Agreement means the entire content of this Terms and Conditions document, together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.
Copyrights means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copyright Law.
Final Deliverables means the final versions of Deliverables provided by Krystyn Wypasek and accepted by Client.
Final Works means all creative content developed by Krystyn Wypasek, or commissioned by Krystyn Wypasek, exclusively for the Project and incorporated in the Final Deliverables, including, but not limited to, any and all visual elements, graphic design, illustration, photography, animation, motion design, audio-visual works, sounds, typographic treatments and text.
Project means the scope and purpose of Client’s identified usage of the work product as described in the product description and process.
Services means all services and the work product to be provided to Client by Krystyn Wypasek as described and otherwise further defined in the product description and process.
Payment All invoices are payable within 14 calendar days of receipt. Krystyn Wypasek reserves the right to withhold Deliverables if accounts are not current or overdue invoices are not paid in full. If invoice is not paid within 21 calendar days of receipt, Krystyn Wypasek reserves the right to sell and print Final Deliverables to other customers. All grants of any license to use under this Agreement are conditioned upon receipt of payment in full, including any outstanding Additional Costs, Taxes, Expenses, Fees, Charges, or the cost of Changes.
Additional Costs Client is responsible for sales tax and shipping costs.
Deposits Deposits are refundable in the event of cancellation of the Color Consultation by the Client. Deposits are refundable up to 48 hours after the Color Consultation. After 48 hours, they are non-refundable.
Changes Client must assume that all additions, alterations, changes in content, layout, or process changes requested by Client, will alter the time and cost. However, no additional payment shall be made for changes required to conform to the original assignment description.
Cancellation In the event of cancellation of this project, ownership of all copyrights and the original artwork shall be retained by Krystyn Wypasek, and a cancellation fee for work completed, and expenses already incurred, shall be paid by Client. Cancellation fee is based on the percentage completed. Percentage is determined by time estimate for the entire job. If cancellation occurs after the project is completed, Krystyn Wypasek reserves the right to sell and print the Final Deliverables to other customers.
Returns Krystyn Wypasek does not accept returns of custom Floral Collage prints.
Alterations
Any electronic or physical alteration of artwork or graphic design comprising Krystyn Wypasek’s Work Products (color shift, mirroring, flopping, combination cut and paste, deletion, etc.) is prohibited without the express permission of Krystyn Wypasek. Unauthorized alterations are prohibited.
Attributions/Promotions
Krystyn Wypasek retains the right to reproduce, publish and display the Final Works, Deliverables, and Preliminary Works, to the extent they do not contain Client’s Confidential Information, in Krystyn Wypasek’s portfolios and Websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project, and, if applicable, the services provided to the other party on its Website and in other professional materials, and, if not expressly objected to, include a link to the other party’s Website.
Ownership and Copyrights
Krystyn Wypasek retains all ownership and copyrights of all work products, but will not offer prints of products made for Client. Client owns the print, but may not reproduce, create, or distribute copies. Client must purchase any additional prints through Krystyn Wypasek.
Acceptance
By offering these services, Krystyn Wypasek accepts these terms. By booking a Color Consultation and submitting a deposit, Client accepts these terms. Electronic acceptance of terms shall be considered legal and binding.
Changes to Terms and Conditions
Krystyn Wypasek reserves the right, at her sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to her website.
