- Intellectual property.
– Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, the Illustrator warrants that the artwork is original and does not infringe any existing copyright and further warrants that she/he has not used the artwork elsewhere.
– The Client has the responsibility of credit me for the work and proportionate my contact data as Igzell, even when the commercial rights don’t belong to me anymore.
– 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.
– The Illustrator can use the illustration for self-promotion purposes when the project has been published.
– Under no circumstances The Client is allowed to train any artificial intelligence model with any of my deliveries, from sketches to finished art, for any motive. Incurring into this action will cancel the contract with no refund no matter the stage and it can lead to legal actions.
- Grant of rights.
– Ownership of the copyright does not mean ownership of artwork. It means The Illustrator can’t use the image commercially but she still can use it for exposure purposes.
– For this project, copyright is not included with no main layered files. Any changes in the design, illustrations or layout must be done by The Illustrator. If main files are needed, they will have an additional price of -USD.
– The Client shall ensure the Illustrator is credited in any use of the artwork. Minimal credit use should be the name “Igzell”. The license hereby granted is personal to the Clients and the rights may not be assigned or sub-licensed to third parties without the Illustrator’s consent.
- Client responsibilities.
The Client has the following responsibilities to be sure the design is going in the right path:
– To provide all the information required.
– To provide the correct information. I will take no responsibility if the given information is incorrect or misspelled.
– The Illustrator shall be entitled to receive not less than two proofs or printed copies of the work, in case it gets published in printed media.
– To give feedback as fast as possible, specially if deliveries are fast. Not doing a follow up will result in a delay in delivery time if there’s a deadline.
– The Client warrants that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the Client or its customer and shall indemnify the Illustrator against any and all claims and expenses including reasonable legal fees arising from the Illustrator’s use of any materials provided by the Author or its customer.
– No matter if the upfront payment has been made, the time process starts when both aspects, payment and data are on the Illustrator’s hands.
– If the project or anything linked to the illustrations where the art is sold reaches a profit of 30,000USD or more, a 3% of any future profits from that point belong to the artist and should be paid monthly.
- Artist Responsabilities.
– Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, the Artist warrants that the artwork is original and does not infringe any existing copyright and further warrants that she/he has not used the artwork elsewhere.
– To provide a sketch before doing any further rendering and make as many changes needed in this stage.
– To ensure the process is made without the use of any artificial intelligence in the making of the piece.
– To be professional and deliver with the agreed time in case there’s a deadline.
- Revisions.
The Client has the right to make 3 revisions and adjustments through all the process, starting with the sketch approval. An extra correction beyond the established ones will represent an additional 10% fee each.
If the revision is strongly different to what has been agreed in the process, The Illustrator can add a new price depending on the difficulty and, if agreed, full payment of the difference must be covered to continue.
- Payment.
For this project, payment is expected upfront. Payment will be done via Wise.Payment via Paypal would add a 15% extra.
- Cancellation.
If The Client wants to prematurely terminate the commission, there will be a cancellation fee for the paid block:
If there is a 0% – 50% progress, there would be a 50% fee.
If there is a 51% – 100% progress, there’s no refund.