The following Terms & Conditions are designed to include the purchase of digital files in the online store and for any commission of original artwork, designs, or wall art from Emma Airnes, BumBumBee Creative (bbbcreative). The following information must be read fully and accepted before (a) downloading digital files or (b) signing the final Commission Agreement, which is legally binding.
To request an estimate contact bbbcreative on the Request for Commission form.
The individual, Emma Airnes – the Creative Agency, Bumbumbee Creative (bbbcreative) – the creative – creating the commission.
The individual purchasing the commission/personalisation.
The form of service provided by Emma Airnes (The Creative) to the Client per the Commission Agreement. “Commission” “Artwork,” “Imagery,” and “Creative project(s)” are used interchangeably herein and in Commission correspondence.
The discussion, documented via email, (originated via phone call or website form or email) in which the Creative and the Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Creative is expected to commence the project and – if applicable – the Commission deadline, early termination circumstances, rush fees, Transfer of Copyright, and/or whether or not the Commission can be immediately displayed in the Creative’s portfolio, or used in Marketing and PR.
This Commission Agreement shall remain on record with the Creative, along with any other documents related to the Commission for the duration of the project, and 12 months thereafter, before being Archived.
The point in time by which the Creative and the Client have agreed to start work on the Commission (once the brief has been agreed).
A creative brief is the most important document in the creative process. It’s used by creative professionals and agencies industry-wide to develop creative deliverables.
The Creative Brief will be completed by the Client and discussed/signed off by the Creative.
The brief will include format requirements, sizing, colours, gender (or any other personalised information).
Any changes in the signed off Brief, may affect costs and timeline.
When requests and/or changes are made over and above what has already been agreed and signed off, this is known as Project Creep. If there are any changes to the original brief or additional tasks added on – this will change the nature of the original agreement. The Creative is not obliged to meet the new deliverables, nor legally bound to do so without putting a new Brief/Agreement in place. This may impact timelines and costs. However, the Creative is flexible and will, where possible, endeavour to meet the Client’s request. Transparent communication will be provided regarding any extra costs incurred.
The Creative is committed to a better community and environment for all. With this in mind, the Creative will not tolerate Commissioned works to be displayed on any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the originator of works (i.e. in this instance, the Creative, Emma Airnes). Additionally, no Commission may be displayed without notifying the Creative first, or as agreed upon in the Commission Agreement.
Under current copyright law in the UK, the artist/Creative/Originator owns the copyright in work commissioned by a third party, unless they have signed an agreement to the contrary.
The Copyright, Designs and Patent Act of 1988 ensures the Artist/Creative/Originator may assert their Right as the Copyright owner.
Emma Airnes (as the Creative/Originator) asserts that Right over all exisiting artwork – commissioned or otherwise – produced by BumBumBeeCreative bbbcreative).
Should the Client wish to discuss Transference of Copyright, this should be raised at the Commission Agreement stage, whereupon licensing may be discussed as an alternative.
For clarification, the Creative does not wish to sell Copyright to her existing products, however, she may consider a License Agreement.
There are generally two types of License Agreements:
Licensing means – the Creative retains all copyrights © to an image, and provides a license, or “rents”, the art to a business (or individual) for either a one-time use, such as in a magazine or advertising campaign, or for a longer term use to print on products, such as a t-shirt line or pottery or greeting cards, etc.
The most common methods of payment for art licensing are:
- Royalties with advance up front
- Flat Fee
Any agreements made will be for a period of 12 months only, with the opportunity for either party to review. Please read the Licensing Process Guidelines.
By commissioning the Creative, the Client is purchasing the Creative’s labour only.
The Creative retains all rights to the Commission, which includes but is not limited to distribution, reproduction, use of the Commission for marketing purposes, PR, editorial, social media or events.
If there is a “Transfer of Copyright Agreement” The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original Commission, or as it applies to new Terms of Service agreed upon in a “Transfer of Copyright Agreement.”
The Client may not edit, alter, or trace the Commission without the Creative’s expressed written permission, or as agreed upon in the Commission Agreement prior to Commencement of Commission.
The Creative also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.s
Full payments for Commissions must be made in the signing of the Commission Agreement prior to the Commencement of Commission. Alternatively, a 50% up-front fee can be paid after the approval of the Brief (by prior Agreement)
In the event that payment is made in instalments (i.e. 50% up-front), ownership of the Commission will only pass from the Creative to the Client on receipt of payment in full.
The Commission will not be sent to Client until the agreed payment amount has been received.
Payment method is determined as written in the Commission Agreement prior to the Commencement of Commission (i.e. bank account transfer, Credit Card or PayPal).
The Creative will confirm payment once drafts have been seen and agreed upon by the Client; any further work on the Commission will be with-held until this agreement is made and payment received.
NOTE: All prices are specified as Great Britain Pound Sterling (GBP).
It is the Client’s responsibility to ensure that they have converted currencies based on current exchange rates.
The Creative has the right to refuse any Commission request, without needing to explain the reason (however, the Creative will likely explain reasoning for decline out of courtesy).
Each design, artwork or wall art created by the Creative is hand-crafted, hand-painted, hand-drawn or digitally created. Each item is a unique piece. Therefore, variations may (and will) occur due to the unique nature of each piece. This means the Client will own one-of-a-kind, original piece when they purchase a design from the Creative. It is the Client’s responsibility to be aware of this fact before purchase as refunds will not be provided due to ‘variation’.
