These terms and conditions are an offer ("Offer") by Artist name/registered trade name("Monisha Edwards") to [PERSON COMMISSIONING]("Commissioner") made on [DATE OF PURCHASE] for Artist to provide creative work ("Work" – as described below) as requested by Commissioner. Once Work has begun, Commissioner agrees to the terms stated below.
1. Work. Commissioner retains Artist to create [DIGITAL AND/OR PRINT DESIGN ART]. Work includes only the final, deliverable art, and not any preliminary work or sketches. Commissioner receives a two revision limit on all Work. If Commissioner is not satisfied after the three revisions, Artist will charge $75 per hour additional revision Commissioner requests.
2. Price and Delivery. The non-refundable fee for Work is [DEPENDING ON ITEM]. Payments for Work equal to $499 or less must be paid in full before any work begins. Payment should be made in the method and manner specified by Artist. Work is to be delivered no later than [3-10 BUSINESS DAYS] after the project is completed, but Commissioner agrees that the date of delivery is not material to this Agreement. No finalized artwork files will be delivered until balance is paid off. Commissioner has 2 days to fulfill balance invoice - after that, there is a 10% interest fee added.
3. Grant of Rights. Artist may use Work in Artist's portfolio (including, but not limited to, any website that displays Artist's works). Commissioner and Artist agree that when asked, Commissioner must properly identify Artist as the creator of Work. Commissioner does not have a proactive duty to display Artist's name together with Work, but Commissioner may not seek to mislead others that Work was created by anyone other than Artist. Draft files of artwork are property of Artist, and shall not be used in any matter or posted onto Social Media. That can be breach of contract, and cause Commissioner to forfeit project. In this case, there will be no refund.
4. Cancellation, and Expiration. The fee for Work is non-refundable. If Commissioner nonetheless does not want or refuses to receive Work, Artist may decide whether or not to complete Work, and will exclusively retain all right to Work.
5. Limitation of Liability. Commissioner agrees that Artist will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from Artist's performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)