Terms & Conditions
*Terms and conditions are based on agreement between the client noted as "CUSTOMER", and Kristen Wickersham Fine Art noted as "ARTIST" below.
CUSTOMER agrees to exercise due diligence in its direction to the ARTIST regarding preparation of materials and must be able to substantiate all claims and representations. The CUSTOMER is responsible for all trademark, servicemark, copyright and patent infringement clearances. The CUSTOMER is also responsible for arranging necessary legal clearance of materials that the ARTIST prepares.
The ARTIST holds all copyrights under the U.S. Copyright Act. No part of the artwork can be copied / scanned / reproduced / uploaded / modified / posted without the express permission of the ARTIST.
The ARTIST reserves the right to photograph and/or distribute or publish for promotional and marketing needs any work created for the CUSTOMER, including mock-ups and comprehensive presentations, as samples for portfolio use.
Errors & Omissions
It is the CUSTOMER’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. ARTIST is not liable for errors or omissions. The CUSTOMER’s signature or that of your authorized representative is required on all artwork prior to release.
Revisions and Alterations
New work requested by CUSTOMER and performed by ARTIST after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, the ARTIST will submit a proposal estimate to the CUSTOMER, and a revised additional fee must be agreed to by both parties before further work proceeds. CUSTOMER’s alterations requested after artwork is completed and approved are billed at standard hourly rates of $75 per hour for studio time.
Concept revisions, extensive alterations, or a switch in scope makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing permits ARTIST or CUSTOMER to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by ARTIST. For each project, CUSTOMER will receive a proposal/estimate via email (unless other method specified) outlining the project specifications and proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and materials.
ARTIST will begin work upon CUSTOMER’S approval of the written estimate. The CUSTOMER’S approval (digital signature) will constitute an agreement between both parties.
Payments / Estimates
CUSTOMER agrees to pay ARTIST in accordance with the terms specified in each proposal/estimate. Unless otherwise specified, all subsequent balances due are payable upon art approval. The ARTIST reserves the right to refuse completion or delivery of work until past due balances are paid. Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. CUSTOMER requested changes will be billed additionally. The CUSTOMER will be notified of any price changes.
Cancellation / Termination of Contract
The term of this agreement will continue for work in progress until terminated by either of the parties, ARTIST or CUSTOMER, upon thirty (30) days written notice. If the CUSTOMER should direct the ARTIST at any time to cancel, terminate or “put on hold” any previously authorized purchase, the ARTIST will promptly do so, provided the CUSTOMER hold the ARTIST harmless for any cost incurred as a result.
CUSTOMER will indemnify and hold ARTIST harmless for any loss or expense (including attorney’s fees), and agree to defend ARTIST in any actual suit, claim or action arising in any way from the working relationship. This includes, but is not limited to assertations made against CUSTOMER and any of its products and services that the ARTIST prepared on the CUSTOMER's behalf.
Due to the custom nature of our product, returns are not available. Once the CUSTOMER approves artwork for production, they accept responsibility for the cost of the creation and associated expenses resulting for rendering the artwork. CUSTOMERS have the option to cancel services while in production, but are liable for any fees accumulated up to that point.
Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses will be itemized on each invoice. Expenses are subject to local sales tax unless the CUSTOMER is a nonprofit organization or holds exempt status.
Estimates are based on a reasonable time schedule, and may be revised to take into consideration “ Priority Scheduling” requests requiring overtime and weekends. Knowledge of CUSTOMER deadlines is essential to provide an accurate estimate. In addition, outside suppliers charge a 100% to 200% markup on overtime after 5:30pm and weekends.
CUSTOMER shall pay for all transmissions charges. The ARTIST is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.
Property and Supplier's Performance
ARTIST will take all reasonable precautions to safeguard the CUSTOMER’S property. In the absence of negligence on the ARTIST’S part, however, the ARTIST is not responsible for loss, destruction or damage or unauthorized use by others of such property. The ARTIST will use their best efforts to ensure quality and timely delivery of all printed and electronic pieces. Although, the ARTIST may use their best efforts to guard against any loss to you through the failure of vendors, media, or others to perform in accordance with their commitments, ARTIST is not responsible for failure on their part.
If the CUSTOMER selects their own vendors, other than those recommended by the ARTIST, the ARTIST cannot in anyway be held responsible for quality, price, performance or delivery.
No part of the artwork can be resold or marketed to another party without the knowledge and express permission of the ARTIST. No other business or individual can represent the artwork or the ARTIST without written consent of the ARTIST.
Any personal information requested is expressly used for business purposes to process orders and payments only. This may include name, address, phone number, email address, shipping address, etc. No part of the CUSTOMER’s personal information will be sold / duplicated / modified without prior notice to the CUSTOMER.
All information is collected using a secure portal with SSL certificate enabled on this website to protect the transmission of data. Any payment information is managed via a 3rd party processor, PayPal, that follows PCI compliancy standards for data protection. This website does not store any payment information.