Busy Monkey Studios – Terms and Conditions

To view our terms and conditions click each section below. You can also view our FAQs page and Privacy Policy for more important information on sales, commissions and licensing.

Private Commissions

TERMS AND CONDITIONS OF PRIVATELY COMMISSIONED ORIGINAL ARTWORK BY BUSY MONKEY STUDIOS LTD

 

  1. DEFINITIONS

For the purpose of this agreement the “customer” is defined as direct and private client (i.e. with no agency or intermediary) and commissions under this agreement refers to commissions which are intended for private use only. "Artwork(s)" means all material created and furnished by the “Artist”. “Original Artwork” refers to finished physical Artwork(s) created in traditional media for example: pencil, paint, ink, pastel on a physical surface such as paper, card, canvas, wood or board. Busy Monkey Studios is a private limited company registered in England and Wales and in this agreement may be referred to as the “company”.

  1. COPYRIGHT

The entire copyright of the design and creation of the artwork(s) is retained by the Artist at all times throughout the world according UK intellectual property rights.

  1. USE

The Artwork(s) provided to the Customer is determined as being intended for the sole and private use of the Customer under these terms and conditions and shall not be used for any commercial purpose without express permission from the Artist. The Customer is permitted to take and share photographs of the work for personal purposes but in no circumstances should the Customer make printed reproductions or alternative digital or printed versions of the Artwork(s) without express permission from the Artist.

  1. EXCLUSIVITY

The Customer will exclusively own the right to the physical production of the artwork(s) to the exclusion of all other persons including the Artist. However, the Artist retains the right in all cases to use the artwork(s) in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work.

  1. CLIENT CONFIDENTIALITY

The Artist will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the Artwork(s), save as may be reasonably necessary to enable the Artist to carry out his/her obligations in relation to the commission.

  1. DATA PROTECTION

In compliance with the General Data Protection Act 2018, Busy Monkey Studios ltd does not store or share any form of personal data for any purpose other than to contact clients during the process of creating Artwork(s) for private commissions. The company will not make use of personal data for any form of future marketing and will not contact the customer in any circumstance to promote business or products without the express permission of the customer. The company will not use personal data to solicit further business from the customer but may request private feedback at the end of the process which will not be shared on any printed capacity, on social or web based media without the explicit written permission from the customer. Any reference photographs provided to the Artist by the Customer are submitted under the understanding that they will be used by the Artist for the sole purpose of creating commissioned Artwork(s). Reference photos are not retained in any capacity by Busy Monkey Studios ltd or the Artist following the completion of Artwork(s).

  1. COMMISSION TYPES

Commissions that are expected to take no longer than fourteen days to complete and are of or below standard sizes (as set out in article 10 of these terms and conditions) are classed as “Standard Commissions”. Prices for Standard Commissions are set by the Company and reviewed every 6 months. An example price list is available on request or to view at https://busymonkeystudios.com/prices.

In some cases, privately commissioned work is classed as a “Complex Commission”, this is defined as being a commission which has an expected completion time above fourteen days and/or will be above the standard sizes for artwork as determined by Busy Monkey Studios (see article 10 below). Prices vary for Complex Commissions and are available by enquiry only.

  1. STANDARD ARTWORK SIZES

Busy Monkey Studios determines standard artwork sizes to be as follows:

Standard Paper & Card Sizes:           A5 Size 148mm x 210mm, A4 Size 210mm x 297mm
Small Canvas/Board Sizes:               Rectangular 254mm x 300mm or Square 300mm x 300mm

Any sizes above these will be classed as non-standard and will be subject to our terms and conditions as set out above in article 7.

