You expressly agree that your use of this website is at your own risk and imposes no obligation or other liability on Bill Craig Imaging.

2. Third Party Rights: Bill Craig Imaging neither warrants nor represents that use of materials nor any content displayed on the website will not infringe rights of third parties.

3. Exclusions and Limitations of Liability: No liability which may not be excluded or limited by applicable law shall be excluded or limited by these Terms and Conditions. Use of, browsing in and reliance on any information contained in the website are at your own risk. Neither Bill Craig Imaging, any of its subsidiaries or associated companies, nor any other party involved in creating, producing, or delivering the website shall be liable for any direct, incidental, consequential, indirect, or punitive damages (including without limitation loss of profit, loss of revenue, loss of goodwill, loss of management time, third party liability, business interruption, loss of use of any tangible or intangible asset including data recorded on any computer or other machine, or loss of any anticipated benefit arising out of your access to, or use of, the website, save in the case of fraudulent misrepresentation, or death or personal injury caused by the negligence of Bill Craig Imaging or its staff. Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to all users of the website or you may have additional rights. Bill Craig Imaging uses reasonable endeavours to protect the website from viruses but assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property, including data, on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website. Bill Craig Imaging does not warrant that this website, its servers or any email sent on its behalf are free from viruses or other harmful components. You are recommended to take all appropriate safeguards before downloading information from this website. Although reasonable endeavours are used to maintain this website, Bill Craig Imaging shall not be liable for any losses caused by failure or stoppage of the website for any reason, including without limitation virus contamination, deliberate damage by hackers, failure of hardware software or systems, power failure, failure of telecommunications lines or any criminal activity of a third party.

4. Rights in Content and Trade Marks: Bill Craig Imaging is the proprietor of all logos and trademarks associated with this website, unless otherwise indicated. Users should assume that copyright in all content of the site is owned by Bill Craig Imaging unless otherwise stated, and may not be used without the prior written permission of Bill Craig Imaging or other relevant proprietor.

5. Copying: You may download material displayed on the website for use in the ordinary and proper course of your business and any such use must be incidental to your normal business or for private or personal purposes provided you maintain the integrity of the material, do not use it in a derogatory or misleading context and retain all copyright and other proprietary notices. You may not, however, without Bill Craig Imaging' written permission: distribute, modify, transmit, re-use, re-post, or use the content (whether text, images, audio, or video) of the website for public or other commercial purposes; or transfer any material to more than ten hard copies of such material. supply any material in any form to a third party for commercial purposes, whether for a fee or otherwise, or without informing such third party of the conditions which apply to such material and such party's use of such material. You agree that you will not: use any automatic device, or manual process to monitor or copy this website or any web pages or the content contained herein without Bill Craig Imaging' prior written permission; use any device, software or routine to interfere or attempt to interfere with the proper functioning of this website; take any action that imposes an unreasonable or disproportionately large load on our systems; copy, reproduce, alter, modify, create derivative works, or publicly display any content from this website without the prior expressed written permission of Bill Craig Imaging and/or the appropriate third party. All other rights are reserved. Without limiting the foregoing, you may not without Bill Craig Imaging' express written permission create a link to the website other than to or via the home page as published on the website from time to time.

6. Data Protection: Any personal data (such as user's name, address, telephone number or e-mail address) transmitted to the website by electronic mail or otherwise, will be used by Bill Craig Imaging in accordance with the Privacy Policy of the website [link to privacy policy]. Any other communication or material transmitted to the website, such as questions, comments or suggestions, will be treated as non-confidential and non-proprietary.

7. Use of Images: Images of people or places displayed on the website are either the property of, or used with permission by, Bill Craig Imaging. You may not use or permit anyone else to use these images unless specifically permitted by these Terms and Conditions or unless specific permission is provided elsewhere on the website.

8. Licence to Use Content: The trade marks and logos (collectively the "trade marks") displayed on the website are registered and unregistered trade marks of Bill Craig Imaging and others. Nothing contained on the website should be construed as granting, by implication, or otherwise, any licence or right to use any trade marks displayed on the website without the written permission of Bill Craig Imaging or any third party owner of such trade marks. Use of the trade marks, or of any other content on the website, except as provided in these Terms and Conditions, is strictly prohibited.

9. Hosting: all hosting shall be deemed to be for a minimum of one year with one months notice of withdrawal of service by either party.

10. Links to Other Sites: Certain hypertext links in this website will lead to websites that are not under the control of Bill Craig Imaging. Such links are for the convenience of users only and Bill Craig Imaging does not endorse any content of any websites linked to this website and gives no representation or warranty (express or implied) as to the information on such sites. Bill Craig Imaging is not responsible for the nature or the content or the privacy policies of any off-site pages or any other websites linked to this website. Linking to this website, off-site pages or other websites and in particular downloading computer programs from certain websites, may infringe copyright or introduce computer viruses into the user's own system and is at the user's own risk.

