Terms of Service (TOS)
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Overview
This website is operated by Aleasha Morris Art. Throughout the site, the terms “we”, “us” and “our” refer to Aleasha Morris Art. Aleasha Morris Art offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness, and Timeless of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Services and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Commission Terms and Conditions
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Acceptance
It is not necessary for the Client to have signed any document(s) for these terms and conditions to apply. If the Client commissions an artwork, the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Declination of Commissions
The Artist has the right to refuse any commission request for any reason. The Artist is not required to provide a reason, however, the Artist will likely explain the declination out of courtesy.
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The Artist will not create any works of art that depict sexually explicit (i.e. "x-rated", pornographic, simulated sex, sexual arousal) materials, fetishes, any form of hateful or racist imagery, gore, violence, demonic or satanic characters or scenes.
Commission Description
The Client must specify the content of their commission to the best of their ability prior to a Commission Agreement. Reference photos (to include a similar piece of work created by Aleasha Morris Art) may be the easiest way to convey an idea. A complex commission will incur additional fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
The Client must specify the desired size of the commission, regardless of whether the commission is a gallery wrapped canvas or if the commission has custom framing. This desired size will be defined and agreed upon in the Commission Agreement prior to Start of Work. Commission pricing details can be viewed here; all prices are a guide only and may not represent the final price of a particular commission.
Commission Agreement
A Commission Agreement will be issued to the Client after the initial meeting regarding the commission. The Commission Agreement will outline the information which the Artist and Client agree to such as, but not limited to: the subject matter and type of commission to be produced, the commission price (to include 50% non-refundable deposit and the remaining balance payments), the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the commission deadline, early termination circumstances, rush fees, Transfer of Ownership, commission Copyrights and/or whether or not the commission can be immediately displayed in the Artist’s portfolio.
This Commission Agreement is to be signed by both the Client and the Artist prior to the Start of Work. A copy of the signed Commission Agreement will be provided to the Client via email. If the Client refuses to sign a Commission Agreement for any reason, but the 50% non-refundable deposit has been paid, the Artist may still begin work on the commission as the Client will been deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full (see Commission Acceptance above).
The Commission Agreement shall remain on record with the Artist, along with any other documents related to the commission, for at least five years.
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Single Point of Contact
Commission requests and purchases will be be limited to a Single Point of Contact (SPOC). This helps both the Artist and Client keep better records, provide better communication and avoid any confusion during the commission process.
The Client is responsible for ensuring that their contact details are up-to-date and must notify the Artist if any changes to their contact information have taken or will take place. If the Artist is unable to contact the Client during the commission process, the commission is subject for termination (see Termination of Commission below).
Deadlines and Flexibility
The Artist will not take on commissions that have a) strict or short deadlines; and b) if the Client is not flexible on deadlines. This is due to the nature of the time it takes for the paint to dry, varnishing the finished piece, shipping the product, and Artist's full-time work. This is non-negotiable. If the commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
The Artist, to the best of their ability, can give a general indication of how long the commission will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work. The Artist will inform the Client regularly of progress (including photos) or if changes to completion times have occurred. The Artist is not obliged to explain reasoning behind extensions or delays for the completion of a commission, but will often do so out of courtesy.
Changes During the Commission Process
It is usually not possible to change a commission once started. However on rare occasions that this is possible then any alterations to the commission will need to be made in writing to either party. Further to this, any agreements to changes will need to be signed by both parties. If the Client wishes to make any alterations once started then a fee may also be incurred.
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Any changes to the commission must be requested by the Artist or the Single Point of Contact (SPOC) only. Any changes requested by anyone other than the Artist or the SPOC will not be considered (see Single Point of Contact above).
Termination of Commission
If the Client terminates:
If the client chooses to terminate the services of the Artist after signing a Commission Agreement but before the commissioned project is complete, the Artist reserves the right to retain any non-refundable deposits paid and the Artist will retain all rights to the artwork, to include, but are not limited to: ownership, copyrights, and the right to the resale of the original (see Copyright below)
Should the Client cancel the commission agreement after the Artwork has been completed, the Artist reserves the right to charge up to 85% of the total projected costs. The scale of the charge will be dependent on the discretion of the Artist and the stage of the project at the time of cancellation. The Artist will retain all rights to the artwork, to include, but are not limited to: ownership, copyrights, and the right to the resale of the original.
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If the Client fails to pay any remaining balance for commission:
The Client will have 180 calendar days from the final invoice date to pay the remaining balance in full. If the Client fails to pay the remaining balance by the 180 day deadline, it may result in the Commission Agreement becoming null and void, in which case the Artist reserves the right to retain any non-refundable deposits paid. Should the Commission Agreement become null and void due to failure of payment by the Client, the Client will not be transferred ownership of the piece and the Artist will retain all rights to the artwork, to include, but are not limited to: ownership, copyrights, and the right to the resale of the original.
