Terms & Conditions
OVERVIEW
The Artwork
STUDIO A.N.D. always owns the original artwork unless specified in writing. If the client wants ownership of the original artwork a further fee shall be negotiated. Ownership of artwork does not mean ownership of copyright. Any loss or damage to the artwork while in the client’s care shall be charged at the full price of the artwork.
Copyright
STUDIO A.N.D always retains copyright. STUDIO A.N.D is responsible for obtaining the copyright for any material she supplies. STUDIO A.N.D is allowed to use any image she has created for self-promotion.
Delivery
STUDIO A.N.D will keep to all agreed deadlines if the client keeps to its deadlines. If there are any delays in briefing of the work, supplying of reference material, or approval of drafts, the Artist can not guarantee keeping to the initial deadline, and will not be held responsible for any losses incurred by missing the deadline.
STUDIO A.N.D can not be held responsible for the loss of artwork by a third party.
Cancellation
In the event of cancellation or breach by the Client, STUDIO A.N.D shall retain ownership of all rights of copyright, including final original artworks, sketches, and other preliminary materials. The Client shall pay STUDIO A.N.D according to the following schedule: 25% of agreed fee if cancelled before delivery of the initial stage of designs. 75% of agreed fee if cancelled after approval initial designs and delivery of advanced stage of designs. 100% of agreed fee if cancelled after delivery of finished artwork.
Alterations
Alteration to artwork shall not be made without consulting STUDIO A.N.D. She shall be allowed the first option to make alterations when possible. After acceptance of artwork, if alterations are required, an additional payment shall be charged over the original amount. Any alterations to the artwork by anyone other than STUDIO A.N.D must have permission in writing.
Revisions
Revisions not due to the fault of STUDIO A.N.D shall be billed separately.
Credit Lines
On any contribution for online, magazine or book use, STUDIO A.N.D shall receive name credit in print.
Commencement of Project
The Project will officially begin once a Downpayment is made.
Release of Final Artwork
Final Original Works / High-Resolution Files shall be handed over to the client once the full payment has been made.
Acceptance of Terms
By submitting an order, and paying a project deposit with STUDIO A.N.D the Client accepts these terms and conditions as binding.
1. GENERAL
(a) These terms and conditions (Terms) form the agreement under which you hire services from A.N.D. Studio
(d) You accept these Terms when You pay the deposit.
(e) You accept the deposit by:
(i) Transferring 50% of the total service fee into A.N.D. Studio’s nominated account
(f) In accepting the deposit You warrant that You have been issued with a current copy of these Terms and have read and agree to be bound by them.
(g) These Terms are governed by and interpreted in accordance with the laws of New South Wales, Australia.
(h) These Terms may not be varied except in writing and signed by authorised personnel of both parties.
2. CANCELLATION OR TERMINATION OF SERVICE BY THE CLIENT
(a) Subject to subclause (b) below, an Order or part of an Order may be cancelled by providing written notice to Us, unless otherwise agreed by both parties in writing. For the avoidance of doubt, the termination of a particular Order will not operate to terminate any other Orders or these Terms and any sums due to a party under subclause (c) will immediately become payable.
(b) If for any reason the service cannot continue, you agree to indemnify Us against our reasonable losses in connection with the cancellation of the service. Our genuine pre-estimated loss includes:
(i) A non-refundable 50% project deposit;
(ii) or a sum agreed to by A.N.D. Studio and the client.
3. CANCELLATION OR TERMINATION OF SERVICE BY A.N.D. STUDIO
(a) We may elect to terminate the Agreement with You by notice in writing to You, if any of the following events occurs:
(i) You commit a breach of any of these Terms and fail to remedy the same within thirty (30) days of being required to do so by written notice; or
(ii) You suffer an event of insolvency as defined by the Corporations Act; or
(iii) a trustee in bankruptcy is appointed to You and Your assets.
(b) Termination will not affect the parties' rights and obligations prior to the date of termination and, notwithstanding any such termination, each party will remain fully responsible and liable for all charges, expenses and costs incurred or earned as at the date of termination.
(c) Termination will not affect any clauses of these Terms which by their nature are designed to survive or operate in the event of the termination, and will not prejudice the rights of either party in respect of any breach prior to termination.
(d) We may (without prejudice to any of its other rights) without previous notice to You, terminate our services if any of the following events occurs:
(i) Where You are a corporation, You go into liquidation or have an official manager or receiver appointed or petition for a winding up made to the court;
(ii) Where You are a natural person You become insolvent or bankrupt or commits an act of bankruptcy or makes an assignment for the benefit of a creditor;
(iii) You fail to pay the whole or any part of the service Price for the hire or any other charges of the Studio or for any other equipment or services supplied to You by Us when due;
(v) You breach any other term of this Agreement.
(vi) A.N.D. Studio deems the service is to be cancelled, or terminated.
(e) You must pay to Us any costs incurred by Us following termination.
(f) You irrevocably appoints Us (and as We are a company, You appoint each director, manager and secretary attorney or agent for the time being of Us severally and every receiver of Us severally) Your attorney for the purpose of doing all acts and things which under these Terms are to be done by You or which We are authorised or empowered to do so as to give effect to these Terms.
ALL WORK DESIGNED AND DELIVERED BY A.N.D IS OWNED BY A.N.D UNLESS STATED OTHERWISE.