Studio9KC unless the artwork is based on the Client's visual or otherwise agreed.

COPYRIGHT

17. In addition to the information stated below regarding Client artwork, it should be noted that the artwork featured on this website is copyright protected and cannot be used in any form or for any purpose without the prior written permisssion from Studio9KC.

18. The copyright of artwork commissioned by a Client shall remain the property of Studio9KC, until payment for the artwork has been made by the Client to Studio9KC. (See payment terms below) If payment is not in accordance with the terms below, Studio9KC shall contact the Client to inform the Client that the licence hereby granted with the artwork is withdrawn until such times that Studio9KC has received payment in full of all monies due. Reproduction or publication rights granted shall be withdrawn until all sums due under this agreement have been paid.

19. Once payment for the artwork has been made by the Client to Studio9KC, copyright becomes the property of the Client and Studio9KC shall not use the artwork in it's entirety for any purpose other than self promotion, and only then with the Client's permission. Some artwork may contain generic pictorial objects from the Studio9KC digital object library such as nuts, bolts, washers and Studio9KC reserves the right to use such objects in subsequent artwork for any Client of Studio9KC.

PAYMENT

20. The Client shall pay all invoices within 30 days of receipt. Interest at current Barclays rate per month will be charged on any balance unpaid after 30 days of the date of invoice.

GOVERNING LAW

21. These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the non-exclusive jurisdiction of the English Courts.