Terms & Conditions
Last revision: 20/05/2021Terms and Conditions
1. Definitions & specifications
1.1. 'The Website' refers to Wilkman Commissions' official website, currently located at www.wilkmancommissions.com.
1.2. 'Commissioned Work' refers to any product purchased from the inventory on the Commissions page of the Website, including all preliminary Drafts and Propositions.
1.3. 'The Artist' refers to James Wilkinson, owner of Wilkman Commissions.
1.4. 'The Client' refers to anybody engaging Wilkman Commissions via the Website for Commissioned Work.
1.4.1. The Client must be 18 years of age or over at the moment of engagement.
1.4.2. If The Client is purchasing Commissioned Work on behalf of another entity such as a company, The Client warrants that they have the authorisation to agree to these terms and conditions on behalf of that entity.
1.5. 'Proposition' refers to the initial thumbnail sketch of the idea.
1.6. 'Draft' refers to a rough, full-sized version of the Commissioned Work.
1.7. 'Final Render' refers to the finished, deliverable Commissioned Work.
2. Availability
2.1. All orders are subject to the availability of the Commissioned Work ordered.
2.2. If for any reason a category of Commissioned Work is not available, we will endeavour to notify the non-availability on our online shop.
3. Deliverables
3.1. During the development of a Commissioned Work, The Artist will send, via email, developmental and preliminary material including thumbnails and progress imagery to The Client.
3.2. At project completion, The Artist will deliver a digital file of the Final Render to the Client.
4. Progression
4.1. Stage 1: A Proposition will be delivered within 96 hours of receiving payment (see 12).
4.1.1. If there are no revisions (see § 5) the project will proceed to Stage 2 once permission (see § 4.4) has been received.
4.2. Stage 2: A Draft will be delivered within 7 calendar days of the receipt of permission to proceed to Stage 2 (see § 4.4).
4.2.1. If there are no revisions (see § 5) the project will proceed to Final Render once permission (see § 4.4) has been received.
4.3. The Final Render will be delivered within 7 calendar days of the receipt of permission to complete the project (see § 4.4).
4.4.Permission to proceed
4.4.1. At each stage, The Artist will require overt permission from The Client to proceed to the next stage of the project.
4.4.2. Permission may be given verbally or in writing (e.g. via email).
5. Revisions
5.1. One revision is included in the advertised cost of a Commissioned Work.
5.2. Any additional revisions will incur an hourly cost as stipulated in § 11.
5.3. All revisions will be deliverable within 5 additional business days from the point that the revision was requested.
6. Substantive change: Revisions that The Artist determines to constitute a fundamental alteration in the nature of the Commissioned Work will,
6.1. be deemed to constitute a new piece of Commissioned Work,
6.2. reset all timeline commitments, and
6.3. be invoiced as a new project.
7. Cancellation
7.1. The Artist reserves the absolute right to refuse subsequent revisions and to cancel the project
7.2. In the case of cancellation by The Artist, a refund will be provided (see § 14).
8. Quality of Commissioned Work
8.1. The Artist undertakes to produce Final Renders of a comparable standard to the example images displayed on the Website.
8.2. The Artist will not be bound by any standard of production or project specification other than that which is demonstrated on the Website.
8.3. The Commissioned Work once approved for Final Render is understood to have been analysed and approved by The Client. The Artist will not be held responsible for spelling errors or accidental image likeness once the Commissioned Work has been approved for Final Render.
9. Usage rights
9.1. The Client will not resupply or resell any Commissioned Work.
9.2. With the provision of the exclusion noted in § 9.1, The Artist grants all reproduction and commercial, electronic and personal usage rights of Commissioned Work to The Client.
9.3. The Artist retains the right of usage of all Commissioned Work in any format for the purposes of self-promotion, including, but not limited to, placement in The Artist's portfolio and use in social media and website applications.
10. Attribution
10.1. The Artist would appreciate attributions of original Commissioned Work where appropriate.
10.2. Only the final Commissioned Work as delivered can be freely attributed to The Artist without consultation.
10.3. Any substantive changes to the final Commissioned Work, including but not limited to, layout, orientation, and colour must be communicated to The Artist and permission obtained from The Artist before attribution of the altered work may be made to the Artist.
