Last updated: June 29, 2022
Before signing a Commission Agreement with the Artist, the Client must read and understand these terms. Once the Client signs a Commission Agreement with the Artist, it is assumed that the Client has agreed to all Terms and Conditions.
ARTIST The individual producing the Commission ("ArtEverywheret")
Country refers to: Philippines
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Art Everywhere.
CLIENT The individual purchasing the Commission.
COMMISSION The type of service the Artist will give the Client based on the terms of the Commission Agreement. "Commission," "Artwork," "Imagery," and "Projects" are all used in the same way here and in correspondence with the Commission.
COMMISSION AGREEMENT The email conversation in which the Artist and Client agree on the subject and type of Commission to be made, the Commission price, the time the Artist is expected to start in Start of Work, and, if applicable, the Commission deadline, early termination circumstances, rush fees, Transfer of Copyright, and/or whether or not the Commission can be shown in the Artist's portfolio right away. This Commission Agreement and any other paperwork related to the Commission must be kept by the Artist for at least two years.
START OF WORK The date by which the Client has granted the Artist permission to begin working on the Commission (e.g., Artist begins to create the Commission).
PROFILE Websites where the Commission may be visible (for example, "galleries" like livingyourpazzion.com, Facebook and Instagram albums, DeviantART.com, etc.). Sites known to exhibit, replicate, and/or sell works without giving the artist credit are not included in "profile(s)," nor are any sites that engage in unlawful activity such as isplay hateful or racist imagery, and illegal activities,. Additionally, no Commission may be exhibited unless expressly permitted by the Commission Agreement, the Artist, or both.
PERSONAL and PUBLIC SPACE PERSONAL SPACE. Non-public, offline venues (such as home or office); i.e., no Commission-related business is undertaken. PUBLIC SPACE. Offline areas not covered by "Personal Space" above.
TRANSFER OF COPYRIGHT AGREEMENT The discussion, documented via email (or where email is not available, via Australian Postal Service), in which the Artist and Client agree to transfer Copyright of the Commission from the Artist to the Client. This does not include Trademark.
SALE The Artist sells or gives the Commission to the Client at the price written in the Commission Agreement before the Start of Work.
PAYEMNT Before the start of work, the Commission Agreement must be signed and all payments must be made in full. Alternatively, a 50% deposit can be paid after the Commission Draft has been approved. If payment is made in parts (for example, 50 percent up front), the Client will not own the Commission until the Artist has received full payment. Purchaser won't get the Commission until the agreed-upon payment amount has been received. Before the start of work, the method of payment is written in the Commission Agreement (i.e. bank account transfer, PayPal). The Artist will confirm payment once the Client has seen drafts and agreed to them. Until this agreement is made and payment is received, no further work will be done on the Commission.
NOTE: All prices are specified as US Dollars ($US) and Philippine Peso (Php). It is the Client's responsibility to ensure that they have converted currencies based on current exchange rates (for USD).
DECLINE of OFFER The Artist has the right to turn down any request for a commission without having to say why (however, the Artist will likely explain reasoning for decline out of courtesy).
ARTIST CANCELLATION OF COMMISSION The Artist has the right to stop working on a Commission or cancel a Commission request if there is bad communication, rude or inappropriate behavior, an inability to communicate well, or a violation of these Terms of Service.
COPYRIGHTED or TRADMARKED CHARACTERS The Artist will not copy a character or image that is protected by a copyright or trademark without the written permission of the owner of the copyright or trademark and in accordance with copyright law.
ARTISTS' RIGHTS TO COPYWORK AND REPRODUCTION When the Client hires the Artist, all they are buying is the Artist's labor only. The Artist keeps all rights to the Commission. This includes, but is not limited to, distribution, reproduction, and using the Commission to promote the Artist (on profiles, social media, websites, etc.) or as it applies to new Terms of Service agreed upon in a "Transfer of Copyright Agreement," as defined in the Client Documents. The Client can't sell, copy, or make money in any other way from the Commission, besides reselling the original [traditional art] Commission or as it applies to new Terms of Service agreed to in a "Transfer of Copyright Agreement." The client can't change, edit, or trace the Commission without the Artist's written permission or unless it's in the Commission Agreement that was signed before the Start of Work. Unless something else is agreed upon, the artist also keeps all rights to any preliminary designs and other works made while working on the Commission.
