Commission Agreement Terms & Conditions

1. This Commission Agreement is entered into effective the date that the Client purchases the 'Custom Illustrated Song' listing ('The Listing'). By purchasing the Listing, the Client agrees to all these Terms & Conditions, and all the instructions and terms contained in the Listing description at the time of the purchase. All references to the Client in this Agreement shall include Client's parent companies, affiliates, and subsidiaries.

2. This Agreement applies to any printed image, digital illustration, drawing or any other type of image - digital or printed - created by Barbara Ana Gomez ('The Illustrator') and delivered to the Client, collectively known as 'Artwork'. This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.

3. The copyright of the Artwork delivered to the Client shall be retained by the Illustrator. All rights reserved by the Illustrator.

4. The Artwork shall be used by the Client for private use only. The Client will not sell the Artwork, make copies of it - totally or partially - or use it with commercial interest or for promotional purposes.

5. All rights in the usage and licensing of the Artwork shall remain exclusive ownership of the Illustrator, including but not limited to, any distribution rights, electronic rights and all rights in sketches, comps or other preliminary materials.

6. If a commission is cancelled by the Client, the Client will get a refund as follows: (i) 75% of the price paid if the commission is cancelled before delivery of roughs; (ii) 50% of the price paid if the commission is cancelled at the rough stage; (iii) no refund if the commission is cancelled on the delivery of the final artwork; (iv) pro rata if the commission is cancelled at an intermediate stage.

7. The Illustrator shall use her best endeavours 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 cancel the commission and claim for a full refund in the event of the Illustrator failing to meet the agreed date, unless the delay is caused by the Client being unresponsive or too slow in their communications, or by any other reasons out of control of the Illustrator that may cause a delay in the process.

8. The Illustrator shall not be liable for any consequential loss or damages arising from late delivery of the Artwork.

9. 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 the Illustrator within 21 days of delivery of Artwork it shall be conclusively presumed that the Artwork is acceptable.

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

11. 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.

12. All notices shall be sent to the Illustrator and to the Client via email. Each party shall give written notification of any change of their contact details to the other party prior to the date of such change.

13. 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.

14. If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.

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