The following Terms and Conditions of Service apply to all products and services provided by Keith Draws.
For the purposes of this Document Keith Johnston of 51 Mossway, Middleton, Manchester, M24 1WS U.K. Will be known as “Keith Draws”
All work is carried out by Keith Draws on the understanding that the client has agreed to the following terms and conditions.
If a choice of design is presented, only one solution is deemed to be given by Keith Draws as fulfilling the contract. All other designs remain the property of Keith Johnston, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Keith Draws will provide the customer with a written or emailed estimate or quotation.
A copy of the estimate or quotation is to be returned by email by the customer to Keithdraws to indicate acceptance and should be returned to firstname.lastname@example.org Alternatively, the client may email an official order or a deposit in reply to the estimate or quotation which binds the client to accept Keith Draws´s terms and conditions. No work on a project will commence until an agreed deposit has been received by Keith Draws.
Charges for design services to be provided by Keith Draws, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer´s emailed or signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit representing an agreed percentage of the quoted fee will become immediately due. Work on the project will not commence until Keith Draws has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be quoted or estimated and upon quote approval will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. One the payment is made the additional work will commence.
Payment and Publication
The customer will be provided with an approval email and invoice prior to/or at the time of delivery of final artwork. At this time the remainder of the amount due will become payable and the customer will also be required pay the balance to Keith Draws. Payment of the balance signifies that the customer has approved the final artwork and there are no faults or errors.
Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount.
Payments may be made by cash, or PayPal in Pound Sterling or US Dollars ; or if previously agreed by electronic funds transfer.
Publication and/or release of work done by Keith Draws on behalf of the client, may not take place before cleared funds have been received.
Once the project is published any errors or mistakes then found are deemed to be the responsibility of the client who has by requesting the project to be published given approval to the project for publication. Keith Draws will have no obligation either financial or otherwise to correct mistakes found after publication.
An account shall be considered default if it remains unpaid for 5 days from the date of invoice. Keith Draws shall be considered entitled to remove Keith Draws´s and/or the customer´s material from any and all computer systems, or any publication or distribution source until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it´s obligation to pay the due amount. Customers whose accounts become default agree to pay Keith Draws reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
Copyright is retained by Keith Draws on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing/email and after all costs have been settled.
By supplying text, images and other data to Keith Johnston for inclusion in the customer´s website or other medium (including photo montage or illustration), the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Keith Draws on behalf of the customer, will remain the property of Keith Draws and/or it´s suppliers.
The customer may request in writing from KeithDraws, the necessary permission to use materials (for which Keith Johnston holds the copyright) in forms other than for which it was originally supplied, and Keith Johnston may, at his discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Keith Johnston, the customer grants Keith Johnston permission to use this material freely in the pursuit of the design.
Should Keith Johnston, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Keith Johnston to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Keith Johnston free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.
Copyright in the case of Book covers and CD covers:
Keith Draws’s art is not stock art. Once a client purchases a cover artwork, that artwork will never be used for another book cover. However the illustrations may appear in collections, posters, postcards or other merchandise promoting the work of Keith Draws.
The client may use the art to promote the book/CD it was purchased for in anyway they choose without any further charges or permissions. This includes producing free posters, tee shirts, mugs or any other promotional items etc.
If the client wishes to own the copyright then a fee will be negotiated.
If the client wants to make merchandising for profit while Keith Draws owns the copyright then a small royalty will be required and will have to be negotiated.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Keith Draws holds no responsibility for any changes made by any third party, before or after a design is published.
Any changes made to illustration work for which Keith Draws holds the Copyright will be subject to his approval and if that approval is not given then the illustration must be removed from circulation (public viewing) imeadiatly.
In order to take advantage of a particular “Special Offer” a deposit must be paid at the time of the “Special Offer”. Once the deposit is made the client must supply all relevent material in order to complete the project/order no later than eight months after the deposit was paid. After this time has passed the current full price will be chargable. All deposits are none refundable.
Use of the work of Keith Draws does not give Keith Draws liability for anything, either financially or morally, other that those elements specified within these terms and conditions.