Terms and Conditions for commissions
1. Application and Entire Agreement
1.1. These Terms and Conditions apply to the provision of commissioned artwork and related services (“Services”) by Nichola Eddery trading as Nichola Eddery (“the Artist”, “we”, “us”) to the Client (“you”).
1.2. These Terms and Conditions are deemed accepted upon confirmation of a commission booking, payment of a deposit, or commencement of work, whichever occurs first. Together they constitute the entire agreement between the Artist and the Client (“the Contract”).
1.3. The Client acknowledges that they have not relied upon any statement, representation, or promise not expressly set out within this Contract. These Terms apply to the exclusion of any other terms the Client seeks to impose or incorporate.
2. Interpretation
2.1. Headings are included for convenience only and do not affect interpretation.
2.2. Words importing the singular include the plural and vice versa.
3. Services
3.1. The Artist shall use reasonable care, skill, and professional judgement in the creation of the commissioned artwork and related Services.
3.2. The Artist reserves the right to make reasonable adjustments to the Services where necessary to comply with applicable law, safety requirements, or practical considerations. Any significant changes will be communicated to the Client.
3.3. Any estimated completion dates are provided in good faith. However, time shall not be of the essence and the Artist shall not be liable for reasonable delays inherent in the creative process.
3.4. The Client acknowledges that each artwork is created individually by hand and that adequate time is required to ensure the highest standard of workmanship.
4. Client Obligations
4.1. The Client agrees to provide all relevant information, reference material, approvals, and reasonable cooperation required for the completion of the commission.
4.2. The Client agrees to respond to communications in a timely manner to avoid unnecessary delays to the commission process.
5. Reference Photographs
5.1. Where the Artist agrees to work from photographs supplied by the Client, the Client must provide suitable high-resolution reference images.
5.2. The Client confirms they have permission to use any supplied photographs and accepts responsibility for ensuring no copyright or third-party rights are infringed.
5.3. The quality and accuracy of the final artwork are dependent upon the quality of the reference material provided.
6. Commission Process
6.1. Following payment of the deposit, arrangements will be made either to meet the subject or to review the supplied photographic references.
6.2. A final composition and overall concept will be agreed before commencement of the artwork. Approval of the composition constitutes acceptance of the proposed arrangement and design.
6.3. During the commission process, the Artist may provide progress updates and estimated completion timelines where appropriate.
6.4. Upon completion, a digital preview of the artwork will be provided. At this stage, only minor adjustments may be requested at the Artist’s discretion.
6.5. Significant alterations or compositional changes requested after commencement may incur additional fees or may not be possible.
7. Fees
7.1. Fees for Services are outlined within the written quotation provided to the Client. Quotations remain valid for 30 days from the date issued.
7.2. Additional expenses associated with the commission, including but not limited to travel, travel time, framing, shipping, printing, or specialist services, shall be charged separately unless otherwise agreed in writing.
7.3. UK travel and travel time are charged at £25 per hour unless otherwise agreed. International travel arrangements and fees will be discussed separately.
7.4. Framing coordination, print organisation, or related administration services are subject to an additional £25 service fee plus any travel costs and cost of the relevant supplier services.
7.5. Any additional services requested outside the agreed scope of the commission may be charged at the Artist’s current applicable rate.
7.6. All fees are exclusive of VAT or any applicable taxes unless stated otherwise.
8. Payment
8.1. All payments must be made in British Pounds Sterling.
8.2. A non-refundable deposit of 50% of the agreed commission fee is required to secure a commission booking.
8.3. The remaining balance becomes payable upon completion of the artwork and prior to collection, delivery, or shipping.
8.4. Final invoices are payable within 31 days of issue unless otherwise agreed in writing.
8.5. Payment by instalments is not accepted unless agreed in advance and confirmed in writing by the Artist.
8.6. Accepted payment methods include Bank Transfer and PayPal.
8.7. The Artist reserves the right to suspend work, withhold delivery, or cancel future Services where payment obligations are not met.
