Terms and Conditions for commissions
1. Application and entire agreement
1.1. These Terms and Conditions apply to the provision of commissioned artwork (Services) by Nichola Eddery trading as Nichola Eddery (we or us) to the Client buying the services (you).
1.2. You are deemed to have accepted these Terms and Conditions when you book our Services or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions (the Contract) is the entire agreement between us.
1.3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.1. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
2.2. Words imparting the singular number shall include the plural and vice-versa.
3.1. We warrant that we will use reasonable care and skill in our performance of the Services, including any specification in all material respects. We can make any changes to the Terms and Conditions and Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
3.2. We will use our reasonable endeavours to complete the performance of the Services within the time agreed; however, time shall not be of the essence in the performance of our obligations.
3.3. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
4. Your obligations as the Client
4.1. You must provide us with access to any and all relevant information, and any other matters which we need to provide the Services.
4.2. You must agree not to be impatient and rush the process.
5. Photo Provision
5.1. If we agree to work from your photographs, you are required to provide high resolution and suitable photographs for the commission work to be produced. You must have permission to use such photographs and it is your responsibility to not breach any copyright laws.
6. Commission Process
6.1. After the deposit is paid, a date for meeting the subject will be agreed unless photographs are provided by you.
6.2 We agree on the final composition.
6.3. After the commission commences we will provide updates of the progress and provide a more accurate date for completion.
6.4. Once the Artwork is complete and a digital photo of finished artwork is emailed, and you can at this stage only request very minor adjustments to be made.
7.1. Fees for services to be provided by us are defined in the price quotation that you will receive, upon request, via email. Quotations are valid for a period of 30 days. We reserve the right to alter or refuse to honour a quotation after expiry of 30 days.
7.2. You agree to reimburse us for any additional expenses incurred for the completion of the work. This involves, travel, travel time, framing, shipping, and prints. For travel and travel time the charge is £25 per hour for commissions in the UK and for commissions abroad this will need to be discussed. To organise framing, prints and cards it is an additional £25 per service plus the cost of the services. A quote will be provided for shipping.
7.3. You must pay us for any additional services provided by us that are not specified on our Website in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 17 also apply to these additional services.
7.4. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
8.1. All payments must be made in British Pounds unless otherwise agreed in writing between us.
8.2. We require a 50% deposit from you to confirm a commission slot. This deposit is non-refundable.
8.3. You agree an invoice will be issued by us upon completion of the artwork and before collection/delivery. Invoices are sent via email from firstname.lastname@example.org or email@example.com. Payment must be made in full within 7 days of invoice. Please note, unless specifically agreed to by both parties prior to the issuing of an invoice, we do not accept payment in part or via instalments.
8.4. We accept payment by the following methods: Bank Transfer or PayPal.
8.5. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
8.6. A payment receipt can be issued on request.
9. Termination and Amendment
9.1. If you choose to terminate the services of Nichola Eddery after agreeing a commission arrangement but before the commissioned project is complete, we reserves the right to retain any non-refundable deposits paid. Depending on the stage of completion, we reserve the right to charge up to 100% of the agreed price for the project.
9.2. If communication breaks down on the part of the Client for a period of 30 days (that is, you fail to reply to a communication from us) we will issue a warning email. If this warning email is not replied to (and communication does not resume) with a following period of 7 days, we reserve the right to to terminate the commission. In this event, all deposits paid will be retained by Nichola Eddery and the commission will be cancelled. If you wish to continue the commission at a later date they will be required to request a new project quotation, and pay a further non-refundable deposit.
9.3. We can withdraw, cancel or amend the Services. If due to circumstances beyond her control, including those set out in the clause below (Circumstances beyond a party's control), we make any change to the Services or how they are provided, she will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
9.4. We reserve the right to refuse or abandon the Services in the event of abusive, or threatening behaviour by the Client. In such an event, we reserve the right to retain any non-refundable deposits paid. Depending on the stage of completion, we reserve the right to charge up to 100% of the agreed price for the project.
9.5. We can terminate the provision of the Services immediately if you: fail to make pay any amount due under the Contract on the due date for payment.
10.1. We retain the copyright to the artwork even if created from your photograph. We will not reproduce the Artwork and its usage will not be allowed on any other website apart from Nichola Eddery's website and Nichola Eddery's social media pages.
10.2. We reserved the right to display the artwork on our website and social media pages. If you are unhappy about the artwork being displayed, you must declare this upon placing the commission.
10.3. You retain ownership of the artwork but must obtain permission to share the artwork on social media. If you wish to make any reproductions of the Artwork then this must be agreed before the commission and arranged through us only.
11. Insurance & Aftercare
11.1. You are responsible for insuring the commissioned artwork upon leaving Nichola Eddery's studio. Nichola Eddery is not responsible for any damage once the artwork has left her studio/possession and during delivery whether it be us or shipping company.
11.2. You are responsible for the after care of the commissioned artwork.
11.3. We will apply a retouch varnish (temporary protective layer) to the completed artwork, but the final varnish for oil painting is done 6 months after completion and this will be dependant upon the owner of the commissioned art to organise.
12. Moral rights
12.1. The Artist asserts to the Client, the Client’s assigns and the Client’s successors in title her moral right to be identified as the author of the Pictures (including without limitation her right to be identified in the event of any public exhibition of the Pictures) in accordance with the Copyright, Designs and Patents Act 1988 Sections 77 and 78.
13. Artist's resale right
13.1. If the Client or the Subjects or either of them sells the Pictures, the Artist may be entitled to a royalty pursuant to the Artist's Resale Right Regulations 2006.
14. Circumstances beyond a party's control
14.1. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause, that is beyond the reasonable control of that party. Such causes include, but are not limited to illness, injury, power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
15.1. All notices under these Terms and Conditions must be in writing.
15.2 Notices shall be deemed to have been duly given when transmitted by email, firstname.lastname@example.org and successfully received by us.
16. No waiver
16.1 No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop the further exercise of any other right, or remedy.
17.1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
18. Law and jurisdiction
18.1. This Contract shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Contract (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.