If the Artist is unable to fulfill the commission:
If the Artists chooses to terminate the contract as they are unable to fulfill the commission they will return the deposit.
If the Artist terminates due communication:
If communication breaks down on the part of the Client for a period of 30 calendar days (that is, the Client fails to reply to a communication from the Artist) the Artist 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, the Artist reserves the right to to terminate the commission. The Artist also has the right to terminate the commission in the event of rude/inappropriate behavior by the Client. In these events, all deposits paid will be retained by the Artist 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.
Payments
A 50% non-refundable deposit is required for all commissions. The Artist will send an invoice to the Client for the non-refundable deposit and the invoice must be paid in full before Start of Work.
Upon completion of the commission, the Artist will send a second invoice to the Client for the remaining 50% commission balance. The Client will have 180 calendar days from the final invoice date to pay the remaining balance in full. Failure to pay the remaining balance by the 180 day deadline may result in the Commission Agreement becoming null and void, in which case the Artist reserves the right to retain any non-refundable deposits paid. Should the Commission Agreement become null and void due to failure of payment by the Client, the Client will not be transferred ownership of the piece and the Artist will retain all rights to the artwork, to include, but are not limited to: ownership, copyrights, and the right to the resale of the original (see Commission Terminations).
Ownership of the commission will only pass from the Artist to the Client on receipt of payment in full. The commission will not be sent to Purchaser until the agreed payment amount has been received. Payment method is determined as written in the Commission Agreement prior to the Start of Work (i.e. bank account transfer, PayPal).
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NOTE: All prices are specified as United States Dollars ($USD). It is the Client's responsibility to ensure that they have converted currencies based on current exchange rates.
Refunds
Refunds are not accepted except in the unlikely event that the artwork has been damaged or lost in transit. If the commission has been damaged in transit, please email pictures of the damage to aleashamorrisart@gmail.com within 7 calendar days of receiving the piece.
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The Client may be asked to ship the item back to Aleasha Morris Art for inspection. If this is the case, the Client will have thirty (30) days to send the commission back to the Artist, otherwise a refund will not be considered. Postage/shipping costs and expenses will be paid by the Client and a tracking number must be provided to the Artist as soon as the damaged commission ships. The Client must return the commission in original packaging with all documents, including the Certificate of Authenticity. The Artist will notify the Client once they have received and inspected the damaged commission. The Artist will inform the Client if the refund was approved or not. If approved, the Client will be automatically refunded on the original payment method.
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Disliking the commission, or change of mind, are not considered for a refund as this is minimized by providing drafts and progress photos throughout the commission process.
Damages, Theft, & Misplacement
The Artist is not responsible for any damages made to the commission except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the commission. The Artist will ensure packaging of the commission is safe and secure, and will provide postage and tracking details to the Client once the commission has been shipped. The Client accepts all possible risks once the Commission Agreement has been signed and payment made.
If damages have occurred, the Client must notify the Artist within seven (7) calendar days of receiving the commission, and must provide evidence of said damages. If the commission has been damaged but the Client wants to retain ownership, the Artist will refund 50% of the full amount back to the Client or as negotiated. If the commission is stolen, lost, or perished during the shipping process, the Artist will refund 50% of the full amount back to the Client or as negotiated. Once the package is marked as 'delivered' on the tracking page, the Artist is not responsible for misplaced or stolen packages. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded.
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Competitions
Under no circumstances may the Client submit a commission to any kind of online or offline contest.
Promotion
The Artist may use any images of the commission for promotional purposes, unless otherwise agreed upon in the Commission Agreement. The Artist may also sell Limited Edition Prints or merchandise of the commission (i.e. art books) only with written agreement from the Client.
Copyright
The Artist will not reproduce a Copyrighted or Trademarked image or character without expressed written permission of its Copyright or Trademark owner, and as it pertains to United States Copyright Law.
By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all copyrights to the commission, which includes but is not limited to: distribution, reproduction, use of the commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, etc.) unless otherwise agreed upon. Ownership of the commission will not be transferred from the Artist to the Client until both the 50% non-refundable deposit and the remaining balance for the commission have been paid in full (see Commission Payments).
The Client may not distribute, reproduce, or otherwise profit from the commission beyond the resale of the original commission. The Artist retains all copyrights to the artwork even in the event of new ownership/possession of the original. The Client may not edit, alter, or trace the commission without the Artist’s expressed written permission, or as agreed upon in the Commission Agreement prior to Start of Work. The Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the commission, unless otherwise agreed upon.
The Artist has the right to pursue damages under United States Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.