TERMS OF SERVICE
The client, agrees to contract artist Ivy Dolamore for freelance artwork, per provided quote. The artist will provide final deliverables of pngs. The client will fill out the provided commission form with a detailed description of what is expected of the artist. This may include any associated images at an appropriate resolution and quality, and any design requests needed such as colors or style.
1.2 Artist's Responsibilities.
The artist will perform services with reasonable skill and care, and to the quality of work provided at standard for similar services. The work will conform with all agreed upon descriptions and specifications provided by the client. The artist will provide a written estimate of cost to the client that must be approved by the client before starting work. The work will be delivered upon or before the agreed due date. If the artist fails to provide any of these listed services, the client may terminate the agreement. The client holds the artist harmless for liability from failure to provide service.
1.3 Client's Responsibilities.
The client will provide a request for services with necessary information and material to the artist in a reasonably timely manner for the artist to provide the service. The client must approve the artist’s cost estimate before the artist begins work. The client is responsible for making sure all provided material is properly licensed, permitted, and accurate.
The client is to provide the artist a request for service with full details. The artist will reply via provided email with a cost estimate, and/or further details if necessary. Upon approval and initial payment, work from the artist begins. Artist will provide work-in-progress phases as necessary. Most revisions for these points will not be applied to revision time, unless changes directly contradict or are entirely different to details provided in initial discussion.
After final acceptance phase and revisions complete, the final payment is due if necessary. After final invoice is paid, the deliverable png will be sent to client.
2.2 Rush Fees.
If the client requires the work within a time period that would require them be bumped higher in queue, a rush fee will be applied, and quote received will reflect that. If the artist fails to provide the client with a completed project by due date for approval, the artist will reduce their fee by 50% and remove any rush fee.
The client may request one pass of revision up to a half hour of additional work. Work beyond this half hour must be renegotiated hourly based on depth of request, and may be denied by the artist unless failure of satisfaction can be clearly shown as failure by the artist to use reference and details provided in previous written correspondence from the client. Revisions also may incur an additional fee if rushed
3.2 Payment Details.
After approving a quote, the artist will send via email a Paypal invoice to be paid before work begins. For quotes under $50, the entire invoice must be paid before work begins. For payments over $50, half and half may be paid if the client chooses. The invoice is to be fulfilled within 15 days, unless otherwise stated. Failure to pay invoice after 15 days results in forfeiting your slot in queue.
For half and half payments, the artist may charge the client interest on an overdue amount from the due date up to the date of actual payment at a rate of 10% every additional 30 days, not compounded.
4.1 Copyright Ownership.
The artist retains ownership over all templates and publishing rights, allowing them to use designs in their own promotion, work, portfolio, or otherwise. The artist will not re-use/re-sell brand images, products designs for third party clients. The client, by default, is allowed personal usage. The client has reproduction rights for personal uses only, that does not pertain to their business or profit in any way. The client may not modify or edit the artists's work without permission.
4.2 Commercial Usage.
Commercial licensing may be purchased, pre or post creation of the deliverables. Cost vary depends on usage and requires discussion.
4.3 Responsibility of Licensing.
The client is responsible for providing commercial licensing for all designs and material provided to the artist for work and the artist holds no liability. In turn, the artist is responsible for providing commercial licensing for any images or designs that the artist uses in the work that the client did not provide.
Projects may be terminated at any time by the client or artist with a written notice to the other party. If initiated by the client, the client will be responsible for work costs completed prior to date of termination notice being received. If initiated by the artist, the artist will be responsible for a rehire fee of 10% of the artists’s cost estimate.
Upon termination, the artist will deliver all work to the client in its state at termination notice at the artist's earliest convenience, but not later than 30 days.
The artist retains the right to refuse any project proposal, with or without given reason.
After completion of the image, no refunds will be provided, and final payment can not be renegotiated if still due. If artist has provided appropriate stages for approval and the client has approved them, the artist holds no liability for dissatisfaction of final product.
6.1 Disclaimer for Commercial Work.
The artist will complete the design for the client's specifications and purposes, but cannot warrant that the work will generate additional profit, sales, exposure, brand recognition, or the like. The artist has no responsibility to the client if the work does not lead to the client's desired results.
7.1 Liability for Commercial Work.
Under no circumstances shall either party be liable to the other party or any third party for any damages resulting from any part of this agreement such as, but not limited to, loss of revenue or anticipated profit, lost business, costs of delay or failure of delivery.
8.1 Entire Agreement.
The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.