Terms & Conditions - Pearl Creative Consultants

Terms of business for all PCC Talent
By visiting and using the PCC (Pearl Creative Consultant) website or upon introduction to an artist you agree to the terms of business below.

An introduction may include the supply of details of a talent by PCC in various formats, including verbal, resume, portfolio, letter, hard copy and/or in email/web format.

If the client or the company/organization directly engage a PCC talent after the above mentioned introduction, or during the course of a commission, or after the completion of the commission then the client will be liable to pay a fee for breach of agreement. All work is to be invoiced through PCC unless otherwise agreed to in writing.

All material available from the PCC website is owned by PCC and the talent represented. The material can only be applied for personal use, you must not reproduce, modify, distribute any of the contents or samples provided in any way without PCC written permission.

Terms of Business for in-house Freelancers
In-house freelancers may include: Art Directors, Copywriters, Designers, Finished artists and Retouchers. For full Terms & Conditions please contact a PCC Consultant
The option of hourly, daily and weekly rates will be negotiated with PCC before commencement of employment, in agreement with the freelancer. Overtime and weekend rates are to be charged at time and half of the normal standard rate unless otherwise agreed to in writing.

The provision and maintenance of a healthy and safe work environment is the responsibility of the Client.

Should a freelancer introduced by Pearl Creative Consultants receive a permanent position with the client's company within a period of twelve months of introduction, a permanent placement fee will be payable to PCC.

All in-house rates are plus an Administration Fee, which will go towards funding the State Government Payroll Tax regulations, further details are available from a Pearl consultant.

Payment for all in-house work is strictly seven (7) days from invoice date.

Rates quoted are plus GST.

Terms & Conditions for Permanent Placements
Please contact a PCC consultant for further details.

Terms of Business for Illustrators & Artists
Artwork Ownership & Copyright & Moral Rights
The PCC talent retains copyright, and ownership of the original artwork unless agreed to in writing. The art cannot be altered or changed in any way without PCC or the artists consent. If the client would like to purchase ownership rights and/or further usage rights of the artwork a further fee will be negotiated and charged.
Any loss, damage or alteration to the original artwork while with the client or any representative of the client will be charged a further fee no less than 100% of the commissioned fee. The client may reproduce the artwork only for the agreed commissioned purpose only.

If the client purchases the art copyright, the client will not ‘on sell’, assign or sub license the rights to someone else without the artists consent. The artist retains the right to use the artwork for self-promotion. The agreement and any rights granted under it will automatically terminate if, the grantee company, goes into liquidation.

Moral Rights: The artist work is protected by the ‘moral rights’ act 2000. This act protects the artist’s professional integrity, or if the works are used in a derogatory way - for example, by distorting the artwork or modifying it. The client will not falsely attribute the artwork to someone else and the work in not to be used in a way that is prejudicial to their honour or reputation.
Cancellation or Unsuccessful Commission

If a commission is cancelled, fees detailed below will be payable in the following manner:

25% of the agreed fee if cancelled by the client before delivery of roughs.
35% of the agreed fee if cancelled by the client after delivery of roughs.
100% of the agreed fee if cancelled by the client on delivery of the finished artwork.

Estimates
If PCC or the artist give an estimate prior to receiving full details of the commission, this is in no way binding and may alter after the artist has received the complete brief.

Payment Terms
Payment to be made to PCC within the agreed time, which appears on the PCC invoice. Payment not received within that time will be subject to additional charges. Our artists do not receive payments until we do, so payment without delay is greatly appreciated.