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When you complete the form try to be as specific as possible as to what you would like your commissioned piece to look like. Feel free to create a mood board or collect reference images to send to the artist while discussing the commission. Remember the artist holds the right to refuse your request.

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During the design phase you will get up to two chances to review the design, composition and sketch. It is recommended you take full advantage of these review opportunities to give the artist feedback and make changes in order to ensure the final product is exactly how you would like it. You can purchase additional changes at any point.

You can request that the artist does not publish, share, distribute or otherwise display your commission online or in the artist's current or future portfolios if the commission is particularly personal.

The artist may ask for photos or reference pictures of items or people you want depicted in the commission. Each photo will be deleted after the purchase is complete.

 If the commission is cancelled or a refund is requested, the deposit will not be returned to the client. This is to compensate the artist for their time.

If, after the artist delivers the final product, should you dislike the piece or there is a problem of any kind contact cherryverminart@gmail.com outlining the issue. The artist will contact you with how to proceed.

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The level of detail, complexity of the background, number of figures and estimated completion time will affect the price. If you have a budget, the artist can tailor these aspects to suit your monetary constraints, this should be discussed during the design process.

commission
guidelines

terms

1 Purchase of Artist’s Services

1.1 Once an enquiry has been made in respect of the Artist’s Services the Purchase will not be complete until:

     1.1.1 The Artist provides you with a quote for your enquiry;

     1.1.2 You approve the quote and pay the deposit to Cherry Vermin through the payment facilities provided by the Artist;

     1.1.3 You and the Artist undertake a design phase, which includes up to two (2) rounds of major reviews and feedback;

     1.1.4 You approve the final design and specifications for the Artists’ Services; and

     1.1.5 You and the Artist agree on a Due Date.

1.2 Clause 1.1 does not apply to any uncommissioned goods or products that are listed on Etsy. The Purchase of commissioned art will only be complete when you have paid the price in full to the Artist in accordance with clauses 6.3 - 6.5;

1.3 You agree and accept that you will comply with the additional terms relating to the pricing and payment of Artists’ Services set out under clauses 5, and 6 of these Terms.

1.4 All payments must be made within seven (7) days of falling due, except in the case of Deposits, which are due in accordance with clause 6.1.

2 Provision of Artist’s Services

2.1 You are responsible for ensuring the location for the delivery of the Artists’ Services may be legally accessed, used and modified, and is otherwise secure, free of hazards and safe for the delivery of the Artists’ Services.
2.2 The Artists’ Services will be considered delivered once the Purchased Artists’ Services are provided to the Client.

3 Cancellations
3.1 After a Purchase has been made, Clients may instruct the Artist to discontinue their delivery of the Artist’s Services. In this event you must notify the Artist and will still be liable for payment of the full fee for the Artist’s Services.
3.2 If the Artist discontinues their delivery of the Artist’s Services, or has otherwise indicated they will not complete delivering their Services, you do not need to pay the outstanding amount for the Artists’ Services; you will be refunded the amount paid for the Artists’ Services, your deposit will not be refunded.

4 General Obligations

4.1 You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.

4.2 While using this Platform, and any associated Services, you must not:

     4.2.1 misuse any part of the Platform by introducing viruses, trojans or other material that is malicious or technologically             harmful;
     4.2.2 engage in any abusive, derogatory, threatening, harmful, vulgar, profane, obscene, violent or ethically objectionable           behaviour;
     4.2.3 advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual           orientation or mental or physical handicap.

4.3 The Artist may contact you by email or provide you with information. It is your responsibility to ensure that you have submitted correct contact details and that you give the Artist written notice of any changes to your contact details.

5 Pricing

5.1 Until a Purchase has been confirmed, all prices for Artist’s Services are subject to change without notice.
5.2 You agree and accept that the price of a quotation given by the Artist will include any specifically mentioned Extra Costs, or any Extra Costs that are reasonably implied by the particulars of that quote.

5.3 All amounts payable can be paid in USD or GBP.

6 Payment
6.1 Payments of Deposits will be due after you approve a quote for the Artist’s Services. A Deposit must be paid before the Artist’s Services are delivered.
6.2 The outstanding amount for of the Artist’s Fees will fall due and payable on:
     6.2.1 the date at which the Artists’ Services have been delivered; or
     6.2.2 the date at which you cancel the Artists Services.
6.3 All payments must be made within seven (7) days of falling due, except in the case of Deposits, which are due in accordance with clause 6.1.
6.4 All payments must be made through the payment processing facilities provided by PayPal or via bank transfer.
6.5 By placing an order for the Artists’ Services using payment methods processed by third parties, you agree to be bound by the relevant Third Party Payment Terms, which may be modified from time to time. 
 

7 Termination

7.1 The Artist may, at their absolute discretion, terminate these Terms or cease to supply you with access to the Platform and/or the Services, if:
     7.1.1 it transpires that you have provided false or misleading information on the Platform;
     7.1.2 you are found to be offensive or abusive to the Artist;
     7.1.3 you fail to pay any fees or charges payable by you on time or at all.
7.2 If your access to the Platform and/or the Services is terminated for any reason, the Artist will be entitled to payment for any outstanding fees or charges properly incurred by the Artist up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms.

8 Liability
8.1 You agree that the Artist will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Platform or these Terms.
8.2 You agree that the Artist will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of Artists’ Services.
8.3 You acknowledge and agree the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

8.4 This clause 8 survives termination or expiry of these Terms.

9 Intellectual Property
9.1 You agree and acknowledge that you do not own, nor shall you make any effort to ever have assigned to you, any Intellectual Property Rights in the deliverables that result from the provision of Artists’ Services.
9.2 Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, perform or distribute the Services, Marketplace or Platform or any part of the Services, Marketplace or Platform.
9.3 You may access and use the Marketplace, Platform or Services for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Services, Marketplace or Platform on another website or commercialise any information obtained from any part of the Services, Marketplace or Platform without proper credit to the Artist or prior written consent.
9.4 The Artist retains:
9.4.1 a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to publish the Material in any form for any purpose and unconditionally retains any moral rights they have in respect of the Material.
9.4.2 the Intellectual Property Rights in that Material and the necessary permission to upload, post, transmit or otherwise make available that Material via the Services, Marketplace or Platform.
9.5 The Artist retains the right to publish commissioned work on other Platforms including Instagram, Facebook, TikTok, Twitter, Portfolios and cherryvermin.com.

9.6 The Artist waives the right to republish a Client's commissioned work for profit.

10 Unavoidable Events
10.1 The Artist will not be liable to you if they are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond their reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, the Artist will attempt to recommence provision of the Services as soon as reasonably practicable or supply a full refund in accordance with clause 3.2.

11 Dispute Resolution

11.1 If you have a complaint about the performance of these Terms or the Services, you will:
     11.1.1 if the complaint relates to the delivery of Artists’ Services or for any other complaints, contact the Artist about the             complaint at cherryverminart@gmail.com in the first instance and allow reasonable time to consider your complaint,                   determine a solution in the Artist’s sole and absolute discretion, and notify you of the solution.

11.2 This clause 11 survives the expiry or termination of these Terms.

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