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General Services Terms and Conditions | Artworks For Sale Terms and Conditions

TERMS AND CONDITIONS FOR ARTWORKS FOR SALE

ARTICLE 1 - OBJECT

The object of such letter of agreement is the purchase and sale of a premade Artwork For Sale (“Artwork For Sale”) from the - seller - as per the conditions agreed by the parties in this document and descriptions included on the briefing (“briefing”), as the values described on the numbered invoice (“numbered invoice”), all attached hereto.

1st Paragraph: In case the - purchaser - may request to the - seller - alterations in the design of the - Artwork For Sale -, this shall implicate in an adjustment in the - full price - to be paid for such - Artwork For Sale -.

2nd Paragraph: Such - Artwork For Sale - shall be delivered in the following file formats:
• PSD file(s) (Software: Adobe Photoshop) in high resolution, 300dpi (pixel/inch).
Including flatten layers for the artwork(s) and margin template, texts and logos on separated layers;
• 2 versions of the Cover Artwork in JPEG file, being one version without band logo and text on it, and another version with logo and texts merged to the artwork. All files in High Resolution (300dpi) for web and printing. • JPEG and PSD file(s) in full resolution, 300dpi (pixel/inch) / CMYK colors for printing.
• JPEG and PSD file(s) in full resolution, 300dpi (pixel/inch) / RGB colors for web.
• *PDF file(s) in full resolution, 300dpi (pixel/inch) / CMYK colors for printing. *will be delivered only upon purchaser request.

ARTICLE 2 – PRICE

The full price (“full price”) of the - Artwork For Sale -, is the value provided for in the - numbered invoice - that is based on the complexity and - briefing - requested alterations of the - Artwork For Sale - by the - purchaser -.

1st Paragraph: The - full price - to be paid for the execution of the artwork and design services for the - Artwork For Sale - shall be paid upfront within the dates provided for in the - numbered invoice -.

2nd Paragraph: Shall the payment not be done until the expiration date provided for in the - numbered invoice - , a 10% fee over the - full price - and an additional 2% fee over the - full price - by day may be charged and a new payment request may be sent to - purchaser -.

3rd Paragraph: In the case provided for in the first and second paragraph of the present article, shall the - full price - not be paid after 15 (fifteen) days of the expiration date set forth in the - numbered invoice -, the present agreement shall be considered void and the - seller - shall have the right to re-sell or re-use the - Artwork For Sale - to any such new purchaser or project.

ARTICLE 3 – PAYMENT

The payment of the - full price - in any of the cases provided for in article 2 of the present agreement shall be made through digital financial transactions via PAYPAL ACCOUNT (https://www.paypal.com) at the seller’s paypal account e-mail address (service@cadiesart.com).

1st Paragraph: For purposes of correct identification of payment by the - seller -, the - purchaser - shall identify itself (or the band’s/company’s name) as a “note” when sending the payment via PAYPAL.

2nd Paragraph: The - full price - may include the paypal fees (“paypal fees”) - that varies from 7% to 8%, and must be included by the - purchaser - on all payment(s) sent via paypal account to the seller’s paypal account address (service@cadiesart.com).

3rd Paragraph: In the case provided for in the second paragraph of the present article, the - paypal fees - will be assumed and paid by the - seller - only if the - seller - previously agree in negotiantion with the - purchaser -, considering also - purchaser - available budget and the - full price - for the - Artwork For Sale - costs.

ARTICLE 4 – DELIVERY OF THE Design Project

The - Artwork For Sale - shall be delivered digitally, by e-mail, in high definition format, as either an attached email file or a link to download such files on seller’s FPT server or from seller’s WeTransfer account (www.cadiesart.wetransfer.com/). Files will be sent to - purchaser - only upon completion and approve of the professional artwork and design services for the - Artwork For Sale - and all payments received and signed agreement scanned copy received.

1st Paragraph: The - Artwork For Sale - that is not to be submitted to alterations shall be sent to purchaser within 3 (three) days upon the receiving of the payment and present signed agreement scanned copy by the - purchaser -.

2nd Paragraph: During the execution of alterations requested by the - purchaser - , if any, only previews with watermark shall be sent as samples (“samples”) to - purchaser - for approval.

3rd Paragraph: In case the delivery by the - seller - of all high res files for the - Artwork For Sale - be delayed for more than 1 month, from the previously agreed dead-line set forth on this present document, by purchaser’s reasons and faults, the - seller - may charge the - purchaser - USD$50.00/hour for the extra working time needed to conclude the project within the new - purchaser - dead-line agreed by both parties.

4th Paragraph: By download or/and use all high res files of the - Artwork For Sale -, the - purchaser - also agree to all Terms and Conditions and values set forth to this present document and agreement.

