Terms & Conditions

Introduction

These terms and conditions apply between you, the User of this Website, and Evan Jones trading as Evan Jones Studio (“Evan Jones Studio”), the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

Intellectual Property and Acceptable Use

All Content included on the Website is the property of Evan Jones Studio. Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

You may, for your own personal, non-commercial use only, retrieve, display and view the Content on a device.

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Evan Jones Studio.

Prohibited Use

You may not use the Website for any of the following purposes:

• in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
• in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
• making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Evan Jones Studio or that of our affiliates.

We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: https://evanjonesstudio.co.uk/privacy-policy/

Availability of the Website and Disclaimers

Any online facilities, tools, services or information that Evan Jones Studio makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Evan Jones Studio is under no obligation to update information on the Website.

Whilst Evan Jones Studio uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Evan Jones Studio accepts no liability for any disruption or non-availability of the Website.

Evan Jones Studio reserves the right to alter, suspend or discontinue any part (or the whole) of the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of Liability

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Evan Jones Studio accepts no liability for any of the following:

• any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
• loss or corruption of any data, database or software;
• any special, indirect or consequential loss or damage.

General

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions, together with the Privacy Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

This Agreement and any disputes or claim arising out of it is governed by the laws of England and Wales.

Evan Jones Studio Details

Evan Jones Studio of 64 Barons Close, Leicestershire, LE92BW operates the Website www.evanjonesstudio.co.uk.

If you have any questions about these Terms and Conditions you can contact Evan Jones Studio by email on [email protected].

Basis of Contract

An order constitutes an offer by the customer to commission or purchase artwork from Evan Jones trading as Evan Jones Studio (“Evan Jones Studio”) in accordance with these terms and conditions.

Submission of a quotation or artistic proposals does not constitute an agreement to carry out the commission. Commissions may be turned down by Evan Jones Studio.

The order shall only be deemed to be accepted when Evan Jones Studio issues an invoice for the deposit, at which point the contract shall come into existence.

Scope of Work and Process

The scope of work including an estimated date of completion will be as set out in the invoice for the deposit.

Quality of Goods

Evan Jones Studio will update the customer on the progress of a commission and undertake up to 2 rounds of minor revisions.

If the customer remains unsatisfied after these revisions, the customer may terminate this contract by paying a “kill fee” equal to the proportion of the work undertaken when the project was cancelled, plus the deposit. Upon termination, Evan Jones Studio retains all rights to the artwork and the customer may not use any version of it for any purpose.

Alternatively, if the customer requires revisions which substantially alter the scope of the commission (e.g. replacing a plain background with a detailed background) a revised quote will be issued and a further deposit amount will be required (to increase the deposit amount held to 25% of the revised total) prior to recommencement.

Payment Terms

The price for the artwork is the price set out in the order plus, if appropriate, the cost of packaging and delivery of the artwork.

The customer shall pay each invoice submitted by Evan Jones Studio within 14 days and in full and cleared funds to Evan Jones Studio’s bank account.

For commissions, the payments will comprise:

• a non-refundable deposit of 25% of the order to begin work
• the balance, due upon completion but before final delivery of the artwork

For original artworks, full payment is required prior to delivery.

Delivery

Standard delivery prices, as set out on the Website, is to UK and Isle of Man addresses only, excluding Northern Ireland. Delivery to other locations can be individually quoted.

Evan Jones Studio shall deliver the artwork to the location set out in the final invoice after Evan Jones Studio notifies the customer that the artwork is ready (and once final payment has been made). Payment of this invoice confirms you have checked the delivery details and that they are correct.

If preferred, the customer may collect the artwork from Evan Jones Studio’s premises at 64 Barons Close, Kirby Muxloe, Leicester, LE9 2BW.

Any dates quoted for delivery are approximate only. Evan Jones Studio shall not be liable for any delay in delivery that is caused the customer’s failure to provide Evan Jones Studio with adequate instructions or any failure by the delivery company.

The artwork will be securely packaged and sent via a tracked and insured service. If in the unlikely event that your artwork is damaged or your parcel is lost, Evan Jones Studio shall not be liable in any way. We will make a claim on your behalf with the courier for compensation against the total cost of your order. Refunds will only be issued after a claim has been accepted by the courier. If a replacement artwork is required a new order must be placed.

Intellectual Property (IP) and Copyright

All IP rights to the artwork shall remain with Evan Jones Studio unless a written transfer of ownership is signed.

By commissioning from Evan Jones Studio you grant the right to use any supplied photograph(s) to produce artwork from.

Evan Jones Studio retains the right to use the artwork in their portfolio, social media, and marketing materials unless otherwise agreed. This includes reference photographs (whether taken by Evan Jones Studio or supplied by the client) and mock-up images. Where restricted by GDPR (e.g. where individuals can be identified) we will seek your written permission. This will apply from the date of order placement unless an alternative date is agreed, such as after an embargo date (e.g. a birthday).

The client is permitted to use the artwork for personal use only.

Cancellation and Termination

Either party may terminate this contract for convenience by giving the other party not less than 7 days’ written notice. In such case:

• If Evan Jones Studio cancels, all payments (including the deposit) must be refunded.
• If the customer cancels and work has not begun, the deposit is forfeited.
• If the customer cancels and work has begun, the deposit is forfeited and a “kill fee” is payable equal to the proportion of the work undertaken when the project was cancelled. The artwork will remain the property of Evan Jones Studio who will retain the right to complete the artwork and to use it for promotional purposes or to offer it for sale to a third party (other than where restricted by GDPR (e.g. where individuals can be identified) in which case prior permission would be sought from the original customer).

Either party may terminate this contract with immediate effect by giving written notice to the other party if the other party commits a material breach of the contract and (if the breach is remediable) fails to remedy the breach within 14 days after being notified to do so.

Evan Jones Studio may also terminate the contract with immediate effect by giving written notice to the customer if the customer fails to pay any amount due under the contract on the due date for payment.

All artworks are non-refundable and non-returnable.

Liability

Evan Jones Studio is not liable for damages exceeding the total amount that the customer has paid for the service.

General

These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

This Agreement and any disputes or claim arising out of it is governed by the laws of England and Wales.

Evan Jones Studio Details

Evan Jones Studio of 64 Barons Close, Leicestershire, LE92BW operates the Website www.evanjonesstudio.co.uk.

If you have any questions about these Terms and Conditions you can contact Evan Jones Studio by email on [email protected].