Terms and Conditions
By using any service of Skittlesketch you (the client) agree to be bound by the terms and conditions listed below. Any participation in this service will constitute acceptance of this agreement.
These terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or agree to the commencement of any work with Skittlesketch. If you do not agree to abide by these terms and conditions, please do not use this service.
If you do not understand any part of these terms and conditions or you need further clarification on any of the points within this document, please contact me by email at: firstname.lastname@example.org
Molly/Illustrator/me/I, trading as Skittlesketch
The Client = You, the organisation, person, group, company, commissioning Skitlesketch.
Project = All work/services undertaken by Skittlesketch for the client.
Third Parties = Any other person/organisation/group/company.
Terms of Agreement = The agreed terms prepared by Skittlesketch documenting the deliverables and duties of both Skittlesketch and the client, before commencement of a project.
Consultancy = Advice given within my field of expertise.
Prepaid = Services paid for in advance of completion
Revisions = Any minor adjustments, minor ‘tweaks’ or minor changes, deemed necessary by the client.
3. Commencement of Work
a) The client acknowledges that they have had the opportunity to carefully read through these terms and conditions before any project commences.
b) The client accepts that these terms and conditions supersede that of their own or of any other.
c) The client has authority and permission to commission the services of Skittlesketch for and on behalf of themselves, their organisation, business, group or associates, as appropriate.
d) Unless otherwise agreed in the brief, in writing and prior to commencement of the project, Skittlesketch does not include any extra costs associated with or liaising with, any client third parties. For example, other illustrators, copy writers, printers, designers, editors or website developers.
e) All communication by both parties is undertaken remotely, through email, messenger services, SMS, telephone or Skype etc. Unless otherwise agreed in writing. Any requested in person (face-to-face meetings) will be agreed and scheduled prior to the commencement of each project. In person meetings are subject to an extra charge by Skittlesketch at an hourly rate of $57.49. Depending upon the meeting location and travel logistics, Skittlesketch may also levy a charge to the client for reasonable travel/accommodation expenses.
f) Skittlesketch reserves the right to refuse to undertake any project that is deemed illegal or immoral.
a) The client has the right to cancel or terminate any project at any time.
b) In the unlikely event that Skittlesketch should suffer from reasonable circumstances beyond their control, (such as; illness, acts of God, personal trauma, technical difficulties etc.) that may render the project incomplete or delayed. In this circumstance, Skittlesketch reserve the right to request that the client agrees to either:
Reschedule the project consultation, project deadline or agreed completion date.
Allow Skittlesketch to outsource the project to another illustrator for completion. In this instance, the project will be outsourced under these terms and conditions and at no extra charge to the client.
5. Project Process
a) Skittlesketch may need to discuss the project, ideas, seek answers to questions or refer to the client throughout the project process.
b) It is agreed that it is the responsibility of the client to ensure that the brief provided is completed and sent to Skittlesketch providing the relevant and correct information (including, text, logos, photographs, etc.) as reasonably requested, in order to complete the project successfully.. Any further text, information, logos, photographs or image files used to describe or be used in the client’s product/service are to be provided to Skittlesketch and considered part of a revision if provided after the initial brief is submitted.
c) The client accepts that any delay in providing information that Skittlesketch has requested or any delay in communications that Skittlesketch experiences in dealing with the client, may result in incompletion and deadline delays for the project, for which Skittlesketch cannot be held liable.
d) Skittlesketch will submit all projects and drafts to the client in PNG/JPEG/PDF/PSD/INDD files depending which suits best - and by email, unless otherwise agreed in writing.
e) The client is expected to read carefully through all drafts of any project. Particularly in the event of going to public. The client takes all responsibility for checking that spellings, names, terminology and industry references are correct.
f) Skittlesketch is not responsible or liable for how the project is used or distributed once the final draft has been approved. All material supplied by the client is assumed to be accurate, correct and free from copyright.
g) Skittlesketch will endeavour to ensure that all facts and statements within their work are true and Skittlesketch will never knowingly infringe upon any copyright of a third party. However, it remains the responsibility of the client to ensure that all final drafts of projects are correct and copyright free.
a) Payment for all services are to be made in GBP Sterling, unless discussed otherwise. Payment can be made online through PayPal, Or offline, via bank transfer, cash or cheque. The client is responsible for any payment fees incurred, including PayPal charges and international transfers. Account information and payment instruction is included within all invoicing.
b) Skittlesketch does not tolerate or accept any charge-back threat or actual charge-back from your chosen payment method, for example, your credit card or PayPal. In the event that a charge-back threat is made or is placed, Skittlesketch reserve the right to report the incident to any credit reporting agencies. In this event, copyright of any work, will remain the intellectual property of Skittlesketch.
a) Skittlesketch will not discuss or disclose the client’s organisation/business matters with any third party. This, except in the instance of being required to do so by law or as a necessity within a working capacity, such as and for example, in the instance of entering into discussions on behalf of the client with other editors and printers etc.
b) Skittlesketch is available to sign non-disclosure agreements or confidentiality agreements when required to do so. In this eventuality, it is the responsibility of the client to produce, distribute and pay for all associated costs and expenses.
