These terms and conditions form part of any agreement between you, the customer, and me, Jon Rush of 13 Lowden Road, Herne Hill, London SE24 0BJ, for the supply of illustrations (a "Contract"). PLEASE READ THEM CAREFULLY.
My obligations
1. I will use my reasonable endeavours to ensure that the illustrations meet the requirements of any brief provided by you and are of similar quality to those displayed on my website at http://www.jonrush.dircon.co.uk.
2. Subject to clause 5, I will use my reasonable endeavours to deliver the illustrations to you by the date(s) we have agreed or, in the absence of any such agreement, within a reasonable time. If I fail to deliver the illustrations by the time we have agreed, you may terminate the relevant Contract immediately and I will refund any advance payments to you.
3. I confirm that the illustrations are my own work and, so far as I am aware (and subject to clause 6), do not infringe the intellectual property rights of any other person.
4. All other warranties (express or implied, by statute or otherwise) are excluded to the fullest extent permitted by law.
Your obligations
5. You must tell me before I start work if the illustrations must meet any special requirements eg format/medium, size, colour, software compatibility etc. I reserve the right to make additional charges if you change the specification after I have started work, but I will only do this if it involves extra work by me.
6. If you want me to produce an illustration based on your own suggestion as to what it should depict, you confirm that any such suggestion is entirely your own idea and the resulting illustration will not infringe the intellectual property rights of any other person. You will indemnify me against all liabilities, costs, damages and expenses incurred by me in respect of any proceedings or claims against me arising out of or in connection with any breach of this clause 6 by you.
7. The price payable for the illustrations shall be the price agreed between us in writing or, in the absence of any such agreement, the average price paid by you (or failing that, by other customers) for similar work in the last 12 months. Payment is due within 30 days of the date of my invoice.
Use of illustrations
8. Unless otherwise agreed in writing, I remain the owner of all intellectual property rights in the illustrations and you are granted a non-exclusive licence to use the illustrations for the purpose(s) we have agreed (but for no other purposes). I am happy to consider other arrangements where appropriate, but these must be agreed in writing.
Liability
9. You accept that (i) if I were not able to limit my liability as set out in clause 10 below, I would be obliged to charge more for the illustrations in order to reflect the increased risk to me; and (ii) the limitations of liability set out below represent a reasonable apportionment of risk between you and me.
10. Nothing in these terms and conditions or the Contract of which they form part shall limit my liability for fraud or for death or personal injury caused by negligence. Subject to that, the following shall apply in respect of all claims arising out of or in connection with any Contract of which these terms and conditions form part, whether the claim is in contract, tort (including negligence) or otherwise:
(i) I will not be liable for loss (whether direct, indirect, consequential or special) of profits, business, reputation, data or goodwill or for non-pecuniary loss; and
(ii) Where the claim in question is covered by my professional indemnity insurance, my total liability shall not exceed the limit of indemnity available from my insurers (full details of my insurance arrangements are available on request). My total liability for all other claims shall not exceed £10,000.
General
11. The Contract of which these terms and conditions form part shall be governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts for the resolution of all disputes arising out of or in connection with any such Contract.
return to about jon rush Unless otherwise stated, copyright in all material on this site (including these terms and conditions) belongs to Jon Rush. Text or images may not be reproduced without permission, but feel free to print off a hard copy of these terms and conditions for your records.