TERMS OF SERVICE
Last updated December 1, 2023
Thank you for your interest in a Companion Crafts! Please take a moment to read over the Terms of Service below. The following terms are applicable to all past and future commissions.
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OUTLINE OF TERMS
This website is owned and operated by Morgan Stanhope, the artist behind Companion Crafts. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to contact and commission the previously mentioned artist for original commissioned artwork of their pet. By accessing or using the website or our service, you approve that you have read, understood, and agree to be bound by these Terms.
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USAGE
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
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COMMERCIAL SERVICES & PRODUCTS
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out process by approving your quote. The base prices we charge for our products are listed on our website, with the final price largely being dependent upon that of the customer's wishes. A final price will be provided to you in the form of a quote sent to your email. By selecting to accept the quoted price, you agree to pay the artist for the stated amount and proceed with the purchase. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and shipping is available on the products page.
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REFUNDS
We do not offer refunds on any of our products. Customer agrees that once paid for, all sales for all products and/or services are final and can not be refunded or returned.
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RETENTION
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
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OWNERSHIP
Companion Crafts and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Morgan Stanhope. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof without expressed written consent from the copyright holder.
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UPLOAD OWNERSHIP
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
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IDEMNIFICATION
You agree to indemnify and hold Morgan Stanhope harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services or products offered on the website.
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LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Morgan Stanhope, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
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To the maximum extent permitted by applicable law, Morgan Stanhope assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
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RIGHT TO CHANGE AND MODIFY TERMS
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
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PROMOTIONAL SERVICES
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
CLIENT AND ARTIST WORKING COMMUNICATIONS AND RELATIONS
Clients are expected to understand the following before placing an order or request to order with Companion Crafts:
- Any other Terms of Service related to commissioning any other artist in any manner are non applicable. Only this set of Terms and Services are to apply to any past and future orders placed with Companion Crafts.
- Client agrees to conduct themselves in a respectable way, understanding if they fail to do so their order agreement can be severed and refunded as a result.
- Client understands that the artist and their commissioned art is subject to experiencing possible delays due to personal emergencies.
- Client understands that orders are completed in the sequence a deposit (or full payment) of the product was placed. All deposit paid orders are placed on a waitlist until such time the artist is ready and available to begin working on the next order. Due to this sequencing, it is not possible to pay more money or offer additional funds or bribes to have an order moved up the list.
- Client understands that all deadline dates on rush orders are requests. The artist will preform to their best abilities and communicate your the availability of your intended deadline, however portrait arrival by deadlines are never guaranteed unless stated and confirmed by the artist during the ordering process.
- Client agrees that the artist may contact them at a reasonable hour in order to work with the client in order to produce a successful painting under the approval of the client and their intended upon vision.
- Client understands that the completion time of each commission is varied largely by a number of different factors. The artist will provide a best estimated time of start and completion when the order has been accepted by artist.
- Client understand that even if they request to be notified for only major updates or to be surprised, they must be reachable and responsive within a reasonable timeframe of attempted artist contact by their preferred contact method. Should client fall inactive or unreachable during the critical stages of their order (consult, ordering, payment, painting, or shipping), the order may be placed on hold, delayed, or cancelled.
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UNDERSTANDING OF PROCESS
By submitting an order, client fully understand the following steps and processes of commissioning the artist. The client agrees to reach out through their desired contact method to request the artist to elaborate if something has been made unclear to them or confusing.
1. REVIEW. The client is expected to read and understand the Terms of Service before placing their order as outlined in the ordering steps on the order page at CompanionCrafts.com/order.
2. CONSULTATION. The client can then request a consult to speak with the artist directly on which products or services may be the best match for the product they have in mind. Any and all communications pertaining to ordering while in the consult stage are subject to expiration over time such as prices and availability of products. Consults and the information gathered from such are applicable for two weeks from the date of submission of quotes, materials, and procedures. After such a time if an order was not confirmed by the client, the order will be placed on hold and the order will not be placed on the artists waitlist.
3. ORDERING. After browsing our array of products and services, the client can fill out an order form without engaging in the prior consultation step. The client will then upload their pet reference images directly to the website via the submission form on the order page or they can send them by email to CompanionCraftsArt@gmail.com. All photos are expected to be tasteful, appropriate, and following the guidelines outlined in the reference photo guide listed on the order page.
Upon receiving the clients request to order and reference photos, the artist will reply to the client via their listed preferred method of contact as identified in the order form. At this point, any and all information pertaining to the creation of the painting may be discussed such as colors, themes, special requests, etc. We love to learn about your pet and what makes them themselves.
4. PAYMENT. Once an order form has been received and the client and artist have had the opportunity to discuss the clients wants and goals for the painting, the artist will submit a formal quote for approval to the clients email. The client then has two weeks to accept their quote and pay the agreed upon price to the artist. Once payment has been received, the order will be officially posted to the artists waitlist.
5. APPROVAL & PREP. Only after the discussed upon minimal deposit amount has been made from the client to the artist will the artist begin formal word on the commission. Special previews incorporating the ideas and vision for the commission will be digitally created and submitted for the clients approval. The mock up versions are a generalized idea of how the artist has understood and imagined the requests of the client. Once a mock up image has been settled upon, the painting will take shape to resemble the provided mock up.
