TERMS & CONDITIONS

Definitions

For the purpose of this agreement:

'The Client' refers to individuals or companies who accept a quotation from the Artist for the creation of certain illustrations. This term also includes their respective assignees, sub-licensees, and successors in title, where the context allows.
'The Artist' refers to 'Shing Art', the proprietor whose name and address are stated in the agreement.
'Illustration' encompasses all artwork provided by the Artist, including original mastercopies, transparencies, printouts, or digital images on compact discs.
'Conditions' refers to the terms and conditions of the assignment of illustrations outlined in this document and any special terms and conditions agreed upon in writing between the Client and the Artist.

1. Copyright and Ownership.

Ownership of all local and international copyrights for the Illustration remains with the Artist unless otherwise agreed in writing.
Rights to the Illustration cannot be released or assigned to any third party unless mutually agreed upon by the Artist and the Client.
The Client has the option to purchase all rights to the original Illustration.

2. Usage.

No usage rights will be granted until full payment has been received and all Conditions have been met.
Usage is restricted to the specific country that placed the order, unless otherwise specified in the agreement.
A reasonable duration of one calendar year is granted for the first usage, after which additional charges will apply.
Additional charges will apply for any usage not specified in the invoice.
If the Client wishes to make any additional uses of the Illustration, they must seek permission from the Artist and agree on any additional payments.

3. Amendments.

Amendments to the Illustration due to the Artist's technical error will not incur charges.
Any amendments requested by the Client or the Agency during or after the completion of the assignment, due to changes in concept, layout, or additional specific instructions, will incur additional costs borne by the Client.

4. Expenses.

The Client shall pay all quoted expenses and any expenses arising from alterations to the original job description.

5. Orders.

The quantity, quality, description, and specifications of the Illustration will be as stated in the Artist's quotation.
No order submitted by the Client will be considered accepted by the Artist until confirmed in writing by the Artist.
No accepted order may be canceled by the Client without the Artist's written agreement, and the Client must indemnify the Artist in full for all losses, costs (including hourly professional illustration fees and material costs), damages, charges, and expenses incurred by the Artist as a result of the cancellation.

6. Cancellation.

If the Illustration is canceled before completion, regardless of progress, the Client must pay 50% of the Artist's fee. The Client will pay the Artist in full upon delivery of the Illustration. Any deposit or payment made as liquidated damages due to such a cancellation will be retained by the Artist, and the Client must settle the outstanding balance within 30 days of the cancellation date.

7. Overtime and Weekend Assignments.

For urgent assignments requiring the Artist to work beyond eight consecutive hours, including meal times, or to work on Sundays and official public holidays, the Artist may charge a higher fee rate.

8. Payment.

The Client agrees to pay the Artist within thirty days of the Artist's billing date, which will be the date of delivery of the Illustrations. If work is postponed at the Client's request, the Artist has the right to bill pro rata for work completed up to the date of the request while reserving all other rights under this Agreement. The Artist reserves the right to charge an 8% surcharge per month on any amount outstanding after 30 days.

9. Insolvency.

This clause applies if: (a) The Client (being a company) becomes subject to an administrative order or goes into liquidation; or (b) A receiver is appointed; or (c) The Client ceases or threatens to cease carrying on business.
If this clause applies, without prejudice to any other right or remedy available to the Artist, the Artist is entitled to cancel the contract or suspend any further execution of the Illustration without liability to the Client. If the Illustration has been delivered and not paid for, the price becomes immediately due and payable, notwithstanding any previous agreement to the contrary.

10. Indemnity.

The Client will indemnify and hold the Artist harmless against all claims, liabilities, damages, and expenses incurred directly or indirectly in connection with any third-party claim arising from the usage of the Illustration.

11. Proper Law of Contract.

The rights and obligations of the parties with regard to the Conditions and the agreement will be governed by the law of Singapore.