Terms and Conditions

Acceptance of a quote from Burning Plains Cartoons implies you have read, understood and agreed to the following terms and conditions.

Interpretation

In this contract unless the context otherwise requires:
“Burning Plains Cartoons” refers to the current owner of the soletradership namely Robert Drummond.
“We”, “us” and “our” mean Burning Plains Cartoons.
“Artwork” refers to all drawings, designs, logos, and other work and materials produced in relation to a commission.

Ownership of copyright/ copyright Licence

The copyright in artwork commissioned by the client shall be retained by Burning Plains Cartoons.
The Client or the Clients customer (where the client is acting as an intermediary) is granted a licence to reproduce the artwork solely for the purposes set out on the face of the acceptance of commission. If the acceptance of commission is silent, the client or the client’s customer is granted an exclusive licence for one time use in the United Kingdom only.
During the currency of the licence Burning Plains Cartoons shall notify the client of any proposed exploitation of the artwork for the purposes other than self-promotion and the client shall have the right to make reasonable objections if such exploitation is likely to be detrimental to the business of the client or the client’s customer.
Where use of artwork is restricted, Burning Plains Cartoons will normally grant the client or the client’s customer a licence for use for other purposes subject to payment of a further fee in line with current licensing rates to be mutually agreed between the illustrator and client.
The licence hereby granted to use the artwork is contingent upon Burning Plains Cartoons having received payment in full of all monies due and no reproduction or publication rights are granted unless and until all sums due under this agreement have been paid.
The licence hereby granted is personal to the client or the client’s customer (where the client is acting as an intermediary) and the rights may not be assigned or sub-licensed to third parties without Burning Plains Cartoons prior consent.

Payment

A credit check will be carried out on the client before authorisation of an account with Burning Plains Cartoons.
Full payment is required 30 days from receipt of invoice, with a 2% discount of the full amount if all monies owed are paid within 10 days from receipt of invoice.
Failure to meet these requirements will result in you being charged interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) under the Late Payment of Commercial Debts [Interest] Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
Further failure to meet these requirements will result in the case being handed over to a collection agency at the discretion of Burning Plains Cartoons.

Cancellation

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.

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.

Delivery

Burning Plains Cartoons shall endeavor to deliver the artwork to the client by the agreed date 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 commission without payment in the event of failing to meet the agreed date.
Burning Plains Cartoons SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.
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 Burning Plains Cartoons with 21 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.

Approval/ Rejection

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.

In the event of rejection, ownership of all rights granted under this agreement shall revert to Burning Plains Cartoons unless the artwork is based on the client’s visual or otherwise agreed.

Changes

If the client changes the brief and requires subsequent changes, additions or variations, Burning Plains Cartoons may require additional consideration for such work. Burning Plains Cartoons may refuse to carry out changes, additions or variations which substantially change the nature of the commission.

Warranties

Except where artwork is based on reference material or visuals supplies by the client or where otherwise agreed, Burning Plains Cartoons warrants that the artwork is original and does not infringe any existing copyright and further warrants that we have not used the artwork elsewhere unless clearly stated.
The client warrants that any necessary permission have been obtained for the agreed use of reference material or visuals supplied by the client or its customers and shall indemnify Burning Plains Cartoons against any and all claims and expenses including reasonable legal fees arising from Burning Plains Cartoons use of any materials provided by the client or its customer.

Ownership of artwork

Burning Plains Cartoons shall retain ownership of all artwork (including roughs and other materials) delivered to the client.
Burning Plains Cartoons original artwork shall not be intentionally destroyed, damaged, altered (other than resizing), retouched, modified or changed in any way whatsoever without the written consent of Burning Plains Cartoons. Any post processing, including resizing, must not overly degrade the quality of the artwork. Burning Plains Cartoons reserve the right to demand replacement of any images which are deemed to be of insufficient quality.
Where hardcopies are submitted the client shall return all artwork to Burning Plains Cartoons 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 right granted with the artwork.
If the artwork is lost or damaged at any time whilst in the clients custody (which shall mean any time between delivery of artwork to the client and its safe return to Burning Plains Cartoons) the client shall pay compensation to Burning Plains Cartoons for the loss/damage of the artwork at a rate to be agreed or, in default of agreement, decided by the Ethics Committee of the Association of Illustrators.
The client shall not be liable for any consequential loss or damages arising from loss or damage to the artwork.

Credits/ Moral Rights

The Client shall ensure Burning Plains Cartoons is credited in any editorial use of the artwork. Credits for non-editorial use not required unless so indicated on the front of the form.
Burning Plains Cartoons hereby waives the right to injunctive relief for breaches of the right of integrity and the right of paternity.

Liability

Burning Plains Cartoons does not accept the liability or responsibility for any offence caused by, or any civil or legal action arising from, the use or display of any Artwork or other related material.

Samples

Unless otherwise agreed, Burning Plains Cartoons shall be entitled to receive not less than four proofs of printed copies of the work.

Notices

All notices shall be sent to Burning Plains Cartoons 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.

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Copyright ©2005 Burning Plains Cartoons. No unauthorised use of the image(s) contained on this site may be used for reproduction in any media form without prior consent from the copyright owner.