Custom House Portrait Commission Terms and Conditions
DEFINITIONS
Artist: The individual producing the Commission ("Felycia" of Lecia Art)
Client: The individual purchasing the Commission.
Product: A physical reproduction of the Artist’s original artwork such as: Art prints, greeting cards, stickers, etc. that is sold by the Artist via this website.
Commission: The form of service provided by the Artist to the Client. “Commission”, “Art[work]”, “Painting”, “Image[ry]”, “Project[s]” and “Portrait” are used interchangeably herein and in correspondences.
Start of Work: The point in time where the Artist independently decides to start the commission process based on the Artist’s priority.
Profile(s): Online locations where the Commission may be displayed (e.g., “galleries,” such as leciaart.com, Facebook and Instagram albums, DeviantART.com, Tumblr.com, Reddit.com etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first.
Personal Space: Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.
Public Space: Offline locations that do not fall under “Personal Space” above.
Transfer of Copyright Agreement: The discussion, documented via email, in which the Artist and Client agree to transfer Copyright of the Commission from the Artist to the Client. This does not include Trademark.
GENERAL TERMS
1. SALE
The Artist hereby sells to the Client at the agreed value paid during the checkout process.
2. PAYMENT
Full payments must be made during the checkout process on the website.
NOTE: All prices are specified as Australian Dollars ($AUD).
3. ARTIST COPYRIGHT & REPRODUCTION
By commissioning the Artist, the Client is purchasing the Artist’s labour only. By purchasing products from this online store, the Client is purchasing a single reproduction of the Artist’s original artwork only.
The Artist retains all rights to the Commission/Product, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.). The Client may not distribute, reproduce, or otherwise profit from the Commission/Product, beyond the resale of the original Commission/Product. The client may not edit, alter, or trace the Commission/Product without the Artist’s expressed written permission. Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.
4. PUBLIC DISPLAY & USE
The Client may display the Commission/Product in Profiles as long as the Artist’s name (“Lecia Art”) is prominently displayed along with a link to leciaart.com or "@lecia_art" for social media accounts. Additionally, any Profile display of the Artist’s Commission must notify the Artist. The Client cannot display a Commission/Product outside of Personal Space or in a Public without The Artist’s written consent. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space; additional fees may apply.
5. COMPETITIONS
Under no circumstances may the Client submit a Commission/Product to any kind of online or offline contest.
6. NON-DESTRUCTION
The Client will not permit any intentional destruction, damage, or modification to the Commission/Product.
7. MORAL RIGHT
The Client will not permit any use of the Artist’s name or misuse of the Commission/Product which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Commission/Product.
8. DAMAGES, THEFT & MISPLACEMENT
The Artist is not responsible for any damages made to the 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 Commission/Product. The Artist will ensure packaging of the Commission/Product is safe and secure and will provide postage and tracking details to the Client once the Commission/Product has been posted. The Client accepts all possible risks once the purchase is completed and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the Commission and must provide evidence of said damages. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded.
9. REFUND POLICY
If the Client is unsatisfied with the Commission/Product for an appropriate reason, they must contact the Artist within seven (7) days of receiving the final Commission/Product. Disliking the Commission/Product or change of mind are not considered for a refund. For refunds regarding damages or misplacement in transit, please see Term 19 (Damages, theft) above.
10. CONFLICT
The Client may not incorporate the Commission/Product in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 24 (Damages) will be applied as necessary.
11. ADDRESS NOTICE
The Client is responsible for ensuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.
COMMISSION TERMS
12. DECLINE OF REQUEST
The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain reasoning for decline out of courtesy).
13. PRIORITY OF REQUEST
The Artist reserve the right to set The Artist’s priority so long it is within the turnaround time quoted in the product page.
14. ARTIST CANCELLATION OF COMMISSION
The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, low quality reference photos, inappropriate/rude behaviour, or a breach of these Terms of Service.
15. COPYRIGHT/TRADEMARKED CHARACTERS OR OBJECTS
The Artist will not reproduce a Copyrighted or Trademarked image or character without expressed written permission of its Copyright or Trademark owner, and as it pertains to Australian Copyright Law.
16. COMMISSION DESCRIPTION
The Client must provide a high-resolution reference photo to The Artist. This reference photo will be used to produce the commission as it is. Major change requests will not be considered.
17. DEADLINES & FLEXIBILITY
Refer to the product page for turnaround time. Should the work go beyond the said turnaround time, The Artist will provide an updated timeline to The Client as soon as possible.
18. CONFIDENTIALITY
By default, the Artist assumes that there is no confidentiality agreement to display the commission anywhere and anytime the Artist deems appropriate. If certain confidentiality is required, please communicate this to The Artist during the email exchange.
19. PROMOTION
The Artist may use any images of the Commission for promotional purposes, unless otherwise agreed upon in an email request. The Artist may also sell Limited Edition Prints or merchandise of the Commission (i.e. art books) only with written agreement from the Client.
20. RESTORATION
If the Commission is damaged or mistakes are evident, the Client will agree to consult the Artist before any restoration and must give the Artist the first opportunity to restore it, if practical.
21. ARTIST’S ACCESS
The Artist may have access to photograph or share the Commission at no expense to the Client and upon reasonable notice to Client.
22. PREVIEW REQUESTS
The Client may request a preview of the Commission at any time during the creation process but may not request changes to the Commission after Start of Work.
23. MISCELLANY
This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provision hereof. This Agreement shall be governed by the laws of State of South Australia.
24. DAMAGES
The Artist has the right to pursue damages under Australian Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.
25. GST
Goods and Services Tax (GST) are not included in these Commissions, as the Artist is registered as a Sole-Trader.