Terms & Conditions
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Definitions
For the purpose of this agreement, the Artist providing the Commission service is Abbie Barker and the Client is the individual purchasing the Commission.
Acceptance
It is not necessary for the Client to have signed any documents for these terms and conditions to apply. If the Client commissions the Artist then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any commission implies that you have read, understood and accepted these terms and conditions.
Price Quotations
Charges for the Commission to be provided by the Artist are defined in the price quotation that the Client will receive, upon request, via email. Quotations are valid for a period of 30 days.
The Artist reserves the right to alter or refuse to honour a quotation after expiry of the 30 days.
When the Client has approved the price quotation and the first invoice is paid, then this is the Start of Work. This is when the Artist begins to create the Commission.
The Artist has the right to refuse any Commission request, without needing to give an explanation.
If the Commission is time-sensitive, a rush fee may be agreed upon prior to Start of Work.
Additional Expenses
The Client agrees to reimburse the Artist for any additional expenses incurred for the completion of the work. Examples of these instances would be postage charges, media devices e.g. flash drive.
Photo Provision
The Client will be required to provide suitable photographs for the commission work related to portraits to be produced.
The Client must have permission to use such photographs and it is their responsibility to not breach any copyright laws.
Artwork progress
Once work commences on a Clients Commission, the Artist will email the Client an estimated completion date.
The Client agrees that it shall not hold the Artist liable for any damages arising from the Artist’s failure to complete the Commission by the estimated completion date.
The Artist reserves the right to share “art in progress” images to social media unless the Client expresses this not to be done. eg a surprise present
Once the Commission is completed the Artists will email the Client a watermarked version.
At this stage only very minor adjustments can be made.
Copyright
The Artist retains the copyright to the artwork created for the Clients.
The Artist reserves the right to display the artwork on their website and social media pages.
If a Client is unhappy about the artwork being displayed, they must declare this upon placing the Commission.
The Client retains ownership of the artwork and may display the Commission on social media as long as the Artist’s name is prominently displayed along with a link to the Artist’s website.
The Client may not edit, alter or make any reproductions of the artwork without written permission of the Artist.
The Client will not permit any use of the Commission or misuse the Artist’s name in a way which would discredit the reputation of the Artist.
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Deposit
The Artist requires a 50% deposit from the Client to confirm a commission slot. This deposit is non- refundable.
Payments
Upon completion of the Commission, the watermarked version will be sent via email to the Client.
Invoices will then be sent to the Client via email for the final payment.
The Client will be required to provide a current postal address to receive hard copy invoices.
Payment in full is due within 7 days of invoice. Please note, unless specifically agreed to by both parties prior to the issuing of an invoice, the Artist does not accept payment in part or via instalments.
The Artist prefers payment by PayPal but other payment methods are available upon request.
The Commission will be provided to the Client via email in jpeg format.
Upon request, this can be provided to the Client on a flash drive to a postal address.
The Client is responsible for all additional costs.
For termination before completion of commission
If the Client chooses to terminate the services of the Artist after agreeing to a Commission but before it is completed, the Artist reserves the right to retain any non-refundable deposits paid.
Should the Client cancel the Commission after the Artwork has been completed, the Artist reserves the right to charge up to 85% of the total projected costs. The scale of the charge will be dependent on the discretion of the Artist and the stage of the project at the time of cancellation.
If communication breaks down on the part of the Client for a period of 30 days (that is, the Client fails to reply to a communication from the Artist ) the Artist will issue a warning email.
If this warning email is not replied to (and communication does not resume) with a following period of 30 days, the Artist reserves the right to terminate the Commission. In this event, all deposits paid will be retained by the Artist and the Commission will be cancelled.
The Artist also reserves the right to cancel or stop work on a Commission for inappropriate behaviour or a breach of the Terms and Conditions by the Client.
If the Client wishes to continue the Commission at a later date they will be required to request a new quotation, agree to the Terms and Conditions and pay a further non-refundable deposit.