6. PAINTING. Where the clients order is on the waitlist and if the full price of the order has been paid in full are the determining factors behind when the artist will be able to begin painting. The artist will only paint a commission that has already been paid in full, even if it is at the forefront of the waitlist. Should a painting on an order be delayed through the client, the artist may put the commission on hold and skip to the next order in the waitlist. Once the clients position on the waitlist has been reached, the artist will contact the client directly to inform them that their order is getting ready to be painted. At this point the artist will begin the prep work on the commission and begin painting only after communication has been made with the client. At this stage, the client is expected to be available and present should the artist have questions or need approval on certain aspects of their commissions creation.
7. APPROVAL. As painting of the portrait comes to a close, the artist will present the client with as many or as few photos of the product depending upon the clients preferred contact frequency selected when ordering the commission. At this stage, the client is expected to make the artist aware of anything that might need alterations before the painting is deemed complete.
8. ARCHIVAL PROCESS & FINAL TOUCHES. Once the painting has been completed, the next step will be to let it sit untouched for 24 hours for all the paint to cure. Next, an isolation coat which creates a protective layer between the painting and the varnish will be applied in one to two coats which will then dry for a minimum 24 hours. Between two and three coats of varnish will then be applied to the painting with a 12 hour curing time between each coat. An additional 1-7 days of curing time will then follow the final coat of varnished to ensure the painting is completely dry and sealed before shipping. These important steps give the painting the longest possible life. During this time, the artist will stamp, sign, and date the back of the canvas.
9. SHIPPING. When all previous steps have been completed, the artist will carefully and securely pack the clients order and ship it between 3 to 5 business days. As of 2024, all shipments must be signed for on delivery. The artist will contact the client for their preferred arrival date of their package so that they may be available to sign for it. Before the package is exchanged into the care of the UPS shipper, the artist will confirm the clients shipping address one final time. The client will then receive a confirmation and a tracking code for their package.
10. REVIEW. Once the package arrives safely to the home of the client, the artist asks that the client inform them on the safety of the portrait. It is our goal that our customers be extremely happy and satisfied with each and every order placed, and as such, we would love to hear your thoughts on everything.
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PAYMENTS
Available payment methods for products include credit/debit cards, apple pay, google pay, and venmo. Payment is made only after an order has been approved by the artist who will then submit a price quote to the client for approval. Only after the price quote has been accepted will the client be permitted to pay via one of the previously listed payment methods. Client understands that until a minimum deposit has been made on their order, that their order status is still in the consulting stage and cannot be added to the artist's waitlist until such time a minimum deposit has been made. The artist will not begin work on a commission, reserve a working time slot, or a space on the waitlist for a commission that has not been paid for under the minimum deposit amount agreed upon at time of booking. Just as the client who has accepted the provided quote is responsible and required to make a prompt payment, clients eligible for a payment plan are required to pay their invoices on their due date or within a due date timeframe window. Any orders with delayed payments pertaining to payment plans are subject to waitlist and completion delays. Any missed payments may be eligible for order cancellation and retention of payments already placed.
If the commission fails to arrive at the address specified, through no fault of the artist, client will pay any reshipping cost.
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CLIENT USAGE POLICY AND ARTIST COPYRIGHT
The artist holds any and all rights both stated and unstated below to the created painting as it falls under the artists intellectual property. As such, the artist has the right and the ability to:
- Use the art in a promotional manner in marketing emails, on social media, and through advertisements.
- Display the art or post the art digitally online to websites, social media, etc.
However, the artist will not recreate, reproduce, or resell the created image under the circumstance that the commission created was produced as an original artwork belonging to the client.
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The client agrees to the following abilities and prohibitions of the commissioned art:
- The client agrees not to reproduce, copy, resell, redistribute, or modify the painting in any way, or to allow, pay, or encourage someone else to do any such thing.
- The client agrees that any social media, internet, or digital posts of the artwork will include proper credit to the artist and to the artist's website and/or contact information.
- The client agrees that under absolutely no circumstance may the painting be resold or reproduced for monetary gain.
- The client understands that they have the ability to use the artwork for personal and display in their home or office.
- The client agrees that under no circumstance should they take any credit for the production or creation of the artwork.
- The client agrees not to remove or attempt to remove any logos, brands, signatures, or identifying features from the artist on the painting.
Should the client wish to obtain full commercial rights and permissions in regards to their commissioned piece, they may contact the artist in order to determine a price point. However, artistic credit over the piece can never be bought, sold, or removed.
CANCELLATIONS, REFUNDS, AND CHARGEBACKS
We may permanently or temporarily terminate or suspend your access to a service or product(s) without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. The artist reserves the right to cancel an order and refund the commission at any time at their discretion, with or without reasoning. Refunds will only be given by cancellation of an order on the behalf of the artist, otherwise one paid for, all sales are final. Clients who file a chargeback will be created a file against to dispute the chargeback. These files will include any and all communications between the artist and client, as well as receipts, proof, and images to support the dispute on the behalf of the artist. Clients that file a chargeback will be stripped of their rights to use their ordered artwork, refused a subsequent commission of any kind, and placed on an artist blacklist.
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PREFERENCE OF LAW AND DISPUTE RESOLUTION
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Windham County/Connecticut, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Windham county. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
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CUSTOMER SUPPORT AND CONTACT
Please contact us promptly if you have any questions or concerns regarding these terms by any of the following methods: Place a contact request form by visiting the Contact page at CompanionCrafts.com/Contact, or by emailing your claims directly to CompanionCraftsArt@gmail.com.