Commission Terms and Conditions
TERMS & CONDITIONS
The following terms and conditions apply to the commissions service provided by Josh Moir to you, the Client.
Acceptance
It is not necessary for the Client to have signed any document for these terms and conditions to apply. If the Client commissions a portrait from Josh Moir then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any commission or use services implies that you have read, understood and accepted these terms and conditions.
Price Quotations
Charges for services to be provided by Josh Moir are defined in the price quotation that the Client will receive, upon request, via email upon agreement of commencement of the Commission. Quotations are valid for a period of 30 days. Josh Moir reserves the right to alter or refuse to honour a quotation after expiry of the 30 days.
Additional Expenses
The Client agrees to reimburse Josh Moir for any additional expenses incurred for the completion of the work. Examples of these instances would be postage charges, extra travel expenses for delivery etc.
Photo Provision
The Client will be required to provide suitable photographs for the commission work to be produced. The Client must have permission to use such photographs & it is their responsibility to not breach any copyright laws.
Artwork progress
At the initial stage of work Josh Moir will provide a photograph of a rough sketch of the proposed composition which the client has to confirm is acceptable before work commences on the commission. The client has 30 days from the sending date of this image to confirm they are happy with the composition, or request any amendments they would like to be made, which will be completed and costs included in the deposit paid to a maximum of 2 alterations.
Once work commences on a commission, Josh Moir will email photos of the progress of the Artwork & an estimated completion date.
At this stage minor alterations can be made to its design content.
Josh Moir reserves the right to share “painting in progress” photos to social media unless the Client expresses this not to be done, for example in the case of a surprise gift.
Once Artwork is complete Josh Moir will email the Client a watermarked digital photo of the finished portrait. At this stage only very minor adjustments can be made.
Copyright
Josh Moir retains the copyright to the artwork created from the Clients photo. Josh Moir will not reproduce the Artwork & its usage will not be allowed on any other website apart from Josh Moir's website and social media pages, unless the Client gives written permission to do so.
Josh Moir reserves the right to display the artwork on their website and social media pages. If a Client is unhappy about the artwork being displayed, they must declare this upon placing the commission.
The Client retains ownership of the artwork but has permission to share the artwork on social media. If the client wishes to make any reproductions of the Artwork then this must be arranged through Josh Moir only.
Deposit
Josh Moir requires a minimum 30% deposit from the Client to confirm a commission slot. This deposit is non refundable once the commission details are confirmed and work is undertaken on the commission beyond the initial sketch phase.
Payments
Invoices will be issued by Josh Moir upon completion of the Artwork & before collection/delivery. Invoices are primarily sent via email. The Client will also be required to provide a current postal address to receive hard copy invoices. Payment in full is due within 7 days of invoice. Please note, unless specifically agreed to by both parties prior to the issuing of an invoice, Josh Moir does not accept payment in part or via instalments.
Josh Moir accepts payment by the following methods (in order of preference):
Bank Transfer (BACS)
Credit/Debit Card*
PayPal*
* Please email sales@joshmoir.net for complete payment details.
For termination before completion of commission
If the client chooses to terminate the services of Josh Moir after agreeing a commission arrangement but before the commissioned project is complete, Josh Moir reserves the right to retain any non-refundable deposits paid.
Should the Client cancel the commission agreement after the Artwork has been completed, Josh Moir 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 Josh Moir and the stage of the project at the time of cancellation.
If communication breaks down on the part of the Client for a period of 30 days (that is, the Client fails to reply to a communication from Josh Moir ) Josh Moir 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, Josh Moir reserves the right to to terminate the commission. In this event, all deposits paid will be retained by Josh Moir 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.