TERMS & CONDITIONS - DRAWING COMMISSIONS
Please note: for terms & conditions related to orders, please click here
1. THESE TERMS
1.1: What these terms cover. These are the terms and conditions on which I produce and supply artistic architectural drawings on a commission basis, including a licence to use the drawings.
1.2: Why you should read them. Please read these terms carefully. These terms tell you who I am, how I will provide drawings to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact me to discuss.
2. INFORMATION ABOUT ME AND HOW TO CONTACT ME
2.1: Who I am. I am KATHERINE JONES, artist, www.katherinemgjones.com.
2.2: How to contact me. You can contact me by writing to me at [email protected].
2.3: How I may contact you. If I have to contact you I will do so by telephone or by writing to you at the email address or postal address you provided to me in your order.
2.4: “Writing” includes emails. When I use the words “writing” or “written” in these terms, this includes emails.
3. MY CONTRACT WITH YOU
3.1: How I will accept your order. My acceptance of your order will take place when I email or otherwise contact you to accept it, at which point a contract will come into existence between us.
3.2: If I cannot accept your order. If I am unable to accept your order, I will inform you of this and will not charge you. This might be because of unexpected limits on my time or other resources which I could not reasonably plan for, because I have identified an error in the price or description of the drawings, or because I am unable to meet a deadline you have specified.
3.3: I only sell to the UK. I do not accept orders from or deliver to addresses outside the UK, and my website is solely for the promotion of my drawings in the UK, unless otherwise agreed with you.
4. MY DRAWINGS
Drawings may vary slightly from the images on my website. The images of drawings on my website are for the purpose of a guide only. Although I have made every effort to ensure the drawings are accurately represented, there may be minor variations. Your drawing may vary slightly from those images.
5. DELIVERY OF THE DRAWING
5.1: When I will deliver the drawing. After you have paid for the drawing (see Clause 10, Price and payment), I will provide you with an estimated delivery date. Once I know when the drawing will be ready, I will confirm the delivery date with you.
5.2: I am not responsible for delays outside my control. If completion and/or delivery of the drawing is delayed by an event outside my control (such as a delay in the delivery of materials), then I will contact you as soon as possible to let you know, and I will take steps to minimise the effect of the delay. Provided I do this I will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact me to end the contract and receive a refund for a drawing you have paid for but not received.
5.3: When you become responsible for the drawing. A drawing will be your responsibility from the time it is delivered to the address you gave me.
5.4: When you own the drawing. You own the drawing once I have received payment in full. However, see Clause 11, regarding copyright.
6. YOUR RIGHT TO END THE CONTRACT
6.1: You can always end your contract with me. Your rights when you end the contract will depend on what you have ordered, whether there is anything wrong with it, how I am performing and when you decide to end the contract:
a) If what you have ordered is faulty or misdescribed you may have a legal right to end the contract (or to get the drawing changed or replaced or get some or all of your money back), see Clause 9;
b) If you want to end the contract because of something I have done or have told you I am going to do, see Clause 6.2;
c) If you have just changed your mind about the drawing, see Clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
d) In all other cases (if I am not at fault and there is no right to change your mind), see Clause 6.5.
6.2: Ending the contract because of something I have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and I will refund you in full for any drawing which have not been provided and you may also be entitled to compensation. The reasons are:
a) I have told you about an error in the price or description of the drawing you have ordered and you do not wish to proceed;
b) there is a risk that supply of the drawing may be significantly delayed because of events outside my control;
c) you have a legal right to end the contract because of something I have done wrong.
6.3: Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are ordering as a consumer (rather than a business), for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4: How long do you have to change your mind? If you are ordering as a consumer (rather than a business), you have 14 days to change your mind (after the day I email or otherwise contact you to confirm I accept your order). For example, if I email you to accept your order on the 3rd of the month, you can change your mind up to and including the 17th of the month. However, once I have started producing the drawing you cannot change your mind, even if the period is still running.
6.5: Ending the contract where I am not at fault and there is no right to change your mind. Even if I am not at fault and you do not have a right to change your mind (see Clause 6.1), you can still end the contract before it is completed, but you may have to pay me compensation. The contract is completed when I have finished the drawing and sent it to you. If you want to end a contract before it is completed where I am not at fault and you have not changed your mind, just contact me to let me know. The contract will end immediately and I will refund any sums paid by you for drawings not provided but I may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs I will incur as a result of your ending the contract. This compensation may amount to the full advance payment made, because I charge the advance payment to secure space in my production schedule, and may have turned away other customers because your order was in the schedule.
