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CUSTOMS TERMS & CONDITIONS

After the order is placed, I will reach out to you typically within 24 to 72 hours with a customization template. This template will give me a good idea of what direction you are thinking for the design. Once completed with this template and returned, I will send out proof of the design in the next 24 hours. If any changes are required, this would be the time to reach out and I will send out an updated proof. Otherwise, production will begin!

 

Payments:

Payments must be made in the filling out of the Custom Agreement prior to the Start of Work, or alternatively, a 50% up-front fee can be paid after the approval of the Custom Draft. In the event that payment is made in installments (i.e. 50% up-front), ownership of the Custom will only pass from the Artist to the Client on receipt of payment in full. The Custom will not be sent to Purchaser until the agreed payment amount has been received. Payment method is determined as written in the Custom Agreement prior to the Start of Work (PayPal, Venmo, Cashapp). The Artist will confirm payment once drafts have been seen and agreed upon by the Client; any further work on the Custom will be with-held until this agreement is made and payment received.

Decline of Offers:

The Artist has the right to refuse any Custom request, without needing to explain the reason. The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.

Artist Cancellation of Custom:

The Artist reserves the right to stop work on a Custom, or cancel a Custom request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.

Artist Copyright and Reproduction:

By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Custom, which includes but is not limited to: Distribution, reproduction, use of the Custom for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, 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 may not distribute, reproduce, or otherwise profit from the Custom, beyond the resale of the original, [traditional art] Custom, or as it applies to new Terms of Service agreed upon in a "Transfer of Copyright Agreement." The client may not edit, alter, or trace the Custom without the Artist’s expressed written permission, or as agreed upon in the Custom Agreement prior to Start of Work. Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Custom, unless otherwise agreed upon.

Custom Description:

The Client must specify the content of their Custom to the best of their ability prior to a Custom Agreement. A complex Custom will incur additional illustration fees, to be defined and agreed upon in the Custom Agreement prior to Start of Work. The Client must specify the desired display size of the Custom, regardless of whether the Custom is completed digitally or traditionally. A larger size will incur additional illustration fees, to be defined and agreed upon in the Custom Agreement prior to Start of Work. Custom pricing details can be viewed here; all prices are as a guide only and may not represent the final price of a particular Custom.

Deadlines: 

The Artist will NOT take on Custom that have a) strict or short deadlines; and b) if the Client is not flexible on deadlines. If the Custom is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Custom Agreement prior to Start of Work. The Artist, to the best of their ability, can give a general indication of how long the Custom will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work. The Artist will inform the Client regularly or progress (including photos) or if changes to completion times have occurred. The Artist is not obliged to explain reasoning behind extensions or delays for the completion of a Custom, but will often do so out of courtesy.

Confidentiality:

If the Custom is defined as confidential in the Custom Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Custom Agreement until such time the Custom Agreement specifies public display is permitted. A Client may not request the Artist to complete a Custom without defining the time-span in the Custom Agreement to eventually allow the Artist to publicly display the image.

Public Display and Use:

The Client may display the Custom in Profiles as long as the Artist’s name (“Jamela Tamaya Breland Art”) is prominently displayed along with a link to jatamae.com or "@jatamae" for social media accounts. Additionally, any Profile display of the Artist’s Custom must notify the Artist, unless already defined in the Custom Agreement prior to Start of Work. The Client cannot display a Custom outside of Personal Space or in a Public Space unless the Custom is executed under new Terms of Service agreed upon in the Custom Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Custom in a Public Space if not already defined in the Custom Agreement; additional fees may apply.

Digital Custom:

Digital art Customs will be provided to the Client via email or an online download location in .jpeg or .png format (PDF possible); this does not include the Custom native files (e.g., .psd, .tif, etc.), unless agreed upon in the Custom Agreement, or thereafter, the Client obtains written permission from the Artist. Files will be of highest resolution and include both signed/watermarked and un-watermarked copies of the finished product. The Artist is not responsible for the cost of shipping a Custom (traditional art Customs or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Custom) unless signed and agreed upon in the Custom Agreement prior to the Start of Work.

Traditional Custom:

Traditional art Custom will be provided to the Client via postage and shipping. The Artist and Client will negotiate on which party will pay costs and expenses, including insurance, for the crating, packing and shipping of the [traditional] Custom for delivery to the Client. For domestic shipping, the Artist may be more willing to pay for postage fees and framing for small-scale commissions. For medium and large-scale commissions, or international Clients, the Artist will often expect the Client to pay for framing, mounting and shipping fees. These fees will be determined during the Custom Agreement prior to the Start of Work. A printed "Certificate of Authenticity" will be provided to the Client with the physical copy of the Custom. Additionally, digital formats of the final Custom and Certificate of Authenticity will also be provided to the Client as .jpeg, .png or .PDF files.

Artist Access:

The Artist may have access to photograph or share the Custom at no expense to the Client and upon reasonable notice to Client.

Damages, Theft, Displacement:

The Artist is not responsible for any damages made to the Custom [traditional or digital print] except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the Custom. The Artist will ensure packaging of the [traditional or digitally printed] Custom is safe and secure, and will provide postage and tracking details to the Client once the Custom has been posted. The Client accepts all possible risks once the Custom Agreement has been signed and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the Custom, and must provide evidence of said damages. If the Custom has been damaged but the Client wants to retain ownership, the Artist will refund 50% of the full amount back to the Client or as negotiated. If the Custom is stolen, lost, or perished during transit, the Artist will refund 50% of the full amount back to the Client or as negotiated [traditional and digital print]. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded. The Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Custom by other parties if a "Transfer of Copyright Agreement" was made.

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