No modifications or alterations to any designs or other work created for the commission may be made without the consent of Degraf.
Any agreed modifications or alterations shall only be carried out by or under the supervision of Degraf and shall be paid for at a rate agreed with Degraf in advance.
In the event of any reprints being obtained by the client, these shall not differ in any way from the originals supplied, without the consent of Degraf.
18. Illegal matter
(a) Degraf shall not be required to print any matter which in his opinion is or may he of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
(b) Degraf shall be indemnified by the customer in respect of any claims costs and expenses arising oat of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
19. Design credits
Degraf asserts their right to be identified as author of any design work which has been created as a result of the commission and any publication of that work or reproduction thereof on any finished product shall bear a clear and distinctive credit to Degraf as approved by Degraf.
Degraf’s name, signature or trading style shall not be registered in any way or used upon or in relation to any of the commissioned work unless asserted as above or approved in advance by Degraf in writing.
20. Intellectual property rights
Any design or registered design rights arising in all or any of the work created by Degraf shall be assigned by the client and belong to Degraf. All intellectual property rights arising in all or any of the work created by Degraf are and shall remain the property of Degraf unless assigned in writing after payment of all fees, costs and expenses have been paid.
Any fees paid to Degraf shall not be deemed to include the assignment of any such intellectual property rights.
If any intellectual property rights arising in respect of the commissioned work are acquired from Degraf by the client, Degraf shall, where reasonably requested, assist in any application for registration of any such rights. Any costs incurred by Degraf shall be paid by the client.
22. Periodical publications
A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals.
Notice may be given at any time but wherever possible should be given after completion of work on any on issue.
Nevertheless Degraf may terminate any such contract forthwith should any sum due thereunder remain unpaid for more than 14 days from becoming due.
23. Force majeur
Degraf shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike, or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
During the continuance of such a contingency the customer may by written notice to Degraf elect to terminate the contract and pay for work done and materials used, but subject there to shall otherwise accept delivery when available.