When working with

DAVID PARK Photography you agree to the following T&C’s.

1 / Confirmation

The commission and brief shall be confirmed based on a written description provided by DAVID PARK outlining stages involved, fees for each stage and description of work to be undertaken.

2 / Modifications

No modifications or alterations to any designs or other work may be made without the consent of DAVID PARK. Any modifications or alterations must be carried out by or under the supervision of DAVID PARK and shall be paid for at a rate agreed with us in advance. In the event of any reprints being required, these shall not differ in any way from the originals supplied, without the consent of DAVID PARK.

3 / Alterations

DAVID PARK is entitled to charge additionally for extra work entailed in making alterations to an approved design, necessitated by changes in the Client’s instructions or brief, or any other cause beyond the control of DAVID PARK.

Changes to the original brief may incur additional charges. These costs will be fully advised to the Client before any work is undertaken.

4 / Production

All printed proofs, dummies or cutting copies must be submitted to the studio for checking and approval prior to use. The designer will make himself reasonably available to provide advice during production and for the approval of any minor modifications that may be required.

5 / Rushed Work

The studio is entitled to charge additionally for any work required in advance of any agreed timetable or for any agreed shortening of the contact period.

6 / Invoicing

DAVID PARK shall be paid for all fees as have been agreed, which may be subject to VAT. The price shall be calculated by reference to the estimate issued by DAVID PARK. Every effort shall be made by DP&A to deliver the goods at the price quoted, however the company reserves the right to alter the price in the event of any additional work incurred, necessitated by changes in the Client’s instructions, or any other cause beyond the control of DAVID PARK.

Where purchase order numbers are required by clients, these must be issued on receipt of the initial estimate or in a timely manner as agreed with DAVID PARK. All new Clients’ will be invoiced for 30% of the agreed fees in advance of any work being
carried out.

For long term projects invoices will be submitted by DP&A at the end of each calendar month for work carried out during that month, or at set stages in the work as agreed in advance.

Any queries relating to any invoice should be notified in writing within 3 days of receipt of the invoice.

6.1 / Payment

All account invoices shall be paid strictly within 30 days of the date of the invoice. No artwork will be supplied to a Client on a current project, if there are any overdue invoices still outstanding from previous projects.

All new Clients must pay 30% of the agreed fees in advance of any work being carried out. All other subsequent invoices will be liable for payment on a strictly COD basis.

DAVID PARK is entitled to charge interest at the rate of 4% per annum above Bank of Ireland minimum lending rate on all sums due for more than 30 days from invoice date, until the date payment is actually made.

7 / Expenses

In addition to design fees, DAVID PARK shall be reimbursed for all reasonable out of pocket expenses, actually and properly incurred in the execution of the commission. Such expenses can include hotel and travelling expenses, use of car/mileage, long distance telephone calls, etc.

8 / Costs

Costs incurred by DP&A for such items as prints and other reproductions of drawings, typesetting, the provision of mock-ups, etc., Furnished at the Client’s request or with their approval (unless they comprise of the design proposals or are converted under a fixed fee agreement) shall be charged separately. A handling fee of 17% is applied to all outside costs.

9 / Free Specimens

The Client shall provide DAVID PARK designers, free of charge, with a reasonable number of specimens of any work carried out in connection with the commission.

10 / Use of Work

The design or any other work carried out during the course of the commission must not be used for any purpose other than that for which it was commissioned without the prior written approval of DAVID PARK. In no circumstances may any work in rough form be used or published as finished work without the prior written approval of DAVID PARK. The Client may not either use or alter artwork without the permission of DAVID PARK.

11 / Design Credits

DAVID PARK is entitled to claim authorship of its design work. All work published shall bear a studio credit displayed in agreement with the Client. DAVID PARK’s consent shall be obtained before its name is reproduced on any finished product or otherwise published.

12 / Copyright

Legal copyright and other industrial property rights including intellectual property will remain the complete property of DAVID PARK until such time as payment for the specific invoice related to that project is paid in full.

The assignment of this copyright is specific and limited to the completed work as specified in the final invoice and does not include preliminary concepts, sketches and ideas related to that job.

DAVID PARK cannot assign the legal copyright of the creative/technical services from third party suppliers [i e: illustration, photography, 3 dimensional design concepts commissioned for a project on behalf of the Client. Assignment of Copyright for such work should be agreed in advance with said supplier. Other use of creative works by the client, apart from that specified, may incur a further fee payable to that supplier if not agreed with said supplier in advance.

DAVID PARK does not accept breach of copyright fees/penalties from third parties due to additional Client marketing activities outside of those specified in the original scope of work. These third parties include; Photographers, Image libraries, Illustrators, Web developers, 3D Designers, Character illustrators/creators.

When legal Copyright, or other industrial property rights, of a design are acquired by the Client, DAVID PARK shall, if requested, assist in any application for design registration. The costs shall be borne by the Client. Where additional disciplines i.e.: Illustration, photography are commissioned for a project the original shall remain the property of the executor. 

Other use, apart from that specified, will incur a further fee payable by the Client. Copyright may be assigned to the Client if stated and included in the original fee or after an additional payment has been negotiated for this purpose.

13 / Design Registration

When the copyright, or other industrial property rights, of a design are acquired by the Client, DAVID PARK shall, if requested, assist in any application for design registration. The costs shall be borne by the Client.

14 / Termination of Agreement

Any agreement between DAVID PARK and Client shall terminate if either party commits a breach of agreement and fails to remedy it within 7 days of receiving notification from the other party.

Such notification must specify the nature of the breach and outline a remedy. On termination or postponement of the commission, or any part of it, for any reason DAVID PARK is entitled to full remuneration for the work completed to date, together with all expenses. DAVID PARK shall retain the copyright upon completion, even if the fee agreed in advance for the work has included assignment of the copyright.

15 / Resumed Commission

If a postponed commission is resumed without substantial alteration, within a period of one year from the date of postponement, any fees paid to date shall rank as payments on account towards the total final fee payable on completion of the work. Where a commission has been postponed for a period exceeding one year and then resumed, any fees paid shall be regarded as final payment for the services originally rendered. The resumed commission shall be deemed to constitute a separate contract for which fees shall be negotiated.

16 Clearance of Outstanding Invoices

Payment for outstanding invoices must be received in advance of DAVID PARK releasing future artwork.