11. Ownership of Copyright/Copyright Licence for Artworks
The copyright in artwork commissioned by the Client shall be retained by the Illustrator (Bill Craig).
The Client or the Client's customer (where the Client is acting as an intermediary) is granted a licence to reproduce the artwork solely for the purposes set out on the face of this acceptance of commission.
If the acceptance of commission is silent, the Client or the Client's customer is granted an exclusive licence for one time use in the United Kingdom only.
During the currency of the licence the Illustrator shall notify the Client of any proposed exploitation of the artwork for purposes other than self-promotion and the Client shall have the right to make reasonable objections if such exploitation is likely to be detrimental to the business of the Client or the Client's customer.
Where use of the artwork is restricted, the Illustrator will nominally grant the Client or the Client's customer a licence for use for other purposes subject to payment of a further fee in line with current licensing rates to be mutually agreed between the Illustrator and Client.
The licence hereby granted to use the artwork is contingent upon the Illustrator having received payment in full of all monies due to her/him and no reproduction or publication rights are granted unless and until all sums due under this Agreement have been paid.
The licence hereby granted is personal to the Client or the Client's customer (where the Client is acting as an intermediary) and the rights may not be assigned or sub-licensed to third parties without the Illustrator's consent.
Payment: The Client shall pay all invoices within 30 days of their receipt. Interest at a rate of 2% per month is payable on any balance unpaid after 30 days of the date of invoice. Cancellation If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:
(i) 25%of the agreed fee if the commission is cancelled before delivery of roughs;
(ii) 33% of the agreed fee if the commission is cancelled at the rough stage:
(iii) 100% of the agreed fee if the commission is cancelled on the delivery of artwork;
(iv) pro rata if the commission is cancelled at an intermediate stage.
In the event of cancellation, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based on the Client's visual or otherwise agreed. Delivery The Illustrator shall use her/his best endeavours to deliver the artwork to the Client by the agreed date and shall notify the Client of any anticipated delay at the first opportunity in which case the Client may (unless the delay is the fault of the Client) make time of the essence and cancel the commission without payment in the event of the Illustrator falling to meet the agreed date. THE ILLUSTRATOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK. The Client shall make an immediate objection upon delivery if the artwork is not in accordance with the brief. If such objection is not received by the Illustrator within 21 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable. Approval/Rejection: Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows: (i) 25% of the agreed fee if the artwork is rejected at the rough stage. (ii) 50% of the agreed fee if the artwork is rejected on delivery. In the event of rejection, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based on the Client's visual or otherwise agreed. Changes: If the Client changes the brief and requires subsequent changes, additions or variations, the Illustrator may require additional consideration for such work. The Illustrator may refuse to carry out changes, additions or variations which substantially change the nature of the commission. Warranties Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, the Illustrator warrants that the artwork is original and does not infringe any existing copyright and further warrants that she/he has not used the artwork elsewhere. The Client warrants that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the Client or its customer and shall indemnify the Illustrator against any and all claims and expenses including reasonable legal fees arising from the Illustrator's use of any materials provided by the Client or its customer. Ownership of Artwork The Illustrator shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
The Illustrator's original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of the Illustrator. The Client shall return all artwork to the Illustrator not later than 6 months after delivery in undamaged, unaltered and unretouched condition although the Client may make and retaln transparencies to enable it to exploit the rights granted with the artwork. If the artwork is lost or damaged at any time whilst in the Clients custody (which shall mean anytime between delivery of artwork to the Client and its safe return to the Illustrator the Client shall pay compensation to the Illustrator for the loss/damage of the artwork at a rate to be agreedor, in default of agreement, decided by the Ethics Committee of the Association of Illustrators. THE CLIENT SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LOSS OR DAMAGE TO THE ARTWORK. Credits/Moral Rights: The Client shall ensure the Illustrator is credited in any editorial use of the artwork. Credits for non-editorial use are not required unless so indicated on the front of the form. The Illustrator hereby waives the right to injunctive relief for breaches of the right of integrity and the right of paternity. Samples Unless otherwise agreed, the Illustrator shall be entitled to receive not less than four proofs or printed copies of the work. Notices: All notices shall be sent to the Illustrator and to the Client at the address stated in this Agreement. Each party shall give written notification of any change of address to the other party prior to the date of such change. Governing Law These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing.

Copyright © 2007 Bill Craig Imaging . All rights reserved.