Introduction
These Terms and Conditions (“Terms”) govern the relationship between ShayasArt (“Artist”) and you, the Client (“Client”), for all commissioned artworks.
By submitting a commission request or paying a deposit, you acknowledge that you have read, understood, and agreed to be bound by these Terms in their entirety.
These Terms set out the rights and obligations of both parties, including service scope, payment, revisions, delivery, usage rights, liability, and dispute resolution.
1. Definitions
“Artist” means ShayasArt, the creator of the commissioned artwork.
“Client” means the individual or entity commissioning the artwork.
“Commission” means the agreement between the Artist and the Client for the creation of custom artwork.
“Final Artwork” means the completed artwork delivered to the Client following all approvals and payment.
“Commercial Use” means any use of the artwork beyond personal display, including merchandising, advertising, branding, resale, or publication.
2. General
All artworks are original creations by the Artist.
Commissions are accepted at the Artist’s discretion. The Artist reserves the right to decline any request without explanation.
These Terms apply to all commissioned works, whether digital or physical.
3. Payment
A 50% non-refundable deposit is required to confirm and begin the Commission.
The remaining 50% balance is due upon completion, prior to delivery or shipment.
The Artist will issue an invoice for each payment. Unless otherwise stated, invoices are payable within 7 calendar days of issue.
Payment details will be provided upon commission request.
All prices are quoted in AUD and may vary based on complexity, size, materials, and requested rights.
4. Late Payment & Quote Validity
If final payment is not received within 7 calendar days of invoice, a late fee of 5% per week applies, calculated from the due date until the balance is paid in full.
Quotes are valid for 30 calendar days from the date of issue. After that, the Artist reserves the right to issue a revised quote.
5. Process & Timeline
Commission slots are limited and scheduled based on availability.
Estimated turnaround time is 1–4 weeks from receipt of deposit and approved brief. This may vary based on project scope, current workload, and shipping time.
The Artist will communicate any delays due to scheduling conflicts, illness, emergencies, or supply issues as soon as possible.
The Client will receive progress updates at key stages (e.g., sketch, color blocking, final).
6. Revisions
The Client may request up to two minor revisions during the sketch phase at no additional cost.
Additional revisions or changes requested after approval of the sketch may incur extra fees.
Major changes requested after Client approval at any stage (e.g., composition, theme) may require a new Commission and fee.
7. Delivery
Digital Final Artwork will be delivered via email in high-resolution PNG or JPEG format.
Physical Final Artwork will be shipped via tracked courier to the Client’s provided address or held for local pickup in the Newcastle/Wallsend area.
Shipping costs, including packaging and insurance, are the responsibility of the Client and will be quoted separately.
The Artist is not liable for damage or loss during transit but will assist with claims where possible.
8. Force Majeure
Neither party shall be liable for delays or failure to perform obligations under these Terms due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, illness, or supply chain disruptions.
9. Usage Rights
All commissioned works are for personal use only, unless Commercial Use rights are explicitly purchased and documented in writing.
The Client may share the Final Artwork online and in physical form for personal display, provided attribution is given to the Artist (@shayasart).
The Artist retains full copyright, moral rights, and reproduction rights to the artwork unless a separate licensing agreement is executed.
Commercial Use, including but not limited to merchandising, branding, advertising, resale, or publication, requires a separate licensing agreement and fee.
10. Cancellation & Refunds
If the Client cancels the Commission after the deposit is paid, the deposit is non-refundable.
If the Artist cancels the Commission due to unforeseen circumstances, the Client will receive a full refund of all payments made.
No refunds will be issued once the Final Artwork has been delivered to the Client.
Refunds will not be provided for subjective dissatisfaction if the Final Artwork conforms to the agreed brief.
11. Confidentiality & Conduct
The Artist will treat all Client information with confidentiality and will use it solely for the purpose of completing the Commission.
The Client agrees to communicate respectfully and professionally throughout the Commission process.
Harassment, discrimination, or abusive behavior by the Client or their representatives will result in immediate termination of the Commission without refund.
12. Portfolio Use
The Artist reserves the right to display images of the Final Artwork in portfolios, on social media, and in promotional materials unless the Client requests in writing that their Commission remain private.
Private Commissions must be clearly indicated at the outset of the project.
13. Limitation of Liability
The Artist’s total liability under these Terms shall not exceed the total fees paid by the Client for the relevant Commission.
The Artist will not be liable for any indirect, incidental, or consequential loss or damage arising from the Commission or the use of the Final Artwork.
14. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Artist, their agents, and employees from any claims, liabilities, damages, or expenses arising from the Client’s breach of these Terms or misuse of the Final Artwork.
15. Data Protection & Privacy
The Artist will handle Client personal data in accordance with the Privacy Act 1988 (Cth) and the Artist’s Privacy Policy.
The Artist will not share Client data with third parties except as required to complete the Commission (e.g., shipping carriers) or as required by law.
16. Moral Rights
The Client waives any moral rights in the Final Artwork to the extent permitted under the Copyright Act 1968 (Cth), including the right to attribution and integrity, so long as the Artist is credited when reasonable.
17. Digital Files & Formats
The Final Artwork will be provided in the agreed file formats (e.g., PNG, JPEG) at a resolution suitable for typical print and digital use.
Source files (e.g., PSD, AI) are not included unless specifically requested and may incur an additional fee.
18. Governing Law & Dispute Resolution
These Terms are governed by the laws of New South Wales, Australia.
The parties agree to first attempt to resolve any dispute through good-faith mediation before commencing litigation.
Any legal action shall be brought exclusively in the courts of New South Wales.
19. Agreement
By submitting a Commission request or making any payment, the Client confirms they have read, understood, and agreed to these Terms.
These Terms constitute the entire agreement between the Artist and the Client and may only be amended in writing, signed by both parties.