7. HOW TO END THE CONTRACT WITH ME (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1: Tell me you want to end the contract. To end the contract with me, please let me know by emailing me at [email protected]. Please provide your name, address, details of the order and, where available, your phone number and email address.
7.2: How I will refund you. I will refund you the price you paid for the drawing, by the method you used for payment. However, I may make deductions from the price, as described below.
7.3: Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind as a consumer, I may reduce your refund of the price to reflect any work done before you notified me that you changed your mind.
7.4: When your refund will be made. I will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling me you have changed your mind.
8. MY RIGHT TO END THE CONTRACT
8.1: I may end the contract if you break it. I may end the contract at any time by writing to you if:
a) you do not make any payment to me when it is due and you still do not make payment within 7 days of me reminding you that payment is due;
b)you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to produce the drawing; or
c) there has been a breakdown in my relationship with you.
8.2: You must compensate me if you break the contract. If I end the contract in the situations set out in Clause 8.1 I will refund any money you have paid in advance for drawing I have not provided but I may deduct reasonable compensation for the net costs I will incur as a result of your breaking the contract.
9. IF THERE IS A PROBLEM WITH THE DRAWING
9.1: How to tell me about problems. If you have any questions or complaints about the drawing, please contact me. You can email me at [email protected].
9.2: Summary of your legal rights. I am under a legal duty to supply drawings that are in conformity with this contract.
10. PRICE AND PAYMENT
10.1: The price of the drawing. I will confirm the price of the drawing (which includes VAT if applicable) when I confirm your order.
10.2: When you must pay and how you must pay. I accept payment by credit card or debit card. You must make an advance payment of 50% of the price before I start the drawing, unless otherwise agreed. I will invoice you or send a payment link for the balance of the price when the drawing is completed. You must pay an invoice within 7 calendar days after the date of the invoice/link (unless I have advised you of a different deadline). The advance payment is generally non-refundable, unless you are ordering as a consumer (rather than a business), and exercising your right to change your mind within 14 days of the order.
10.3: I can charge interest if you pay late. If you do not make any payment to me by the due date I may charge interest to you on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay me interest together with any overdue amount.
10.4: What to do if you think an invoice is wrong. If you think an invoice is wrong please contact me promptly to let me know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved I will charge you interest on correctly invoiced sums from the original due date.
11. COPYRIGHT AND MORAL RIGHTS
11.1: Copyright in the drawing. I own and will retain all copyright and rights in the nature of copyright subsisting in the drawing (in any part of the world) to which I am or may become entitled.
11.2: Moral rights in the drawing. I am the sole author of the drawing and I assert my moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the drawing.
12. LICENCE
12.1: No right to use the drawing without a licence. You have no right to use and/or reproduce the drawing and digital images of it unless I have agreed a licence with you in writing.
12.2: Grant of a licence. I am usually willing to grant customers a licence to use and reproduce the drawing and digital images of it, for instance on their website, in their social media, at their events, and in their published materials. In every case I will set out the terms of the licence with them in writing, including the specific use of the drawing. There is typically a cost associated with the licence. Clause 12.3 will also apply to the licence.
12.3: Terms of the licence. Any licence granted is subject to the following terms:
a) the licence will last for a set period of time and for a specific purpose, and you must not use or reproduce the drawing and digital images of it after the end of that period, or use it for a different purpose;
b) you must not alter or amend the drawing or digital images of it;
c) you must not re-sell the drawing or digital images of it;
d) you must include the written credit “By Katherine Jones, www.katherinemgjones.com”, and in addition if using Facebook or Instagram you must add “@katherinejonesartist”, or if using Twitter you must add “@katjonesartist”;
e) you must indemnify me against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) that I suffer or incur arising out of or in connection with any breach by you of the rights granted by this Clause 12 including with the enforcement of this agreement; and
f) any other terms I specify to you in writing.
13. MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1: I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
13.2: I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence (or the negligence of my agents or subcontractors); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the drawing including the right to receive a drawing which is: as described and matches information I provided to you and of satisfactory quality.
13.2: I am not liable for business losses. I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, which arise out of this contract.
14. HOW I MAY USE YOUR PERSONAL INFORMATION
How I will use your personal information. I will only use your personal information for the purposes of your order and communication with you, and at all times in compliance with the UK data protection rules.
15. OTHER IMPORTANT TERMS
15.1: I may transfer this agreement to someone else. I may transfer my rights and obligations under these terms to another organisation. I will contact you to let you know if I plan to do this.
15.2: You need my consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing.
15.3: Nobody else has any rights under this contract. This contract is between you and me. No other person shall have any rights to enforce any of its terms.
15.4: If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5: Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the drawing, I can still require you to make the payment at a later date.
