Terms of service.

The following terms and conditions apply to the commissions service provided by Eden MW to you, the Client.

Acceptance

It is not necessary for the Client to have signed any document for these terms and conditions to apply. If the Client commissions artwork from Eden then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any commission implies that you have read, understood, and accepted these terms and conditions.

Estimates

Estimates given are a range, and include contingency time for variation and alteration, and are not definite. If substantial alterations are required, cost may exceed the estimate given during the initial discussion. Estimates are valid for a period of 30 days. Eden reserves the right to alter estimates after expiry of the 30 days.

Additional Expenses

Any additional costs incurred during the project (printing costs, font licensing etc.) will be billed to the client at the end of the project, but will be discussed with the client before purchasing.

Artwork progress

Once work commences on a client’s work, Eden will send screenshots and Work-In-Progress images through whichever messaging format most comfortable for the client (usually Twitter, Discord or E-Mail). Initially, rough and unfinished images will be sent, seeking approval of the direction of the work. At this stage, any changes can be made, up to and including “throw it out and start again” – acknowledging this may incur higher costs. Eden reserves the right to share these WIPs to social media unless the Client expresses this not to be done. eg a surprise present. Eden may also seek approval to livestream the creation of the artwork, however the client is under no obligation to allow this. Once the first draft of the artwork is complete Eden will email the Client a lower resolution version of the finished work. At this stage only minor adjustments can be made (colour, fonts etc.)

Upon full completion of the work, a google drive link containing all completed works will be sent to the client accompanying the final revised invoice.

Copyright

Eden reserves the copyright to all artwork created. The Client retains a licence to use the artwork, and is free to do use the artwork in the agreed upon ways relevant to the style of commission (A logo commission may be used for branding, a poster or flyer may be reproduced physically or digitally at any size etc.). This license does NOT give you the rights to edit or alter the work in any way, beyond anything outlined in an accompanying style guide. If no style guide is provided with the work, it may not be edited or altered. The following exceptions apply to this blanket statement:

  • If the client wishes to make any merchandise featuring print of or featuring any work created, The Client must contact Eden to seek an arrangement for merchandising.

  • If the client wishes to mint an NFT of or featuring any work created, the client must pay Eden 5000% of the original commission cost for an NFT license.

  •  If the client wishes to purchase the copyright to the artwork created, or otherwise expand their license use (if they are expanding to a different region or sector), this must be discussed as an when it is prescient.

Deposit

Eden requires a deposit from the Client to confirm a commission slot. This deposit will be calculated as 50% of the upper bound of the initial estimate. Repeat clients and Pay-What-You-Can clients may be except from the initial deposit at the discretion of Eden. The deposit is non-refundable.

Payments

An estimate will be sent after the original meeting. Upon acceptance or negotiation, it will be converted into an inoice and sent immediately. Invoices are primarily sent via email. Payment in full is due within 14 days of invoice. Please note, unless specifically agreed to by both parties prior to the issuing of an invoice, Eden does not accept payment in part or via instalments. Eden accepts payment by the following methods (in order of preference): Credit/Debit Card, Bank Transfer, PayPal

Conflict Resolution

In the event of conflict or disagreement, a cooling off period will be enacted of up to 5 days, depending on the severity of the disagreement. Once that time has elapsed, an in-person or video conferencing meeting will be arranged to attempt to ameliorate the disagreement. Client is encouraged to calmly explain their issues, and Eden will do the same thing, with discussion following until a resolution is found. In the event of an unsuccessful conflict resolution, premature termination shall be offered to the Client, with the terms detailed below.

For termination before completion of commission

If the client chooses to terminate the services of Eden after agreeing a commission arrangement but before the commissioned project is complete, Eden reserves the right to retain any non-refundable deposits paid.

Should the Client cancel the commission agreement after Artwork has begun, Eden reserves the right to charge up to 100% of the total projected costs. The scale of the charge will be dependent on the discretion of Eden and the stage of the project at the time of cancellation.

If communication breaks down on the part of the Client for a period of 30 days (that is, the Client fails to reply to a communication from Eden) Eden will issue a warning email. If this warning email is not replied to (and communication does not resume) with a following period of 30 days, Eden reserves the right to to terminate the commission. In this event, all deposits paid will be retained by Eden and the commission will be cancelled.

If the Client wishes to continue the commission at a later date they will be required to request a new project quotation, sign a new Commission Agreement and pay a further non-refundable deposit

Further Clarification

If any of this page is confusing or otherwise hard for you to read, feel free to reach out to me via email and I can break it down for you either in text or we can arrange a Zoom meeting to talk it.