5th Paragraph: Changes requested by the - purchaser - after all high res files approved and delivered to the - purchaser - by the - seller -, - purchaser - may be charged USD$50.00/hour for the extra working time needed to conclude the extra changes needed and to set all high res files again for a new delivery.

6th Paragraph: The - seller - has no obligation in delivery the high res files for the - Artwork For Sale - before receive a scanned copy of this present agreement signed by the - purchaser - and before all pending payments be sent by the - purchaser -.

ARTICLE 5 – NOTIFICATION

Any alterations in the conditions of the professional artwork and design services of the - Artwork For Sale - executed in the present agreement shall be notified by the party responsible for such alteration as a means to guarantee the full compliance of the present agreement.

ARTICLE 6 – CANCELLATION AND REFUNDS

The cancellation and refunds of the - Artwork For Sale - , as per the conditions agreed by the parties in this document, shall be made among the options and values percentages set forth in the following paragraphs of the present article.

1st Paragraph: Shall the - purchaser - notify the - seller - about the cancellation of the present agreement and services within 7 days from it’s payment date and before the - seller - starts to work on - Artwork For Sale - changes or it’s dispatch , the - seller - shall refund to - purchaser - 100% of value paid.

2nd Paragraph: In the case provided for in the first paragraph of the present article, shall the - purchaser - notify the - seller - about the cancellation of the present agreement and services after the - Artwork For Sale - requested changes get started but before it’s completion, the - seller - shall refund to - purchaser - minimum of 30% (thirty percent) and maximum 60% (sixty percent) of the value already paid as for the seller’s extra working time spent on it.

3rd Paragraph: In the case provided for in the first and second paragraphs of the present article, shall the notification of the cancellation of the present agreement occur by the - purchaser - after the completion or dispatch of all high resolution files of the - Artwork For Sale - by the - seller -, the - purchaser - shall have no right of refunds on the values already paid to the - seller -.

4th Paragraph: In any of the cases provided for in the present article, if the - Design Project - not be approved by the - purchaser - and the - purchaser - request the cancellation of the present agreement and services with full refund of 100% of the value already paid, the - seller - shall refund to - purchaser - 100% of the value paid only if the - purchaser - gives to the - seller - the permission and right to re-sell or re-use the - Artwork For Sale - to any such new purchaser or design project.

ARTICLE 7 – EXCLUSIVITY

The - Artwork For Sale - shall only be made available, disclosed in high definition format, and sold to - purchaser - , being the - seller - obligated under such agreement to refrain from providing artwork and design projects with the same characteristics of the - Artwork For Sale - to subjects foreigners to the present agreement.

1st Paragraph: All artworks and designs done by the - seller - must remain unchanged by the - purchaser - after all high res files of the - Artwork For Sale - be delivered to the - purchaser -.

2nd Paragraph: No parts of the artwokrs and designs done by the - seller - can be reused or manipulated in other artworks or designs by the - purchaser - without the previous notification and approve by the - seller -, after all high res files of the - Artwork For Sale - be delivered to the - purchaser -. .

ARTICLE 8 – INTELLECTUAL PROPERTY LICENSES AND CREDIT

This agreement grants the cession of all copyrights of the - Artwork For Sale -, allowing the distribution, redistribution, commercial and non-commercial use of the - Artwork For Sale - by the - purchaser -.

1st Paragraph: The - purchaser - is obligated under these provisions to credit the - seller - as the artist and designer of the - Artwork For Sale - as “Artwork by CadiesArt - www. CadiesArt.com” while displaying by any means the - Artwork For Sale -.

2nd Pagraph: The - purchaser - is obligated under the present agreement to send to the - seller - by mail or courier the physical sample of the - Artwork For Sale -, such as a CD, LP, T-Shirt, or any other released product using the - Artwork For Sale -.

3rd Paragraph: The - purchaser - shall spend its best efforts to credit the - seller - while displaying the - Artwork For Sale - in digital medias such as on Facebook and others websites and press releases.

4th Paragraph: All artworks created by CadiesArt - Digital Artwork are protected by CadiesArt.com, copyrighted registered and certificated for its rights protected by SafeCreative.org.

ARTICLE 9 – TERMS AND CONDITIONS CHANGES AND AMENDMENTS

We reserve the right to modify this agreement or it’s policies relating to the website or graphic services at any time, effective upon posting of an updated version of the present terms and conditions on the website or in future orders.

ARTICLE 10 – JURISDICTION AND APPLICABLE LAW

The law applicable to the present agreement is the Brazilian law, and the elected forum in case of judicial discussion is the Forum of São Paulo, SP, Brazil.

If you have any question:

I'm always available to receive emails here: caio-caldas@uol.com.br, just drop me a message, I always answer to everyone and very fast.

Thanks a lot for your attention and your trust in my work

I’m Caio Caldas from CadiesArt - Digital ArtWork