15.6: Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the drawing in the English and Welsh courts.
1.1: What these terms cover. These are the terms and conditions on which I produce and supply artistic architectural drawings on a commission basis, including a licence to use the drawings.
1.2: Why you should read them. Please read these terms carefully. These terms tell you who I am, how I will provide drawings to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact me to discuss.
2. INFORMATION ABOUT ME AND HOW TO CONTACT ME
2.1: Who I am. I am KATHERINE JONES, artist, www.katherinemgjones.com.
2.2: How to contact me. You can contact me by writing to me at [email protected].
2.3: How I may contact you. If I have to contact you I will do so by telephone or by writing to you at the email address or postal address you provided to me in your order.
2.4: “Writing” includes emails. When I use the words “writing” or “written” in these terms, this includes emails.
3. MY CONTRACT WITH YOU
3.1: How I will accept your order. My acceptance of your order will take place when I email or otherwise contact you to accept it, at which point a contract will come into existence between us.
3.2: If I cannot accept your order. If I am unable to accept your order, I will inform you of this and will not charge you. This might be because of unexpected limits on my time or other resources which I could not reasonably plan for, because I have identified an error in the price or description of the drawings, or because I am unable to meet a deadline you have specified.
3.3: I only sell to the UK. I do not accept orders from or deliver to addresses outside the UK, and my website is solely for the promotion of my drawings in the UK, unless otherwise agreed with you.
4. MY DRAWINGS
Drawings may vary slightly from the images on my website. The images of drawings on my website are for the purpose of a guide only. Although I have made every effort to ensure the drawings are accurately represented, there may be minor variations. Your drawing may vary slightly from those images.
5. DELIVERY OF THE DRAWING
5.1: When I will deliver the drawing. After you have paid for the drawing (see Clause 10, Price and payment), I will provide you with an estimated delivery date. Once I know when the drawing will be ready, I will confirm the delivery date with you.
5.2: I am not responsible for delays outside my control. If completion and/or delivery of the drawing is delayed by an event outside my control (such as a delay in the delivery of materials), then I will contact you as soon as possible to let you know, and I will take steps to minimise the effect of the delay. Provided I do this I will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact me to end the contract and receive a refund for a drawing you have paid for but not received.
5.3: When you become responsible for the drawing. A drawing will be your responsibility from the time it is delivered to the address you gave me.
5.4: When you own the drawing. You own the drawing once I have received payment in full. However, see Clause 11, regarding copyright.
6. YOUR RIGHT TO END THE CONTRACT
6.1: You can always end your contract with me. Your rights when you end the contract will depend on what you have ordered, whether there is anything wrong with it, how I am performing and when you decide to end the contract:
a) If what you have ordered is faulty or misdescribed you may have a legal right to end the contract (or to get the drawing changed or replaced or get some or all of your money back), see Clause 9;
b) If you want to end the contract because of something I have done or have told you I am going to do, see Clause 6.2;
c) If you have just changed your mind about the drawing, see Clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
d) In all other cases (if I am not at fault and there is no right to change your mind), see Clause 6.5.
6.2: Ending the contract because of something I have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and I will refund you in full for any drawing which have not been provided and you may also be entitled to compensation. The reasons are:
a) I have told you about an error in the price or description of the drawing you have ordered and you do not wish to proceed;
b) there is a risk that supply of the drawing may be significantly delayed because of events outside my control;
c) you have a legal right to end the contract because of something I have done wrong.
6.3: Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are ordering as a consumer (rather than a business), for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4: How long do you have to change your mind? If you are ordering as a consumer (rather than a business), you have 14 days to change your mind (after the day I email or otherwise contact you to confirm I accept your order). For example, if I email you to accept your order on the 3rd of the month, you can change your mind up to and including the 17th of the month. However, once I have started producing the drawing you cannot change your mind, even if the period is still running.
6.5: Ending the contract where I am not at fault and there is no right to change your mind. Even if I am not at fault and you do not have a right to change your mind (see Clause 6.1), you can still end the contract before it is completed, but you may have to pay me compensation. The contract is completed when I have finished the drawing and sent it to you. If you want to end a contract before it is completed where I am not at fault and you have not changed your mind, just contact me to let me know. The contract will end immediately and I will refund any sums paid by you for drawings not provided but I may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs I will incur as a result of your ending the contract. This compensation may amount to the full advance payment made, because I charge the advance payment to secure space in my production schedule, and may have turned away other customers because your order was in the schedule.
7. HOW TO END THE CONTRACT WITH ME (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1: Tell me you want to end the contract. To end the contract with me, please let me know by emailing me at [email protected]. Please provide your name, address, details of the order and, where available, your phone number and email address.
