36 Inkerman Road
The illustrator – known to the client as Jo Bird
Jo Bird is a pen name only. For contracts, T&C’s, payments please use the illustrators given name Caroline Swanne.
Application and entire agreement
- These Terms and Conditions apply to the provision of the services detailed in out quotation by Jo Bird to the person buying the services.
- You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the contract) are the entire agreement between us.
- You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- I warrant that I will use reasonable care and skill in my performance of the Service which will comply with the quotation, including any specification in all material respects. I can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and I will notify you if this is necessary.
- I will use my reasonable endeavour to complete the performance of the Services within the time agreed or as set out in the quotation.
- You must obtain any permissions, consents, licenses or otherwise that we need and must give me access to any and all relevant information, materials (including a table and chair to sit at through the course of the event), properties, and any other matters which we need to provide the Services.
- If you do not comply with the above clause we can terminate the services and still be expected to be paid in full.
- I am not liable for any delay or failure to provide the Services if this caused by your failure to comply with the provisions of this section.
- If a booking is cancelled by the Client through no fault of the Illustrator, the Client shall pay a cancellation fee as follows:
- 100% of the fee if cancelled on the day (am or pm) of the event
- All fees and charges that the illustrator has incurred to be able to attend the event; including but not limited to – train tickets, hotel fees, materials etc.
- If a client has pre-booked and paid a retainer fee to secure the illustrator for a fixed event note that this is NON REFUNDABLE.
- If, due to circumstances outside our control (as set out below) we have to make any change in the Services or how they are provided, I will notify you immediately. I will use reasonable endeavours to keep any such changes to a minimum.
Circumstances outside our control
- Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, government action or other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
- The fees for the Service are set out in the quotation and are on a time and materials basis
- In addition to the fees, I can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of any materials required for the provision of the Services.
- I will invoice you for payment of the Fees either:
- When we have completed the Services; or
- On the invoice dates set out in the quotation
- The Client shall pay invoices within 30 days of their receipt. The Illustrator may charge interest on any balance unpaid after 30 days from the date of the invoice.
- If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any further services which have been ordered by, or otherwise arranged with you.
Ownership of copyright / Copyright license
The copyright in artwork commissioned by the Client shall be retained by the Illustrator. Any artwork produced on the evening shall be used by the recipient for social media and personal use only. The images are never to be used for financial gain/ branding etc- this would incur a separate usage fee to be determined between the two parties.
The Service provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third parties purposes.
- 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.
Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and this Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.