Terms and Conditions - URGENTLY NEEDED !!!

[JezUK]

Hi,

Can anyone point me to some Terms and Conditions I can use for 3d Visualisation work ?

I did have a lawyer draft mine about 16 years ago but those were a hard copy and I don't have them anymore.

Any help anyone ?

Please

Thanks.

[AJ Jefferies]

Here's a copy>paste of our T&Cs. They mostly address image licensing. Replace 'POTATO' with your details

Terms & Conditions

Ownership of Copyright/Copyright Licence

1. The copyright in artwork commissioned by the Client shall be retained by POTATO.
2. 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.
3. During the currency of the licence POTATO 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.
4. Where use of the artwork is restricted, POTATO 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 POTATO and Client.
5. The licence hereby granted to use the artwork is contingent upon POTATO having received payment in full of all monies due and no reproduction or publication rights are granted unless and until all sums due under this Agreement have been paid.
6. 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 POTATO’s consent.

Payment

7. 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

8. 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 first stage for approval;
(ii) 33% of the agreed fee if the commission is cancelled after the first stage for approval:
(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.
9. In the event of cancellation, ownership of all rights granted under this Agreement shall revert to POTATO unless the artwork is based on the Client’s visual or otherwise agreed.

Delivery

10. POTATO shall use its 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 POTATO falling to meet the agreed date.
11. POTATO SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.
12. 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 POTATO within 21 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.

[prateekvishwa]

long time ago i got this doc from cgarchitect.com.. see if it is of any use for you.. i personally feel this is too direct & some of my client got really annoyed in past after seeing such a big agreement LOL..

[JezUK]

.....some of my client got really annoyed in past after seeing such a big agreement LOL..

Thanks Prateek - yes, I can see that being a possibility with that example.

I managed to find another one elsewhere, cobbled bits from that and felt comfortable with what I'd created

I remember that lawyer I mentioned in my opening request stating to me after I'd paid him for mine, that I'd never know how good my T&Cs were until the day I'd actually need to refer to them.

That was 16 years ago and only now have I been asked for the first time to show my T&Cs.

[JezUK]

Here's a copy>paste of our T&Cs. They mostly address image licensing. Replace 'POTATO' with your details

Thanks AJ, I'd already found another example of T&Cs and had already gone for that one. By the time I started changing their names for mine , I couldn't simply bolt any of the good bits from yours as the writing styles were simply too different

[Lupaz]

Thanks AJ, I'd already found another example of T&Cs and had already gone for that one.

Do you think you can share it?
Thanks.