The following terms and conditions (the “Agreement”) govern all use of Artisaire's creative services, such as (but not limited to), creating engrave-ready files, adjusting files, redesigning existing artwork, creating new artworks, as well as doing other artistic work (the “Service”) offered on the artisaire.com website (the "Site"). The result of the Service is a artwork material in a digital file format (the “File”). The Service is owned and operated by Artisaire, Inc. (“Artisaire” or “our”).
The Service is offered subject to your (the “User” or “you”) acceptance without modification of all of the terms and conditions contained herein. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. If you don't comply with this Agreement, please do not solicit our services.
General provisions of the Service
Artisaire and the User agree on providing and using the Service according to the terms and provisions based on the interests and specifications of each User individually. Interests and specifications may relate to (but are not limited to) the format of the File, the difficulty of the Service and timing, and the resulting fees and costs applicable to the Service.
To use the Service, the User should provide Artisaire with a description of their needs and reference images and/or sketches of the artwork according to which Artisaire should create the File. The description or visual references of the intended artwork can't contain discriminatory, abusive, disruptive, etc. content or content that infringes third party rights. The User agrees to use images or other materials not created or owned by the User for inspiration only and to inform Artisaire about such use accordingly. Artisaire will use reasonable efforts to create the File according to the description, visual appearance, style, notion and/or feel of the reference images or other materials provided to Artisaire.
In case the Service is aimed to provide the User with an artwork, Artisaire undertakes to create a design draft that will be submitted to the User for a review. The User can ask Artisaire to make minor improvements or changes in the design draft submitted. Artisaire will use reasonable efforts to consider or attempt to make those improvements or changes, and as a result of the Service, will deliver the File.
The File and its intellectual property rights belong to the User. Artisaire may repurpose individual elements used in the File for selling or promotional materials, however the final composition may not be the File the User has received.
Terms of payment and refunds
Payment for the Service is based on the specifications and interests of each User individually and is subject to change if the specifications or interests are altered. If not stated otherwise, all payments to Artisaire shall be in U.S. Dollars.
Unless Artisaire and the User agree otherwise, Artisaire should carry out the Service when the User placed an order through the checkout on the Site, and the charge for the service has been successful. The User shall be responsible for paying all sales taxes, VAT, GST, and other taxes and duties associated with the Service (if and as applicable).
If the User has ordered a Service and Artisaire has begun working on it, no refunds will be given except for when there has been a miscommunication from Artisaire's side regarding the outcome of the Service. In this case, the funds should be returned to the User as a Gift Card or according to the original payment method used.
In case there is a possible defect or Artisaire believes that by continuing the provision of a Service, there might be an infringement of third party rights, in particular, intellectual property rights' infringement, Artisaire reserves the right to put the provision of a Service requested by the User on hold for up to 30 days. If, within 30 days, the User does not resolve the issue or reach an agreement with Artisaire on how the Service could be continued, Artisaire will cancel the Service ordered by the User and reserves the right to make a full or partial refund, depending on the progress with the Service provided.
Intellectual property rights
The User is responsible for submitting copyright-free and original materials, reference images or description. You acknowledge and understand that you will carry full liability in the case that materials, reference images, or description of a design provided by You infringe the rights of a third party.
The File created by Artisaire through the Service and delivered to the User shall be deemed to be a “work made for hire” explicitly ordered or commissioned by the User within the meaning of copyright laws of the U.S. or any similar or analogous law or statute of any other jurisdiction, and the User shall be deemed to be the sole and exclusive author of the File for all purposes and shall own all right, title, and interest in and to the File.
If the File can't be deemed to be a “work made for hire” within the meaning of copyright laws of the U.S. or any similar or analogous law or statute of any other jurisdiction as described above, it will be considered that the File and its exclusive rights have been transferred by this Agreement into the ownership of the User without performing separate legal actions.
Delivery of designs and Files
In case the Service is aimed at providing the User with an artwork, Artisaire submits the draft design to the User to review. The User has the right to ask Artisaire to make minor improvements or changes as agreed in the individual specification of the Service in the submitted design draft before the File is finally delivered to the User. Artisaire will use reasonable efforts to consider or attempt to make the improvements or changes requested by the User, and as a result of the Service will deliver the File. The User owns the right to complain about design draft received in the format of the File and Artisaire shall undertake making the necessary changes and/or improvements, depending on the revision count agreed beforehand between the User and Artisaire.
Any improvements or changes that are requested and require additional effort and work from Artisaire such as (but not limited to) changing the idea or appearance of the design, adding additional elements not communicated to Artisaire before starting the Service, making more improvements or changes than agreed beforehand, etc. will result in additional costs to the User. Such additional costs amount from 20-100% of the Service costs.
Artisaire will bear all associated costs if there is a need to improve or change the File due to the Service not being carried out properly from Artisaire's side. The User's only remedy in such cases is an improved or changed File.
All Files made as a result of the Service should be deliver via email in the agreed format. For larger file deliveries, the delivery of Files could be passed through cloud-based file sharing links.
Artisaire provides the File to the User no later than on the date agreed after the User has made the payment, unless Artisaire lacks information regarding the specifications or performance of the Service or finds a possible defect in the description or visual references or indications of third party rights infringement.
In case of a possible defect or Artisaire believes that by continuing the Service there might be an infringement of third party rights, in particular intellectual property rights' infringement, the Service is put on hold and Artisaire agrees with the User how the Service should be continued.
In case the User doesn't respond to Artisaire about necessary improvements within a 30 day period from the date when the design draft has been submitted for the User to review, it's considered that the Service has been accepted by the User and Artisaire should provide the User with the File it has, regardless whether the User had confirmed it or not.
Artisaire should preserve the File for 90 days, starting the day it has been provided to the User.
The User indemnifies and holds Artisaire harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's breach of this Agreement, use (or misuse) of the Service or violation of any law or the rights of a third party.
Law and jurisdiction
If a dispute arises between the User and Artisaire, the User is encouraged to first contact Artisaire directly to seek a resolution. Artisaire will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Artisaire reserves the right, at its discretion, to modify this Agreement at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User's acceptance of the changes in the terms and conditions.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to the User. Headings are for reference purposes only and do not limit the scope or extent of such section. Artisaire's failure to act with respect to a breach by the User or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.