Last Updated: [10/28/2024]
Welcome to Erskine Designs. These terms and conditions outline the rules and regulations for the use of our services and website. By accessing or using our services, you agree to comply with and be bound by these terms. If you disagree with any part of these terms, you may not access our services.
1. General Information
Service Provider: Erskine Designs
Contact Information: erskinedesigns@gmail.com
Service: Custom digital art services, including album cover designs, book covers, illustrations, and concept art, with a specialization in dark fantasy styles.
2. Services and Artwork Delivery
Erskine Designs provides digital artwork services as per the specifications agreed upon with the client. The final artwork will be delivered in digital format, typically as high-resolution image files.
The estimated delivery time for each project will be discussed and agreed upon with the client before work begins. Delays may occur due to unforeseen circumstances, but clients will be notified as soon as possible.
3. Pricing and Payment
Prices for custom artwork and services will be provided to the client in a formal quote before the start of the project.
A non-refundable deposit of 50% of the total project fee is required to begin work. The remaining balance is due upon completion and approval of the final artwork.
Payment methods include Payoneer, Stripe, Direct Bank Transfers. Payment must be made within 14 days of receiving the invoice.
Erskine Designs reserves the right to adjust prices for future projects without prior notice.
4. Usage Rights and Licensing
Upon full payment, clients receive the agreed-upon usage rights to the artwork, as specified in the project agreement.
Erskine Designs retains the copyright and intellectual property rights to the artwork, unless otherwise agreed in writing.
Clients may use the artwork for promotional and commercial purposes directly related to the agreed-upon project. Any other use, including reselling, sublicensing, or modification of the artwork, requires permission from Erskine Designs.
Clients may reserve existing artwork by placing a 50% deposit of the total cost. The artist retains the right to sell the artwork if the remaining amount is not paid within six weeks. The artist keeps the 50% deposit, which is non-refundable.
5. Revisions and Changes
The project fee includes up to 5 rounds of minor revisions. Additional revisions will be charged at a rate of $33 per hour.
Major changes, such as alterations to the overall concept or style, may incur additional charges, which will be discussed and agreed upon with the client before proceeding.
6. Refund Policy
Due to the nature of custom artwork, all sales are final, and no refunds will be provided after the initial deposit is paid, unless the Artist is unable to deliver the product.
If Erskine Designs is unable to complete the project for any reason, the client will receive a refund of any payments made.
7. Client Responsibilities
Clients must provide clear and complete instructions, including any reference materials, design preferences, and usage requirements, before work begins.
The client is responsible for ensuring that they have the legal right to use any materials or references provided to Erskine Designs for use in their project.
8. Confidentiality
Any confidential information shared between Erskine Designs and the client will be kept strictly confidential and will not be shared with third parties without prior consent, except as required by law.
9. Liability and Indemnification
Erskine Designs is not liable for any indirect, incidental, or consequential damages arising from the use of the artwork.
The client agrees to indemnify and hold Erskine Designs harmless from any claims, losses, or damages arising from the use of the artwork.
10. Termination of Services
Either party may terminate the project at any time before the final delivery. In the event of termination by the client, the non-refundable deposit will be retained by Erskine Designs, and any additional work completed will be invoiced accordingly.
Erskine Designs reserves the right to terminate services if the client fails to make payment, provides insufficient information, or breaches any terms outlined in this agreement.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of New Mexico, United States.
12. Changes to the Terms and Conditions
Erskine Designs reserves the right to modify or replace these terms at any time. Clients will be notified of any significant changes. Continued use of our services following such changes constitutes acceptance of the new terms.