  1. TIMESCALES & COMPLETIONS

a.) Standard Commissions - A commission is considered confirmed as of the date of receipt of payment in full from the customer. The artists at Busy Monkey Studios aim to complete Standard Commissions within 14 days of receipt of payment in full. If a shorter deadline is required by the Customer a non-refundable fee equal to 25% of the commission may be applicable. Notice of any surplus fees due will be given by Busy Monkey Studios ltd alongside an invoice for the amount to be paid at the time of enquiry.

b.) Complex Commissions – The timescale for the creation, completion and delivery of Artwork(s) created for Complex Commissions will be agreed between the Customer and Busy Monkey Studios on a case by case basis and will be determined by several factors: i. The size of the Artwork(s) to be made, ii. The chosen media the Artwork(s) will be produced with, iii. The amount of detail anticipated to be created within the Artwork(s) based on the quality and definition of reference and/or additional subjects, backgrounds or content that the Customer has stipulated to be included in the finished piece(s). An agreement of timescale will be made in advance of the work being made and a deposit being received by Busy Monkey Studios. This agreement will be made and clarified in the form of a Work Order which will be produced and supplied by Busy Monkey Studios.

  1. PAYMENT

a.) Standard Commissions - Full payment by the customer for Standard Commissions will be expected upfront and within 14 days of the issue of the relevant invoice.

b.) Complex Commissions – A formal quote will be issued to a prospective Customer following an initial enquiry for a Complex Commission. A quote will give a single cost per Artwork(s) which will include the sum of the material and creation of the physical finished item(s). In most cases an invoice for the full amount or a deposit of 30% of the total sum of the quote will then be issued to the customer at the time of a Complex Commission being confirmed. In some cases, alternative payment terms may be negotiated however, this is rare and is completely at the discretion of the company. Payment of invoices will be required to be received within 14 days of issue before work can commence. Once payment has been received Busy Monkey Studios will then issue a Work Order (see article 9b. above). The Work Order will include a schedule for work completion phases and will include further/final dates for payment. Payment of the remaining balance will be due before any work is sent out to the Customer.

If an invoice is not paid in full, within 14 days, Busy Monkey Studios will contact the customer to clarify whether he/she still wishes for the work to be made and in cases where the customer does not respond in a timely manner the company reserves the right to cancel the commission. Cancelled commissions can at any time be reinstated by the customer contacting Busy Monkey Studios to inform them of their wish to commence with the work and in such cases a new invoice will be issued with a 14 day period of payment terms for the customer to make payment.

  1. CANCELLATION & REFUNDS

If the Customer wishes to cancel a commission of any kind under the Consumer Contracts Regulations 2013, written notice of cancellation must be received by Busy Monkey Studios within 14 days of payment being made. No refunds will be due for any cancellations requested after 14 days of payment and any Artwork(s) not yet received by the Customer will be retained by Busy Monkey Studios unless otherwise agreed. Before postage of Artwork(s) to the Customer, Busy Monkey Studios will provide the Customer with a watermarked preview image of the finished commission. This is to ensure that the customer is satisfied with the Artwork(s) before delivery arrangements are made. In the very rare and unlikely event that the Customer decides they are unhappy with the Artwork(s) provided by the Artist at Busy Monkey Studios, they (the Customer) may request the work to be reattempted or refunded within 30 days of receiving the preview. In this case a refund minus a 15% cost for materials and administration will be made within 7 days of the request for cancellation. If a deposit has been made for a Complex Commission the deposit minus the 15% fee will be refundable also within a 14 day notice period from the Customer to Busy Monkey Studios.
Once the Artwork(s) have been previewed by the Customer and he/she has agreed to receive the item by post, as per the Consumer Rights Act 2015, the customer reserves the right to request a refund for Artwork(s) within 30 days of receiving the item(s). In order for Busy Monkey Studios to issue a refund the original Artwork(s) must be returned to the Artist. A refund will be issued within 7 days of the return of the Artwork(s) to Busy Monkey Studios.

  1. RIGHT TO CREDIT

The Artist retains the right to credit his/herself on all commissioned Artwork(s). This usually is represented on the finished Artwork(s) in the form of a signature unique to the Artist him/herself. In some cases, the Artist may choose or agree to represent their credit using simple initials and give a full signature on the back of the Artwork(s) instead. The act of signing original artwork is important to both an Artist and to the Customer as in cases where the work may later be valued by a buyer, professional art dealer or gallery expert a viable method of identifying provenance is paramount.

