TERMS AND CONDITIONS
( FULL CONTRACT)
This contract is issued pursuant to an agreement between Client/Company and Emir Villar with an intent to create a good-faith relationship for conducting business based in trust and confidence. This contract is subject to the terms and conditions contained in the Agreement between the parties and is made a part thereof. Any term not otherwise defined herein shall have the meaning specified in the Agreement between the parties. In the event of any conflict or inconsistency between the terms of this contract and the terms of the Agreement, the terms of this contract shall govern and prevail.
This Contract, effective as of <Date>, is entered into by and between
1.Revisions
The project price quoted does not include an unlimited number of revisions. Minor changes and adjustments are an acceptable part of the process, with three (3) rounds of adjustments allotted, with two (2) adjustments allotted for each stage, for each of the items specified in the Project Price and Payment Terms section above. Such minor changes and adjustments do not modify the original agreed upon price.
These changes will be communicated to the client, who will receive a low-resolution jpg image with a watermark, in periods of time not exceeding 48 hours (depending on the extent of communication facilitated by both parties).
If the client requests additional work for an art piece outside of these initially agreed-upon items or substantial or numerous revisions beyond the amount considered in this contract, the contractor has the right to request more remuneration and time to complete said revisions and/or additional work. This also applies to any additional items not laid out in the aforementioned Item Descriptions. The cost of these further adjustments will be negotiated, using the base cost for the item itself (or a similar item if it is a new piece) in this contract as a guideline.
2.Ownership of Artwork/Files
Until payment has been made and subject to Cancellation and Refund specifics (see Cancellation and Refunds section), the Contractor retains ownership of all original artwork/files or parts contained therein, whether preliminary or final. Upon full payment (or partial depending on the terms of a cancellation), the client shall obtain ownership of the final artwork/files to use and distribute as they see fit. The client retains any and all copyrights of the work, and the right to use the completed
Contractor and Client, and is subject to the terms and conditions specified below. The Exhibit(s) to this Contract, if any, shall be deemed to be a part hereof. In the event of any inconsistencies between the terms of the body of this Contract and the terms of the Exhibit(s) hereto, the terms of the body of this Contract shall prevail.
3.Project Information
All artwork will be done to the spirit of client specifications and use client-provided references and/or descriptions. The contractor maintains the right to use their artistic style in accordance with the specifications of the client. The contractor may supplement other graphics with the approval of the client.
The client has the responsibility of providing clear and specific references (e.g. visual, slogans) in order to create a work they will be satisfied with. References must be clear, of good quality in terms of light and resolution, taking into consideration any customization, hair, extra elements, background, styles etc. All such elements must be provided by the client. If the client requests a suggestion, the contractor is happy to provide some. The client understands that the completed work rests on the references provided to the contractor.
Where applicable, the contractor may place their trademark/signature into the artwork so long as it is agreed upon by the client to be neither “intrusive” nor “unreasonably occluding” to the artwork itself.
The Artwork will be built using some combination of Adobe Illustrator, GIMP, Adobe Photoshop, and/or other digital graphics tools. The final artwork (the “Items”) will be the Artwork produced by the contractor in a file format suitable for commercial printing press production. This means a resolution no smaller than 300 DPI.
4.Project Price and Payment Terms
The Items consist of no fewer than <Amount> illustrations defined in the tables below at the rate per item stated. The grand total amount specified is <Grand Total Amount>. The Payment terms will be half the total price before the contractor begins any Artwork and half the remaining price once the lineart stage is completed.
Once the transaction has been concluded between contractor and client, an invoice will be provided to the client with a statement by written record, either by email, payment service (e.g. PayPal), or other digital form no later than 30 days from conclusion.
Where applicable, payments and reimbursements will be rendered to contractor or client as appropriate via PayPal or similar. The contractor’s payments may be made to: https://www.paypal.me/emirh92
5.Production Schedule/Delivery of Project
Production will begin no later than one week (7 days) after the following conditions: this agreement is accepted, the client has provided references for artwork, and any initial payment agreed upon is received by the Contractor. Completion of the first project stage shall occur no later than 48 hours (72 hours if the 48 hour span would include a Sunday) after these conditions are met or any agreement that has been made in writing outside this contract that has a completion term longer than 48 hours per stage.
The schedule is broken into three stages as follows, with the client being given a low-resolution jpg of an artwork item at each stage, and only upon full payment will the full resolution images be sent:
Sketching
Lineart (Cleaning)
Color
No work will be performed towards any project under this contract on the Sunday of any week except with prior agreement from both the Contractor and the Client. The Client agrees that any work agreed to be performed on a Sunday by the Contractor will incur additional expenses to be paid to the Contractor, and periods of delivery may exceed 48 hours (up to 72 hours).
project and any preliminary designs for the purpose of any commercial or non-commercial works, including design competitions, publications, educational purposes, and marketing materials provided the work has been paid for (in whole or in part depending on the terms of cancellation and/or refunds).
Where applicable, the contractor will be given all credit for usage of the project elements and the contractor retains the right to use the artwork – in whole, parts thereof, in draft, completed, or in process – for non-commercial, promotional purposes. All publications using the work will give the Contractor credit as its illustrator. Where applicable, trade-sensitive information, such as customer data (e.g. Client data), shall be redacted by the client and contractor prior to use unless otherwise expressly permitted.
6.Claims Period
Claims for defects, damages, and/or shortages must be made by the client in writing within a period of four (4) days after delivery of all or any part of the order once work has begun, up to and including the delivery of the third (3rd) stage of the project schedule (color), or for an unlimited amount of time if client makes payment without any reasonable work produced by the contractor as per this contract’s terms. Such claims entitle the client to reimbursement.
Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission of full compliance with terms, conditions, and specifications.
Once the claims period has passed (4 days after the third stage has been deliver or unlimited in the case of no work produced by contractor), the right to Refund or Reimbursement of any kind from the Contractor is revoked.
7.Proofing of Final Project
The contractor shall make every effort to ensure the final product is free of any design-specific errors such as (but not limited to) incorrect color scheme, impossible anatomical features, defects, and poor quality before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there no such errors contained in the final product. It is agreed that the contractor is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public by the client, provided contractor has done due diligence to comply, where reasonable, with the specifications of the client.
8.Cancellation and Refunds
If the agreed upon terms and conditions (this “Contract”) have been breached, or the client is not satisfied with the finished work, the client has the right to request 50% of the total payment (less the commission charged for any payment service such as paypal), being able to keep the file in high resolution from stage two (lineart).
In the event of cancellation or refund of the project by the contractor or client, ownership of all copyrights and the original artwork and associated media created by the contractor for purposes of this agreement shall be retained by the client up to stage two (lineart). Where applicable, a fee for work(s) completed, based on the contract price and expenses already incurred, shall be paid by the client.
9.Confidentiality
All correspondence and documents provided will be treated as confidential between the client and the contractor, unless consent has been granted by both parties involved.
10.Acceptance of Contract
The above prices, specifications, and conditions in this contract are hereby accepted. The contractor is authorized to execute the project as specified. Payment will be made as specified. This contract is not valid until signed by both client and contractor and returned to both. An email from both parties with a written statement of confirmation of agreement will also be treated as Acceptance and Validation of the contract provided the client has previously sent this contract to the contractor.