7.2: How I will refund you. I will refund you the price you paid for the drawing, by the method you used for payment. However, I may make deductions from the price, as described below.
7.3: Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind as a consumer, I may reduce your refund of the price to reflect any work done before you notified me that you changed your mind.
7.4: When your refund will be made. I will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling me you have changed your mind.
8. MY RIGHT TO END THE CONTRACT
8.1: I may end the contract if you break it. I may end the contract at any time by writing to you if:
a) you do not make any payment to me when it is due and you still do not make payment within 7 days of me reminding you that payment is due;
b)you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to produce the drawing; or
c) there has been a breakdown in my relationship with you.
8.2: You must compensate me if you break the contract. If I end the contract in the situations set out in Clause 8.1 I will refund any money you have paid in advance for drawing I have not provided but I may deduct reasonable compensation for the net costs I will incur as a result of your breaking the contract.
9. IF THERE IS A PROBLEM WITH THE DRAWING
9.1: How to tell me about problems. If you have any questions or complaints about the drawing, please contact me. You can email me at [email protected].
9.2: Summary of your legal rights. I am under a legal duty to supply drawings that are in conformity with this contract.
10. PRICE AND PAYMENT
10.1: The price of the drawing. I will confirm the price of the drawing (which includes VAT if applicable) when I confirm your order.
10.2: When you must pay and how you must pay. I accept payment by credit card or debit card. You must make an advance payment of 50% of the price before I start the drawing, unless otherwise agreed. I will invoice you or send a payment link for the balance of the price when the drawing is completed. You must pay an invoice within 7 calendar days after the date of the invoice/link (unless I have advised you of a different deadline). The advance payment is generally non-refundable, unless you are ordering as a consumer (rather than a business), and exercising your right to change your mind within 14 days of the order.
10.3: I can charge interest if you pay late. If you do not make any payment to me by the due date I may charge interest to you on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay me interest together with any overdue amount.
10.4: What to do if you think an invoice is wrong. If you think an invoice is wrong please contact me promptly to let me know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved I will charge you interest on correctly invoiced sums from the original due date.
11. COPYRIGHT AND MORAL RIGHTS
11.1: Copyright in the drawing. I own and will retain all copyright and rights in the nature of copyright subsisting in the drawing (in any part of the world) to which I am or may become entitled.
11.2: Moral rights in the drawing. I am the sole author of the drawing and I assert my moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the drawing.
12. LICENCE
12.1: No right to use the drawing without a licence. You have no right to use and/or reproduce the drawing and digital images of it unless I have agreed a licence with you in writing.
12.2: Grant of a licence. I am usually willing to grant customers a licence to use and reproduce the drawing and digital images of it, for instance on their website, in their social media, at their events, and in their published materials. In every case I will set out the terms of the licence with them in writing, including the specific use of the drawing. There is typically a cost associated with the licence. Clause 12.3 will also apply to the licence.
12.3: Terms of the licence. Any licence granted is subject to the following terms:
a) the licence will last for a set period of time and for a specific purpose, and you must not use or reproduce the drawing and digital images of it after the end of that period, or use it for a different purpose;
b) you must not alter or amend the drawing or digital images of it;
c) you must not re-sell the drawing or digital images of it;
d) you must include the written credit “By Katherine Jones, www.katherinemgjones.com”, and in addition if using Facebook or Instagram you must add “@katherinejonesartist”, or if using Twitter you must add “@katjonesartist”;
e) you must indemnify me against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) that I suffer or incur arising out of or in connection with any breach by you of the rights granted by this Clause 12 including with the enforcement of this agreement; and
f) any other terms I specify to you in writing.
13. MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1: I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
13.2: I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence (or the negligence of my agents or subcontractors); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the drawing including the right to receive a drawing which is: as described and matches information I provided to you and of satisfactory quality.
13.2: I am not liable for business losses. I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, which arise out of this contract.
14. HOW I MAY USE YOUR PERSONAL INFORMATION
How I will use your personal information. I will only use your personal information for the purposes of your order and communication with you, and at all times in compliance with the UK data protection rules.
15. OTHER IMPORTANT TERMS
15.1: I may transfer this agreement to someone else. I may transfer my rights and obligations under these terms to another organisation. I will contact you to let you know if I plan to do this.
15.2: You need my consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing.
15.3: Nobody else has any rights under this contract. This contract is between you and me. No other person shall have any rights to enforce any of its terms.
15.4: If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5: Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the drawing, I can still require you to make the payment at a later date.
15.6: Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the drawing in the English and Welsh courts.