Terms & Conditions for commercial use.

 

 

 

1. Time for Payment

Unless varied in a Proposal document, Nadine Mnemoi standard payment terms are: a fixed fee agreed up-front, 50% payment up-front; full balance due at completion . The grant of any license or right of copyright is conditioned on receipt of full payment.

 

2. Default in payment

In the case, it has been agreed mutually that all invoices are payable within 30 days of  receipt, The Illustrator may charge interest at a rate of 2% per month on any balance unpaid after 30 days from the date of the invoice.

The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

3. Estimates

If this form is used for an estimate or assignment confirmation, the fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more.

4.Expenses

The Client shall reimburse the Illustrator for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment. Material expenses, such as printing, trade show, photography, travel,  are billed at a standard markup rate of 20%.

5. Changes

The Client shall be responsible for making additional payments for changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Illustrator the first opportunity to make any changes.

If the Client changes the brief and requires subsequent changes, additions or variations, the Illustrator may require additional payment for such work. The Illustrator may refuse to carry out changes, additions or variations which substantially change the nature of the commission.

6. Cancellation

If a commission is cancelled by the Client, all work to date will be billed and is due and payable within 10 days of the invoice date. 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.

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

8. Approval/Rejection
13. 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 artwork is rejected on delivery.
14. In the event of rejection, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based on the Client’s visual or otherwise agreed.

9. Ownership of Artwork

The Illustrator shall retain ownership of all artwork, whether preliminary or final (including roughs and other materials) delivered to the Client.

The Illustrator’s original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of the Illustrator.

The Client shall return all artwork to the Illustrator not later than 6 months after delivery in undamaged, unaltered and unretouched condition although the Client may make and retain transparencies to enable it to exploit the rights granted with the artwork.

10. Alteration

Any electronic alteration of original art (color shift, mirroring, flopping, combination cut and paste, deletion) creating additional art is prohibited without the express permission of the artist. The Artist will be given first opportunity to make any alterations required. Unauthorized alterations shall constitute additional use and will be billed accordingly.

11. Warranties

 

The Client warrants that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the Client or its customer and shall indemnify the Illustrator against any and all claims and expenses including reasonable legal fees arising from the Illustrator’s use of any materials provided by the Client or its customer.

Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, the Illustrator warrants that the artwork is original and does not infringe any existing copyright and further warrants that she/he has not used the artwork elsewhere.

 

12. Samples
Unless otherwise agreed, the Illustrator shall be entitled to receive not less than four proofs or printed copies of the work.

All notices shall be sent to the Illustrator and to the Client at the address stated in this Agreement. Each party shall give written notification of any change of address to the other party prior to the date of such change.

    Credits/Moral Rights
13. The Client shall ensure the Illustrator is credited in any editorial use of the artwork. Credits for non-editorial use are not required unless so indicated on the front of the form.
14. The Illustrator hereby waives the right to injunctive relief for breaches of the right of integrity and the right of paternity.

15. Spanish law and jurisdiction.

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

16. Acceptance of Terms

The facsimile, electronic, PDF, means of other electronic signature  or actual signatures of both the Illustrator and the Client shall evidence acceptance of these Terms and Conditions

17. Data Protection

Nadine Mnemoi reserves the right to use data given by users voluntarily through email addresses  in this website. The User accepts that any data obtained while using the website, or which has been provided through filling out any forms that are contained therein, as well as any data resulting from any possible commercial relations that may take place, may be included in an automated personal database of the type described above.

Nadine Mnemoi reserves the right to disclose your personal information as required by law, such as to comply with a subpoena, bankruptcy proceedings or similar legal process, and when we believe that disclosure is necessary to protect her rights, protect your safety or the safety of others, investigate fraud and/or to comply with a judicial proceeding, court order, or legal process served on her website.

With regard to the data obtained, the user may exercise the rights on Data Protection, and in particular the right to access, rectify, cancel and object to such data, as well as the right to withdraw the consent for the transfer of this data, or for any of the uses described above.

Any User may exercise the rights referred to in the previous paragraph by writing to Nadine at the following email address: info@nadinemnemoi.com

Nadine Mnemoi is committed to handling information it receives with upmost confidentiality.