TERMS+CONDITIONS

"the artist"-comaine phillips/comaine phillips-mc knight

ACCEPTANCE OF TERMS

  • The Company, Kittenish Dot Art, reserves the right to change, modify, add or remove portions of these terms at any time, by posting the amended terms at the Company's discretion.

  • Please check these terms periodically for any future changes.

  • Use of the site or Services after the posting of changes, constitutes binding acceptance of such changes.

  • In addition, when using any particular Service/s, the Client is subject to all posted guidelines, rules, product requirements or additional terms applicable to such Services.

  • All such guidelines, rules, product requirements or additional terms are hereby incorporated by reference into the terms.

TERMS OF BUSINESS

CREATIVE RIGHTS

  • The Artist reserves the right to decline any Artwork request.

  • The Artist will not create any racism, terrorism, abuse or illegal related material.

PERMISSIONS

  • Artwork may not be resold, redistributed, artistically edited, copied or used for profit without license ownership or official permission from The Artist.

  • Client receives permission to resize or crop Artwork once PAID IN FULL.

NON-COMMERCIAL USE

COMMERCIAL USE

licenses

  • Standard rates determined by The Artist apply.

  • Costs determined by The Artist apply in accordance with relevant commercial licenses and project scopes.

  • Commercial license costs will vary based on purpose and time span of a requested agreement.

PAYMENT POLICY

CURRENCY

PAYMENT OPTIONS

PAYMENT METHOD:

UPFRONT/PAID IN FULL

PAYMENT METHOD:

2 STAGED/HALF DOWN

change requests

refund policy

cancellations

  • Prices are listed in USD.

  • Payment options are stipulated per service and per location. 

  • Payment options currently include Paypal, Cash & Bank Deposit.

  • Client must deliver 100% of cost to initiate the Artwork process.

  • Client must deliver 50% of cost to initiate the Artwork process.

  • Client must deliver the other 50% at Client's approval of The Artists's art direction.

  • Each change request placed after the agreement to The Artist's art direction, will incur a fee.

  • Fees are stipulated per service and service detail.

  • If for any reason, The Artist is unable to complete Artwork, a full refund will be issued by The Artist.

  • NO Chargebacks are allowed unless authorized by The Artist.

  • Any service cancellation by Client will ONLY be authorized a refund if The Artist has NOT begun Artwork development.

copyright

grant of rights

the artist's right to authorship credit

  • All Artwork is copyright protected.

  • Sole ownership belongs to The Artist, owner of registered business, Kittenish Dot Art.

  • The Artist agrees to grant the perpetual license of the right to display and transmit Artwork to Client, excluding the rights to authorship credit, modification and resale, which are all retained by The Artist.

  • The Artist will not seek to resell PAID IN FULL Artwork, unless Client is non-compliant with any terms, conditions & policies.

  • The Artist reserves the right to display, post, and/or use all Artwork in The Artist's portfolio, business promotion and literature publication, including but not limited to, all websites and forms of media associated with The Artist.

  • Client is prohibited from misleading claims of the Artwork creation belonging to anyone other than The Artist.

commercial rights

  • All commercial rights solely belong to The Artist, and may be purchased via negotiation, based on The Artist's discretion.

  • The Artist reserves the right to decline the sale of commercial rights.

  • Client is prohibited from copying, editing, creating prints, reselling or profiting in any manner, from any of The Artist's Artwork.

  • All commissioned Artwork is copyright protected, and sole ownership belong to The Artist.

non-commercial rights

  • Client is granted the right to share Artwork, on websites and social media, with The Artist's ownership and creative license retained by The Artist and acknowledged. 

  • Client retains Intellectual Property rights to their project ideas.

collaborations

  • All Artwork created by The Artist while involved or included in any collaborative project will hold a license specific to the agreements made in accordance to the terms and conditions of the project.

copyright policy

artwork delivery

package content

  • All digital Artwork PAID IN FULL will be delivered to Client by The Artist, via digital service of The Artist's choice.

  • Client will receive a large 300dpi file in 2 formats (usually PNG, JPG) and a smaller version for display.

  • Graphic Design packages may include 2-3 color variations.

distribution

general process

  • Client must adhere to the business process outlined by The Artist. 

  • All services excluding commissions, may be freely sought by Client via the channels offered by The Artist, which include direct email kittenishdot@gmail.com or form usage on kittenishdot.com.

  • Commissions may be sought by Client via commission openings, made available by The Artist.

  • The Artist then reserves the right to accept, decline or offer a waiting list to Client.

  • Upon The Artist's acceptance of a project, Client must receive, sign and return The Artist's signed contract.

  • Upon The Artist receiving Client's signed contract, Client may proceed with payment, either PAID IN FULL or 2 Staged-Half Down, depending on the service's described method, determined by The Artist.

  • If 2 Staged-Half Down, Client must pay second half of cost at the approval of art direction.

  • The Artist will complete and deliver Artwork.

non-compliance

  • Non compliance means, Client refuses to comply or adhere to the terms, conditions and policies stated by The Artist.

  • In the event of such, The Artist reserves the right to discontinue any project with such Client and retain all profitable rights of any Artwork produced by The Artist.

  • Non compliant Clients will be blacklisted by The Artist.

hiring policy

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