TERMS AND CONDITIONS
Definitions. For the purpose of
this agreement 'the Client' means individuals / companies who accept
a quotation of the Artist for the creation of a certain illustration
or illustrations and shall, where the context so admits, include their
respective assignees, sub-licensees and successors in title. 'The Artist'
means 'Pok Ching Hai', the proprietor whose name and address appears on
the agreement. 'Illustration' means all artwork furnished by the Artist,
whether in the form of original mastercopies, transparencies, printouts,
or digital images contained in compact discs. 'Conditions' means the
terms and conditions of the assignment of illustration set out in this
document and any special terms and conditions agreed in writing between
the Client and the Artist.
1. Copyright and Ownership. (1) Ownership of all
local and international copyright in the Illustration is retained by
the Artist save for expressed agreement in writing to the contrary.
(2) Rights to the Illustration may not be released or assigned to any
third party unless a mutual agreement has been reached between the Artist
and the Client. (3) The Client has the option to purchase all rights
to the original Illustration.
2. Usage. (1) No usage rights will be granted
until full payment has been made or if any of the Conditions has been
breached. (2) Usage is for Singapore only, unless otherwise stated in
the agreement. (3) A reasonable duration of one calendar year is granted
for first usage, after which time an additional charge will apply. (4)
Additional charges will also apply for usage not stated in the invoice.
(5) If Client wishes to make any additional uses of the illustration,
Client agrees to seek permission from the Artist and make such payments
as are agreed to between the parties at that time.
3. Amendments. (1) There will be no charges for
amendments to Illustration if due to the Artist's technical error. (2)
The Client will bear the additional cost of amendments to Illustration
if it is requested by the Client or the Agency during or after completion
of the assignment due to change of concept and/or layout, or addition
of specific instructions.
4. Expenses. The Client shall pay all quoted expenses
and all expenses arising from any alteration of the original job description.
5. Orders. (1) The quantity, quality and description
of and specification for the Illustration shall be those set out in
the Artist's quotation. (2) No order submitted by the Client shall be
deemed to be accepted by the Artist unless and until confirmed by the
Artist in writing. (3) No order which has been accepted by the Artist
may be cancelled by the Client except with the agreement in writing
of the Artist and on the terms that the Client shall indemnify the Artist
in full against all loss, cost (including the hourly professional illustration
fee and material cost), damages, charges and expenses incurred by the
Artist as a result of cancellation.
6. Cancellation. In the event of a cancellation
before the completion of the Illustration regardless of the level of
progress the Client shall pay 50% of the Artist's fee. The Client will
pay the Artist in full once the Illustration is delivered. The deposit
or any payment made as liquidated damages arising out of such a cancellation
will be retained by the Artist and the balance of the outstanding sum
shall be settled by the Client within 30 days upon date of cancellation.
7. Overtime and Weekend Assignments. In the event
an assignment is to be delivered on urgent basis which requires the
Artist to work beyond eight consecutive hours, including meal time,
and/or work during Sundays and official public holidays, the Artist
may charge a higher fee rate.
8. Payment. The Client agrees to pay the Artist
within thirty days of the date of Artists billing, which shall
be dated as of the date of delivery of the Illustrations. In the event
that work is postponed at the request of the Client,the Artist shall
have the right to bill pro rata for work completed through the date
of that request, while reserving all other rights under this Agreement.
The Artist reserves the right to charge a 8% surcharge per month on
the amount outstanding after 30 days.
9. Insolvency. (1) This clause applies if: (a)
the Client (being a company) becomes subject to an administrative order
or goes into liquidation; or (b) a receiver is appointed; or (c) the
Client ceases or threatens to cease carrying on business. (2) If this
clause applies then, without prejudice to any other right or remedy
available to the Artist, the Artist shall be entitled to cancel the
contract or suspend any further execution of Illustration without any
liability to the Client, and if the Illustration have been delivered
and not paid for, the price shall become immediately due and payable
notwithstanding any previous agreement or agreement to the contrary.
10. Indemnity. The Client shall indemnify and
hold the Artist harmless against all claims, liabilities, damages and
expenses incurred directly or indirectly in connection with any third
party claim arising from the usage of the Illustration.
11. Proper Law of Contract. The respective rights
and obligations of the parties with regard to the Conditions and the
agreement shall be governed by the law of Singapore.