  1. ELECTRONIC STORAGE

Any Artwork(s) provided by Busy Monkey Studios may not be stored in any form of electronic medium without the written permission of the Artist. Manipulation of the image or use of only a portion of the image is not permitted unless with the expressed permission of the Artist.

  1. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales.

  1. VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.

Artwork Licensing

TERMS AND CONDITIONS OF LICENCE AGREEMENT FOR ORIGINAL ARTWORK BY BUSY MONKEY STUDIOS LTD

 

  1. DEFINITIONS

For the purpose of this agreement "the Agency/Client" shall where the context so admits include their respective assignees, sub-licensees and successors in title.  In cases where the client is a direct client (i.e. with no agency or intermediary), all references in this agreement to “the Agency" and/or "the Client" shall be interpreted as references to the Artist's client. "Artwork(s)" means all material created and furnished by the Artist, whether original artwork in traditional media, prints or any other type of physical or electronic material. Busy Monkey Studios is a private limited company registered in England and Wales and in this agreement may be referred to as the “company”.

  1. COPYRIGHT

The entire copyright of the design and creation of the artwork(s) is retained by the Artist at all times throughout the world according UK intellectual property rights.

  1. ASSIGNMENT OF OWNERSHIP

In some cases the artist may grant shared or partial ownership of the intellectual property rights to the artwork(s) furnished to the Agency and/or Client as set out in the agreement. This will be specified on the licence agreement form.

  1. USE

The Licence comes into effect from the date of payment of the relevant invoice(s). No use may be made of the artwork(s) before payment in full of the relevant invoice(s) without the artist’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency/Client is put into receivership or liquidation. The Licence only applies to the Agency/Client and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Artist’s permission. Accordingly, even where any form of 'all media' Licence is granted, the Artist's permission must be obtained before any use of the artwork(s) for other purposes e.g. use in relation to another product, company or sublicensing through a photo library. Permission to use the artwork(s) for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the artwork(s) will be subject to these terms and conditions.

  1. EXCLUSIVITY

The Agency/Client will be authorised to publish the artwork(s) to the exclusion of all other persons including the Artist. However, the Artist retains the right in all cases to use the artwork(s) in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Artist shall be entitled to use the artwork(s) for any purposes.

  1. CLIENT CONFIDENTIALITY

The Artist will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the artwork, save as may be reasonably necessary to enable the Artist to carry out his/her obligations in relation to the commission.

  1. INDEMNITY

The Artist agrees to indemnify the Agency/Client against all expenses, damages, claims and legal costs arising out of any failure by the Artist to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Artist shall only be responsible for obtaining such clearances if this has been expressly agreed before the commencement of the commission. In all other cases the Agency/Client shall be responsible for obtaining such clearances and will indemnify the Artist against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

  1. PAYMENT

Payment by the Agency/Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Artist reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

  1. RATES & EXPENSES

Day or hourly rates shall be set by the Artist and agreed by all parties before commencement of a commission. Where extra expenses or time are incurred by the Artist as a result of alterations to the original brief by the Agency/Client, or otherwise at their request, the Agency/Client will be liable to pay such extra expenses or fees at the Artist's normal rate to the Artist in addition to expenses shown overleaf as having been agreed or estimated.

  1. REJECTION

Unless a rejection policy has been agreed in advance, there is no right to reject on the basis of style or composition once the commission has commenced. In some cases a rejection compensation fee will be agreed prior to the work taking place.

  1. CANCELLATION & REFUNDS

A commission is considered firm as from the date of confirmation or receipt of payment and accordingly the Artist may, at his/her discretion, charge a fee for cancellation or postponement.

  1. RIGHT TO A CREDIT

If the box on the estimate and the licence marked "Right to a Credit" has been ticked the Artist’s name or trading company name will be printed on or in reasonable proximity to all published reproductions of the Artwork). By ticking the box overleaf the Artist also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

  1. ELECTRONIC STORAGE

Save for the purposes of reproduction for the licensed use(s), the artwork(s) may not be stored in any form of electronic medium without the written permission of the Artist.  Manipulation of the image or use of only a portion of the image may only take place with the permission of the Artist.

  1. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales

  1. VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.

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