Terms and Conditions

 

Standard Terms and Conditions

Terms and conditions are subject to change based on the requirements of each project.

Payment Terms

Direct online bank transfer preferred, cash also accepted.

 30% of the total fee is due prior to commencing date of the Project (any or all artworking of Goods).

70%  of the total fee is due no later than 7 days after completion of the final Project (delivery of Goods).

All rush jobs will require an additional fee of £25.00.

 The Artist and the Client understand that the Artist can and will exercise their right to claim statutory interest at a rate of 8%, as well as any compensation for debt recovery costs under the prevailing Late Payment Legislation.

 Under the Supply of Goods and Services Act 1982 any lack of payment that is due by the Client will give the Artist the right to enter the premises of the Client to repossess and/or paint over the Project done by the Artist. Artist will not be restricted from covering over or removing the Goods, with no exceptions.

 Project

The manner and method in which the Project is executed is at the sole discretion of the Artist. The Artist will use all reasonable efforts to ensure that the finished Project conforms to the agreed proposal.

Any minor alterations to the agreed Project artwork that the Artist deems necessary may be made with no further consultation provided that such changes do not materially alter the design concept and are at no extra cost to the Client.

 Once the work on the final artwork begins any alterations requested by the Client will be subject to a cost of £50 per hour.

 The Artist will endeavour to use the best quality materials available in the area within a reasonable price range.

  After the Client has paid the deposit to the Artist, then the client is entitled to two additional redrafts of the original proposal. Any further redrafts will be subject to a cost of £50.00 per redraft. For the avoidance of doubt a redraft includes any changes whatsoever the client requests to the initial design.

 Full working days are 8 hours long, anything over 4 hours is charged as a full day rate. Half day rate minimum. Estimated labour cost subject to change based on hours worked for the Client.

 Performance

The Artist shall not accept responsibility in respect of the installation of any Goods or as to the ultimate performance of any product in which the Goods may be installed or which the manner in which the Goods are to be utilised. The Artist shall in no way be liable for any direct or consequential damage, loss of expense arising from any defect or inefficiency caused by the manner in which the Goods are used.

 Relationship of the Parties

The parties agree that the Artist is an independent contractor and that the Artist shall not be deemed to be an employee of the Client. No agency, partnership, joint venture or employer-employee relationship is intended to be created by this Agreement. Neither party is authorised to act as an agent of the other party. No work created during the course of the project shall be deemed as a work for hire. The Artist still retains moral rights over the Goods.

 Building Regulations

Where applicable, it is the responsibility of the Client to ensure that any Goods ordered from the Artist comply with the prevailing Building Control Regulations & Listed Building Consent.

Glass Works

The Artist does not accept responsibility for damage to glass. The Artist assumes glass is in proper condition for works to be completed on.

Glass Gilding and Written maintenance

Cleaning of glass writing must be done using: Soft cloth – water and 5% white vinegar. NEVER use rubber blade over glass writing. ALWAYS keep windows free of condensation post writing. No courtesy repairs will be undertaken if cleaning blades have been used to clean the Artists written windows.

 Intellectual Property Provisions

All Goods created by the Artist are original artworks and therefore are still under ownership of the Artist unless authorised to be reproduced. It must NOT be used or converted by any other party unless written permission is granted or purchased with a license. Until the Project is completely paid for by the Client, ALL artwork, art, signs, murals, or decoration of any kind belong to the Artist. Upon clearing any outstanding payments to the Artist, only then is the Client granted exclusive rights to use the Goods as stated in the Project. All artwork provided by the Client to the Artist in request of it being replicated is assumed to be within the artworks legal usage and therefore the Client holds responsibilities regarding any copyright infringement.

 Transfer and Assignment

The Client may not transfer or assign this agreement to any third party unless the Artist expressly agrees.  Only following completion of the Project and payment in full, the Artist grants the Client the right to enlist a third party of suitable skill and ability to carry out any routine maintenance to the Project providing always that no changes or alterations are made to the original, completed design.

 Cancellation

In the event that the Client decides to cancel the Agreement after work on the final piece has been started the full Fee will still be payable. In the event that the client decides to cancel after signature of this Agreement but at least 48 hours prior to commencement of work on the final piece then 50% of the Fee shall be payable. If the Artist decides to cancel the project prior to commencement of work on the final piece then the Client’s deposit will be refunded in full.

 Waiver

Any failure by the Artist to enforce any or all of these Conditions shall not be construed as a waiver of any of the Artists rights as outlined in these Conditions.

 Client

The Client warrants that all relevant information relating to the Goods of the Project which has been forwarded to the Artist in verbal, writing or electronic communication is full and accurate.

 Limitation of Liability

­­The Artist’s liability howsoever arising and not withstanding that the cause of loss or damage be unexplained shall not exceed the value of any Goods lost or damaged.

Any claim by the Client against the Artist arising in respect of any Goods provided for the Client or which the Artist has undertaken to provide all be made in writing and notified to the Artist within 14 days of the date upon which the Client became or should have become aware of any event or occurrence alleged to give rise to such claim.

 Agreement

Any verbal, written or electronic communication to the Artist by the Client is understood to be a binding acceptance of these terms and conditions in full..