11. Fees & pricing
11.1. All prices are in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated
11.2. The Artist reserves the right to alter prices at any time.
11.3. Commissioned Work is charged at a fixed rate as advertised on the Commissions page of the Website.
11.4. Additional work as stipulated in § 5, will be invoiced at an hourly rate of $40.
12. Invoicing & payment
12.1. An invoice will be emailed to The Client at the email address provided when the order is placed.
12.2. The Client is responsible for ensuring that all contact details are correct.
12.3. Payment is accepted via Visa, MasterCard, American Express, PayPal and AfterPay.
12.4. All payments are processed via PayPal's secure payments system and are subject to PayPal's Australian User Agreement.
13. Delivery
13.1. Prices for Commissioned Work stated on the Website are exclusive of any applicable delivery charges.
13.2. Delivery is available worldwide, and is priced as per Australia Post's standard rates.
13.3. The cost of delivery is as stated on the Website and a total delivery cost will be provided in the online order summary.
13.4. We will use all reasonable measures to ensure that orders for tangible goods are dispatched promptly after an order has been placed. Barring unforeseen circumstances, delivery can normally be expected within 14 days of purchase.
14. Returns & Refunds
14.1. If The Artist cannot meet project deadlines or complete an image to the indicated level of quality on the Website, a full refund of the Commissioned Work price plus any additional hours invoiced (see § 5) will be offered to the Client.
14.2. Refunds will be granted for physical goods that arrived damaged, if The Client can provide documentary proof of having receiving said goods in a damaged state within one month from purchase date.
14.3. A refund terminates the Commissioned Work engagement between The Artist and The Client, cancelling all further obligation on the part of The Artist toward The Client with respect to the Commissioned Work for which payment has been refunded.
15. Indemnity
15.1. The Client agrees to indemnify and hold The Artist harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Commissioned Work at the request of The Client for which no copyright permission or privacy release was requested or for which uses exceed the uses allowed pursuant to a permission or release.
15.2. Where The Client or any other person The Client may be acting for, or who The Client permits to act for them supplies incorrect information for the purchase of Commissioned Work and The Artist incurs cost in any matter concerning that information, then The Artist may recover the costs incurred from The Client (including legal costs on a solicitor-client basis).
15.3. Although The Artist endeavours to have complete and accurate information on the Website, The Artist will not be held responsible for the completeness and current accuracy of the information provided.
15.4. Except to the extent permitted by applicable law, The Artist and The Client agree to indemnify and hold harmless the other, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this agreement . This indemnification will survive the termination of this agreement .
16. Privacy
16.1. Unless The Client opts to receive messages from The Artist, The Artist will not contact The Client again in future.
16.2. If The Client has opted to receive ongoing communications and at a later date no longer wishes to receive these communications, they will be able to opt out of receiving this information by contacting The Artist by email or by following the unsubscribe instructions at the bottom of emails.
16.3. Opting out of receiving communications from The Artist will not prevent the sending of messages that specifically relate to The Client's order(s).
16.4. The Artist may use personal information that we collect about The Client to provide products and services to The Client and to administer orders and payments relating to The Client's purchases from The Artist.
16.5. The Client may need to permit the Website to place data files ("cookies") on The Client's computer to enable use of some features. Where The Client chooses not to enable cookies from the Website, some functionality may not be available.
16.6. Where The Client has provided information to The Artist on a confidential basis, The Artist will hold that information in confidence, except as required by law.
16.7. Although all reasonable measures have been taken to assure the security of the website, The Artist cannot guarantee that the website is secure, and cannot be held responsible for a breach of website security that is beyond our control.
16.8. The Client may request details of any personal information that The Artist holds about that Client, and ask to correct or delete it, at any time.
17. Scope of agreement & Modifications
17.1. This agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This agreement constitutes the entire understanding of the parties.
17.2. The terms of this agreement can be modified only by an instrument in writing signed by both parties.
18. Disputes
18.1. In the case of dissatisfaction with a Commissioned Work, The Artist undertakes to take all reasonable measures to correct the Final Render in line with The Client's wishes, to the extent that this conforms with sections § 5 and § 6 of these Terms and Conditions.
18.2. Any dispute regarding this agreement shall be arbitrated in South Australia under prevailing South Australian legislation.
19. Acceptance of Terms
19.1. These Terms and Conditions govern all supply of Commissioned Work by The Artist to The Client, including use of the Website.
19.2. These Terms and Conditions are effective from the date of last revision and replace all earlier terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
19.3. The Artist reserves the right to change these Terms and Conditions by notice to The Client. Notice may be given by posting the revised Terms and Conditions on the Website.
19.4. Failure to enforce any Terms or to exercise any rights stipulated in these Terms and Conditions does not invalidate the Terms in question, nor waive The Artists rights.
19.5. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these Terms and Conditions.