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 Artist’s 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.

 

 

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