TERMS OF SERVICE
01 - Definition
“My/Me/Myself/I” etc. means Catboat Illustrations/Sam J Gunn.
“You/Yours” etc. means yourself, a user of my services.
“Site/Sites” means any websites or locations where my art is featured.
“Artwork/Artworks” means art, craft, graphic or web works created by myself, whether commissioned or otherwise.
“Service” means the process of creating art, craft or graphic works for you.
02 - Artist Terms
2.1 I reserve the right to accept or decline your application for commission of artwork. Your application includes your acceptance of these terms and conditions enclosed herein.
2.2 You warrant that all information supplied to me is accurate, up to date and complies with both the data protection act of 1998 and GDPR Regulations 2018.
2.3 You agree to have artwork and descriptive information displayed on the sites unless previously indicated.
2.4 You will inform me of any changes in the information stored including name, address and contact details.
03 - Acceptance of Application
3.1 I reserve the right to accept or decline your application for my services for any reason.
3.2 If a quote is created and accepted, you are entering into a legally binding contract with me to complete the art/craft unless under extreme circumstances.
04 - Artist Exclusivity
Art that I have created for you can be used freely, so long as:
4.1 Full credit is given to me on any submission, regardless of whichever site it is published on.
4.2 You do not claim that the artwork/craftwork was created by yourself.
4.3 No edits are made to the artwork/craftwork by yourself or any other party, without express permission from myself.
4.4 You do not have the view to sell on the artwork/craftwork to make a profit, without express permission from myself.
4.5 If you are requested to do so, you will remove the Artwork from any site, as detailed in the request sent to you.
05 - Copyright
5.1 You warrant that all characters/subjects to be used in creation of art/craft pieces are free of any copyright restrictions or intellectual property disputes. You warrant the characters/subjects provided in reference upon application are yours, or you have the permission of the character/subject owner to use their design(s).
5.2 Copyright and Intellectual Property will remain yours until transfer of character/design rights to another person or people.
06 - Illustrative Images
6.1 You must supply at least one high-quality digital visual reference when applying for a commission.
6.2 Text references will not be accepted without visual reference, under any circumstances with regards to art/craft commissions, with the exception to reference sheets and graphics - however reference images will help the process.
6.3 Do not submit more than two relevant visual references per character/subject.
6.4 References provided should be, preferably, Safe for Work or censored and show any key character features - as specified by the client.
6.5 Missing features that are not found in the references are not grounds to request a refund or partial return.
6.6 As with 5.1, you confirm that the references provided are of characters/subjects that belong to you, or that you have the permission to use.
07 - Pricing and Artwork Particulars
7.1 Commission prices change may change at least once per year, based on market supply and demand.
7.2 I reserve the right to change prices without prior notice.
7.3 For an up-to-date quote on your desired commission, please contact me.
08 - Delivery, Packaging & Insurance
8.1 When choosing to undertake in printing and/or delivery of your artwork; you are responsible for costs of packing, delivery and insurance.
8.2 I will provide cost options for you and recommend a suitable cost - providing you have supplied me with a suitable address when asking for delivery charges.
8.3 If damage occurs beyond the insured amount, that is the responsibility of the customer.
8.4 Postage, packing and insurance are not provided unless specified by the client. These items are subject to additional charges to the standard quote.
09 - Cancellation of Commissioned Work
9.1 If you decide that you do not wish to continue with the commission, you are required to notify me as soon as possible.
9.2 The amount refunded to you will depend on how much work has been done on a stage-by-stage basis:
10% Charge - Taking a successful commission slot.
25% Charge - Sketchwork and Initial Planning/Concepts.
50% Charge - Linework and buying of materials.
75% Charge - Flat work and commencing of craft-works.
90% Charge - Close to finalised works.
9.3 Work that had been done will be surrendered to you prior to payment of work completed or refund for overpayments on a case-by-case basis.
9.4 Partially completed works still retain ownership as detailed in sections 4 and 5.
10 - Payment of Artworks
10.1 Upon agreement of the commission to start, you are required to pay the price quoted to you by PayPal, Bank Transfer in standard conditions or Cash and Card Payment during events.
10.2 Payment plans can be arranged on commissions priced over £100 GBP. The payment terms will be discussed and agreed with you before your commission is accepted. A contract may be required on a case-by-case basis.
10.3 Commissions under payment plan will be completed by percentage of payment received.
10.4 At 20% payment received, You will be sent a sketch. At 40%, you will receive lined artwork. At 60% the piece will be flat coloured. At 80% the piece will be shaded. At 100%, the piece will be completed fully.
10.5 Payment Plans are valid for the period of 2 months from the last completed payment unless otherwise stated. After this time, your commission will be cancelled, and you will receive what work has been completed if you have not completed 100% of agreed payment. This is also true for failure to provide payment as agreed prior to work starting.
10.6 Before agreement of payment, partial payment can be arranged.
10.7 Partial payment is defined paying 60% of the commission fee before start, and upon the sketch being completed, the remaining 40%. Until payment is completed, any art or progress images sent to you will be heavily watermarked.
10.8 The customer receives one free edit for every £5 spent excluding postage costs. This does not include missing aspects found in the commission as agreed and shown in reference during the initial quotation.
10.9 Additional edits beyond the amount allocated will incur a cost based on the complexity and work required for the edit.
11 - Ownership & Distribution of Art
11.1 All art that I create remains property of Catboat Illustrations for distribution and resale purposes.
11.2 However, characters depicted remain property of their respective owner(s).
11.3 Disputes regarding potential future resales of artwork by Catboat Illustrations must be brought up before acceptance of commission.
11.4 Distribution of artwork by the customer must be confirmed in advance by myself. I will provide a written document as proof of permission.
12 - Payment of Artworks
12.1 You agree to abide by the terms and conditions outlined in this document.
12.2 I provide this service on an "as-is" basis without warranty of any kind.
12.3 However, commissioned images are kept for download for clients for 6 months following completion of work. Customers have the right for a download location upon request.
12.3.1 After 6 months retention, these links shall be deleted forthwith. Replacement links are provided at my discretion. The replacement links may not be full resolution.
12.4 This Agreement is entered into in United Kingdom and shall be governed by, and shall be construed in accordance with, British law. The courts of the United Kingdom shall have jurisdiction to hear and determine any cost, action or proceedings, and to settle any disputes which may arise out of or in connection with these rules and you irrevocably submit to the jurisdiction of such courts.
12.5 I reserve the right to change these terms and conditions, as necessary to support my business objectives, communicating this via updating my links to the TOS. Additional notice may be given in advance via a blog post or journal.
12.6 Using my services constitutes acceptance of these terms.