The Creative reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behaviour, or if the Client is in any way, breaching Terms & Conditions. Where payment terms have been arranged, the Creative reserves the right to stop work if a payment deadline is not met. The Creative reserves the Right to terminate the Commission Agreement completely if payment terms are not met.
The Creative will not reproduce a Copyrighted or Trademarked image or character without the express written permission of its Copyright or Trademark owner, and as it pertains to Copyright Law.
The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used.
Due to the hand-crafted/hand-drawn-hand-painted nature of each design an adequate Lead Time must be provided.
The Creative may decline a Commission that has an unrealistic or tight/short deadlines where the Client is not open/flexible or is unable to understand the time taken at various stages of the creative process.
Generally, it is preferable if a buffer (in terms of days) should be added to allow for unforeseen circumstances on either side.
If the Commission is time-sensitive, a Rush Fee may be applied in keeping with Industry standards.
The timing and lead time will be defined and agreed upon in the Commission Agreement prior to Commencement of Commission.
The Creative, to the best of their ability, will provide a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished product. This will be agreed prior to Commencement of Commission.
The Client will provide progress updates at key milestones where necessary (Photographic, Email or Messenger). Transparent Communications will be provided if changes to completion times have occurred.
Please note, however, the Creative will do their utmost (and will often go above and beyond) to respect the agreed deadline. In some instances, however, the Creative may be at the mercy of a supplier who has failed to deliver. In such examples, where the Creative is unable to influence the outcome, they (the Creative) will not be held responsible for such delays.
The Client may display the Commission in their social media profiles as long as the Creative’s name (“Emma Airnes, BBBCreative”) is prominently displayed along with a link to bbbeecreative.com or Emma Airnes www.bbbeecreative.comfor social media accounts. Additionally, any Profile display of the Creative’s Commission must notify the Creative, unless already defined in the Commission Agreement prior to Commencement of Commission. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in the Commission Agreement prior to Commencement of Commission. The Client must obtain written permission from the Creative prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply if Commission is not credited appropriately.
Digital art commissions will be provided to the Client via email or an online download location in .jpeg, png or PDF. This does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Creative. Files will be of highest resolution and may include both signed, watermarked or un-watermarked copies of the finished product (depending on the nature of the design).
The Creative is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device (e.g. CD, DVD, flash drive, etc.) or print of a digital Commission) unless signed and agreed upon in the Commission Agreement prior to the Commencement of Commission.
The Creative is not responsible for printing (creating a hard copy of) a digital Commission or digital files purchased online through the online store – unless agreed upon in the Commission Agreement – or in an advance communication prior to payment and download of the digital file.
If the Client is unable to print at home, they may send their print-ready digital file to their local printer.
However, please note, the printer will have their own printing costs to cover and their own lead time. Please be aware of these before you send a digital file to your local printer.
If home printing, or printing via a local printer is not an option, The Creative and Client may come to an agreement whereby the the Creative prints the artwork on a recommended stock on the Client’s behalf.
Additional materials, labour, shipping, handling and packaging costs must be agreed and paid in advance to the Creative.
The hard copy will then be shipped with a cardboard window mount (for use when you frame your artwork) and to give protection and structure within the postal satchel.
Please, note, the Creative cannot be held responsible for the shipping/postal process or any damage that may occur in transit.
However, the Client, for an additional cost, may make their own decisions about insurance or upgrade to premium packaging as recommended by the Royal Mail.
The Creative will ensure packaging of the Commission (or ‘pre-arranged’ hard copy of digital file) is safe and secure, and will provide postage and tracking details to the Client once the Commission (hard copy) has been posted.
The Client accepts all possible risks once the Commission Agreement has been signed and payment made.
The Client is responsible for insuring that all their contact details are up-to-date and correct. Either party shall notify the other party in case of change of address prior to such change.
The Creative is not responsible for any damages or misadventure to befall the Commission (or digital hard copy print) except for those inflicted at the fault of the Creative or during the Creative’s possession. The Creative will contact the Client should this occur. The Creative is also not responsible for any theft or misplacement of the Commission. The Artist will ensure packaging of the [traditional or digitally printed] Commission is safe and secure, and will provide postage and tracking details to the Client once the Commission has been posted. The Client accepts all possible risks once the Commission Agreement has been signed and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the Commission, and must provide evidence of said damages. If the Commission has been damaged but the Client wants to retain ownership, the Artist will refund 50% of the full amount back to the Client or as negotiated. If the Commission is stolen, lost, or perished during transit, the Artist will refund 50% of the full amount back to the Client or as negotiated [traditional and digital print]. Any damages or misplacement caused at the fault of the Client or during the Client’s possession will not be refunded. The Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Commission by other parties if a “Transfer of Copyright Agreement” was made.
Refunds for Commissions will not be provided unless the Client can demonstrate ‘exceptional circumstances’.
If the Client is unsatisfied with the Commission for an appropriate reason, they must contact the Creative within seven (7) days of receiving the final Commission.
Disliking the Commission or change of mind will not be considered as a reason for a refund; this is because stylistic examples of artwork are provided online, a brief will have been agreed and signed off prior to commencement of commission, conceptual drafts, progress photos and/or milestone updates are available throughout the creative process. Any misalignment of expectations should be flagged at that time as soon as they arise (not at the end of the process).
In such cases, revisiting the Brief may be required but the Client is not entitled to a refund for work carried out to that point if they have failed to communicate an aspect of the Brief that proves to be important or changes the original scope.