DESCRIPTION OF COMMISSION Before a Commission Agreement is made, the Client must describe as best they can what their Commission will be. Complex Commissions will have extra illustration fees, which will be set out in the Commission Agreement and agreed upon before the Start of Work. No matter if the Commission is done digitally or by hand, the Client must tell us what size they want it to be on the screen. If the display size is big, there will be extra illustration fees, which will be set out in the Commission Agreement and agreed upon before the Start of Work. Details about how much a Commission costs can be found here. All prices are just estimates and may not be the final price of a given Commission.
FLEXIBILITY of DEADLINE
The Artist won't take on Commissions with a) tight or short deadlines or b) clients who aren't flexible about deadlines. If the Commission needs to be done quickly, a rush fee may be charged. This fee will be defined and agreed upon before the Start of Work in the Commission Agreement. Before the Start of Work, the Artist can, as best they can, give a general idea of how long the Commission will take to finish and when the Client can expect to get the finished product. The Artist will keep the Client up to date on the project's progress (including photos) and let them know if the expected completion date has changed. The Artist is not required to explain why they need more time or why they are taking longer to finish a Commission, but they often do so out of respect.
CONFIDENTIALITY
If the Commission is marked as confidential in the Commission Agreement, the Artist will temporarily stop showing the image to the public until the Commission Agreement says it can be shown to the public. This is at the request of the Client and according to the terms of the Commission Agreement. A Client can't ask an Artist to do a Commission without putting in the Commission Agreement a time frame for when the Artist can show the image to the public.
PUBLIC USE & DISPLAY
The Client can show the Commission in their Profiles as long as the a link to livingyourpazzion.com or "@livingyourpazzion" are in a prominent place. Also, if the Artist's Commission is shown on a Profile, the Artist must be told, unless this is already stated in the Commission Agreement before the Start of Work. The Client can't show a Commission outside of Personal Space or in a Public Space unless new Terms of Service are agreed upon in the Commission Agreement before the Start of Work. Before putting the Commission up in a public place, the Client must get written permission from the Artist if it's not already in the Commission Agreement. Extra fees may apply.
COMPETION The Client may not enter a Commission into any kind of contest, either online or offline.
DIGITAL COMMISSION Digital art Commissions are delivered to the Client via email or an online download location in.jpeg or.png format (PDF possible); this does not include the Commission native files (e.g.,.psd,.tif, etc.), unless agreed upon in the Commission Agreement, or unless the Client obtains written permission from the Artist thereafter. The files will contain both signed/watermarked and unsigned/unwatermarked versions of the final result. The Artist is not liable 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 art Commission) unless specified in the Commission Agreement prior to the Start of Work.
PROMOTION Unless specified otherwise in the Commission Agreement, the Artist may utilize any photographs of the Commission for promotional reasons (see Term 10 - Confidentiality).
The Client is responsible for ensuring the accuracy of their contact information. If either party's address changes, the other party must be notified prior to the change.
The Client will not allow any use of the Artist's name or misuse of the Commission that would reflect poorly on the Artist's reputation as an artist or breach the spirit of the Commission.
The Client is not permitted to combine the Commission into another artwork (or another Artist's Commission).
The Client may request a preview of the Commission at any moment during the development process, but cannot propose revisions to the Commission after Start of Work or approval of the draft, unless otherwise specified in the Commission Agreement prior to Start of Work.
This Agreement represents the entirety of the parties' understanding. Its terms can only be updated by a written agreement signed by both parties. A waiver of a breach of any provision of the Agreement shall not be regarded as both a waiver of future breaches of the same or other provisions.
REFUND POLICY
The Client must contact the Artist within seven (7) days of receiving the final Commission if they are dissatisfied with the Commission for a valid reason. Refunds are not provided for dissatisfaction with the Commission or a change of heart; this is minimized by providing drafts and progress images during the Commission process. The Client must specify whether they desire a complete refund or an alternate replacement. The Client has seven [7] days to return the [digital] Commission; otherwise, no refund will be issued. The Client must delete all digital formats of the Commission.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
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