9. Cancellation, Suspension and Termination
9.1. If the Client cancels the commission after work has commenced, all deposits paid shall remain non-refundable.
9.2. Depending upon the stage of completion, the Artist reserves the right to charge up to the full agreed commission fee.
9.3. If the Client fails to respond to communications for a continuous period of 30 days, the Artist may issue a written notice requesting contact. If no response is received within a further 7 days, the Artist reserves the right to terminate the commission and retain all deposits paid.
9.4. The Artist reserves the right to refuse, suspend, or terminate the Services in cases of abusive, inappropriate, or threatening behaviour.
9.5. The Artist may terminate the Contract immediately where the Client fails to make payment by the agreed due date.
9.6. The Artist reserves the right to withdraw or amend the Services where circumstances beyond reasonable control make continuation impractical or impossible.
10. Copyright and Usage
10.1. Copyright and all intellectual property rights in the Artwork remain with the Artist in accordance with the Copyright, Designs and Patents Act 1988.
10.2. The Artist reserves the right to display, reproduce, and publish images of the Artwork for portfolio, website, exhibition, editorial, marketing, and social media purposes unless otherwise agreed in writing prior to commencement of the commission.
10.3. The Client retains ownership of the physical Artwork upon full payment.
10.4. The Client may share images of the Artwork for personal and non-commercial purposes provided appropriate credit is given to Nichola Eddery.
10.5. No reproductions, prints, publications, commercial usage, or licensing of the Artwork may take place without prior written permission from the Artist.
11. Framing, Delivery, Insurance and Aftercare
11.1. The Artist recommends that Clients arrange their own framing and print services where possible. However, Nichola Eddery may suggest trusted framers and printers or assist with arrangements at the Client’s request. Any framing, printing, coordination, shipping, or associated third-party costs remain the responsibility of the Client.
11.2. The Client may collect the Artwork directly from the Artist’s studio by prior arrangement, or the Artist may organise delivery or shipping on the Client’s behalf.
11.3. The Client is responsible for any travel expenses incurred by the Artist in connection with delivery.
11.4. All shipping, courier, packaging, customs, insurance, and delivery costs are payable by the Client.
11.5. Risk and responsibility for the Artwork transfer to the Client upon collection, delivery, or dispatch from the Artist’s studio.
11.6. The Client is responsible for arranging any desired insurance after the Artwork leaves the Artist’s possession.
11.7. While every reasonable effort is made to package and dispatch artwork safely, the Artist shall not be liable for damage occurring during third-party transportation or shipping.
11.8. The Client is responsible for the ongoing care and appropriate display conditions of the Artwork.
11.9. Oil paintings may receive a temporary retouch varnish upon completion. Final varnishing is typically recommended approximately six months after completion and remains the responsibility of the Client to arrange if desired.
11.10. The Artist cannot guarantee exact colour accuracy between digital previews and the final physical Artwork.
12. Moral Rights
12.1. The Artist asserts her moral right to be identified as the author of the Artwork in accordance with Sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
13. Artist’s Resale Right
13.1. The Artist may be entitled to resale royalties under the Artist’s Resale Right Regulations 2006 should the Artwork later be resold qualifying under those regulations.
14. Circumstances Beyond Reasonable Control
14.1. Neither party shall be liable for delay or failure to perform obligations where such delay or failure results from events beyond reasonable control, including but not limited to illness, injury, natural disaster, fire, flood, industrial action, war, terrorism, governmental action, or interruption to utilities or transport.
14.2. If such circumstances continue for more than 90 days, either party may terminate the Contract upon written notice.
15. Communications
15.1. All formal notices and communications relating to the Contract must be made in writing via email.
15.2. Notices shall be deemed received when successfully transmitted to:
nichola@nicholaeddery.com
16. No Waiver
16.1. No delay or failure by either party to exercise any right or remedy shall constitute a waiver of that or any other right or remedy.
17. Severance
17.1. If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be deemed severed and the remaining provisions shall remain valid and enforceable.
18. Governing Law and Jurisdiction
18.1. This Contract shall be governed by and interpreted in accordance with the laws of England and Wales.
18.2. Any disputes arising under or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.