8. Intellectual Property Ownership
a) Upon completion, copyright of each project belongs to the client. This unless, in the event of outstanding balance or dispute. In this instance, copyright will remain with Skittlesketch until the account has been settled and or the dispute resolved.
b) The client cannot resell, distribute, publish or use any copy, content or illustration by Skittlesketch, until all outstanding invoices and balances have been paid.
c) Upon completion, the author will gain commercial usage and copyright for the illustrations.
9. Claims and Liabilities
a) Any claim whatsoever made by the client must be made to Skittlesketch in writing, within 7 days of the project final delivery.
b) It is agreed that as a result of the client using the services and advice of Skittlesketch, Skittleskech will take no responsibility or liability whatsoever to either the client or any third party for damages. This includes damages to the client’s profits or any financial loss.
c) Skittlesketch take no responsibility or liability for any complaints, claims, litigation or any other incidental and consequential losses or special damages.
d) If any section of this agreement shall be unlawful, void, or for any reason unenforceable, then that section shall be deemed severable from this agreement and shall not affect the validity and enforcement of any remaining sections.
e) In the event of any breach of express obligations by Skittlesketch, the client’s remedies will be limited to damages. Damages, shall not exceed the fees and expenses paid by the client under both these terms and conditions and the Letter of Agreement.
f) These terms and conditions are not transferable by the client to any third party.
g) The Letter of Agreement, these terms and conditions and any services provided by Skittlesketch are done so under the laws of England and Wales. Both the client and Skittlesketch exclusively submit jurisdiction to the courts of England and Wales.
10. This section is in addition to the above terms and is specific to : Individual Project Quotations
a) Written quotations and price estimates for all services are produced and submitted free of charge. All quotations provided by Skittlesketch are valid for 30 days from the date of submission.
b) Quotations are produced by Skittlesketch and are based upon exacting information provided by the client. Any missing or inaccurate information that changes the project in any way, will render the quote void.
c) Following quotation approval from the client, the client will sign and return a ‘Letter of Agreement’ This will be prepared by Skittlesketch and it will document the deliverables and duties of both Skittlesketch and the client. This Letter of Agreement is specific to the client’s project and will detail an exact brief, deadlines/timescale, any in person meetings, third party liaisons, revisions and payment information etc.
d) The client agrees that Skittlesketch will not commence work on any project without a signed Letter of Agreement in place.
e) The client will return the Letter of Agreement to Skittlesketch, via email or post, within 14 days of submission. If the client fails to return the Letter of Agreement within this 14 day period, then the Letter of Agreement becomes void.
f) Unless otherwise agreed in writing, the client will pay a 50% non- refundable deposit before commencement of the project. Work will not begin until the 50% non-refundable deposit has been received, nor will be continued if the further two 25% of the payments have not been received.
g) The non-refundable deposit is due for payment at the same time as the client returns the Letter of Agreement.
h) If the client decides to cancel a project, the 50% non- refundable deposit is non-refundable. In this instance Skittlesketch reserves the right to charge for any time or work expended upon the project, to the date of cancellation.
i) If the client wishes to postpone completion of the project after the Letter of Agreement has been signed, Skittlesketch reserve the right to make reasonable judgement as to the feasibility of rescheduling the service and completing the project within a postponed timescale.
j) The client agrees that any edits or revisions must take place within the scope of that described in the Letter of Agreement.
The process includes 2 drafts, and a final project. The client understand that the first draft is a rough sketch, black and white image that shows the basic ideas for the project. The second draft will be completed in colour with finer detail added. The third and final project will be a completion of the entire project.
k) For project quotations Skittlesketch offer up to 2 revisions of each project, at no extra charge. It is agreed that the client will advise Skittlesketch of any first revisions within 7 days of the client receiving the first draft. It is agreed that the client will advise Skittlesketch of any second (and final) revision within 7 days of the client receiving the second draft. If revisions are wanted by the client after the final draft is submitted, the client understands there will be an additional cost of $57.49 to each page/revision. It is agreed that the client will provide clear and detailed instruction regarding any of the aforementioned revisions that the client wishes Skittlesketch to implement.
l) If the client does not approve the first draft or request any revision after 7 days of Skittlesketch submitting the first draft, it will be assumed that this draft has been approved. In this instance, the project will be closed and the balance will be due for payment by the client. If the client does not approve the second draft or request any revision after 7 days of Composing Copy LLP submitting the second draft, it will be assumed that this draft has been approved. In this instance, the project will be closed and the balance will be due for payment by the client. Any subsequent revisions or change requests from the client after this time, will be considered as a new project and charged accordingly.
m) A 25% is due for payment upon receipt of the first draft, and the final 25% is due for payment upon receipt of the second draft.
n) Payment terms for the invoice balance are 30 days from the date of invoice.
o) Skittlesketch is entitled to suspend accounts with outstanding balances and no further work will be undertaken by Skittlesketch for the client, until full payment is received. In this instance, future work may be subject to payment in advance.
p) Skittlesketch may withhold any information in relation to the project if an invoice remains outstanding and unpaid.
q) Invoices outstanding after the 30 day payment term, will be subject to statutory interest charges, will incur debt recovery costs and may be referred to an external debt collection agency.
r) Once a project invoice has been paid in full, copyright of the project belongs to the client.