Terms & Conditions
Effective Date: These Terms and Conditions (“Terms”) were last updated on February 5th, 2020.
These Terms set forth the standards of https://thecommissionedartnetwork.com (“TCAN”, “Site”).
Please read these Terms before using this Site. By registering with us or using this Site, you acknowledge and agree to be bound by the Terms. We reserve the right to make changes to these Terms at any time without your prior notice. Your continued use of the Site after changes are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
Nothing contained in these Terms shall be so construed as to create any agency, partnership or joint venture of any kind between the parties hereto.
Description of Service
1. TCAN is providing Customers and Artists (both referred to as “Members”) a platform to commission and sell artwork. All Members are responsible for their own access to the internet and fees related to it.
2. A registered account will be needed before using TCAN Services. By registering you confirm that you are at least 18 years old and that all information provided is true, accurate, and up to date.
3. We have the right to restrict, suspend or delete any account, or to restrict, suspend or cease to provide any Services to Members at any time at our sole discretion for any reason or no reason. If your account is suspended, restricted, or deleted, you are not permitted to continue to use the Services or the Site under a different or new account.
4. All communications between the Customer and the Artist must be through the Site. All communications must be with a consistent and high level of courtesy, respect and professionalism. You agree that we have access to all communications between the Customer and the Artist and such communications may be retained by us for our internal records.
5. You agree and acknowledge that we shall have the right to reject any Commission or require suspension or cessation of work on any Artwork at our sole discretion by giving written notice to Customer and Artist.
6. You may terminate your account at any time by contacting us at email@example.com.
The Site is provided “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, TCAN makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. TCAN shall have no liability for any interruptions in the use of the Site. TCAN
disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
Limitation of Liability
TCAN SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TCAN SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TCAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Members agree to indemnify and hold TCAN, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.
Modifications and Interruption to Site
1. TCAN reserves the right to modify or discontinue the Site with or without notice to the Member. TCAN shall not be liable to Member or any third party should TCAN exercise its right to modify or discontinue the Site. Member acknowledges and accepts that TCAN does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of TCAN’s control.
2. TCAN makes no warranties or representations whatsoever with regard to any product provided or offered by any seller, and the Artist acknowledge that any reliance on representations and warranties provided by any Customer shall be at your own risk.
Information for Buyers
1.Purchases of items from the Site are governed by the terms set forth in the TCAN Customer FAQ. Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers (that is, purchasers of Commissions from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method.
2.All Artwork Fees and Delivery Fees are final and non-refundable. You acknowledge that the Artwork Fees will be collected by us for and on behalf of the Artist.
3.You agree that we have the right to determine the mode of payment at our sole discretion.
4.To ensure satisfaction of art pieces, the Artist will send you a rough sketch/design/concept (“draft”) of what you can expect. You will then approve this and the Artist will begin work.
5.You shall pay all applicable goods and services tax, duties or levies whatsoever at the rate which may from time to time be imposed or charged at any time by any government statutory or tax authority on or calculated by reference to the amount of the Artwork Fee, Service Fee and any other sums payable by you hereunder or to reimburse us for the payment of such taxes, duties or levies immediately on receipt of written notice from us.
6.The Artist will create the Artwork based on the approved draft. The Artist will provide digital photos of the Artwork produced for your approval.
7.If within 30 days of receiving your artwork you realize that you are unsatisfied with it, then you may return the undamaged artwork to the TCAN headquarters. TCAN will credit you the purchase amount minus a $500 restocking free.
8.We will only deliver the Artwork to you after you have approved the completed Artwork and paid to us all outstanding Fees.
9.All Artwork(s) will be delivered to you or your specified destination by courier through our designated logistics partners.
10.When the Artwork is shipped you will be provided a tracking number and delivery confirmation to the email provided in your Account and posted under your Account info. The estimated delivery dates are only estimates and TCAN will not be responsible for any delay in delivery. International delivery may also be subject to customs clearance procedures which can cause delays beyond original delivery estimates. Artworks for shipment internationally may be subject to taxes, customs duties and fees levied by the destination country. The Customer will be deemed as the importer of record in the destination country and will be responsible for all Import Fees.
11.Upon receiving the artwork the Customer will have all rights to the physical artwork. Customer grants TCAN a perpetual, non-exclusive, royalty-free license to display a copy of the Artwork on our Site, in advertising, and use of the image without limitations. The Artist will also retain the rights to use the artwork for display in any media in regards to their self-promotion as an Artist. Full details provided under “Copyright and Trademark Information” below.
12.You acknowledge that we have no control over the quality of the Artwork nor the ability of the Artist to deliver the Artwork that is considered satisfactory to the Customer.
Information for Artists
1. Selling of commissioned items from the Site is governed by the terms set forth in the TCAN Artist FAQ.
2. The Artist agrees to a freelance/contractor role and is not considered a full-time employee of The Commissioned Art Network or its affiliates.
3. Acknowledge that TCAN is a Commissioned Art coordination network and not a gallery. Your TCAN profile will include work samples, but we do not coordinate sales of your finished artwork samples.
4. Artist is responsible for all costs, fees, etc., in the preparation of art for TCAN Customers. This includes, but is not limited to, materials, work space, etc.
5. You are expected to accept any Commission sent to your account. If you do not believe you will be able to work on Commissions during a specific time you will be expected to “hide” your profile. You agree and acknowledge that your acceptance of the Commission shall be binding. The acceptance of the Commission shall be subject to the full payment of the Artwork Fee by the Customer to us. Any modification, variation or amendment to any Commission shall be subject to the Customer’s consent. Requests for any modification, variation or amendment to the Commission shall not be unreasonable. You shall create the Artwork based on the Commission request and other such instructions as you may be given by the Customer through the Site.
6. You agree to create an initial sketch/concept/design (“draft”) of the Artwork for the Customer’s approval upon accepting the Commission. All drafts shall be completed and sent to the Customer’s account within a reasonable period of time. You agree that all drafts shall comply with the Commission request or other instructions provided by the Customer which you have accepted. You agree that all drafts of the Artwork created by you will be done free-of-charge.
7. Upon completion of the Commission you shall provide digital photos of the Artwork produced for the Customer’s approval prior to delivery of the Artwork. All photos must show the whole Artwork clearly. You agree that the Artwork may only be delivered upon the Customer’s approval of the Artwork and final confirmation from TCAN.
8. The Artist will be responsible for getting the artwork to a courier and providing a tracking number to TCAN. It is recommended you have the courier pack the commission so the responsibility lies on them. You shall ensure that the Artwork is properly packed with commercial packaging suitable for shipping and that the Artwork is not modified, damaged, stained or changed in any way. No fingerprint should be visible on the Artwork or other defects apparent.
9. TCAN will reimburse the artist a flat price that is meant to cover shipping, packing and insurance fees. All shipped packages will be insured for the full value of the invoice.
10. The Artist will ship the artwork directly to the Customer.
11. Subject to the applicable law, you agree and acknowledge that upon receiving the artwork the Customer will have all rights to the physical artwork. TCAN will have perpetual, non-exclusive, royalty-free license to display a copy of the Artwork on our Site, in advertising, and use of the image without limitations. The Artist will also retain the rights to use the artwork for display in any media in regards to their self-promotion as an Artist. Full details provided under “Copyright and Trademark Information” below.
12. We pay 30-45 days after the client receives the artwork. Currently, money can be sent via PayPal or direct deposit, whichever is your preference. You agree that we have the right to determine the mode of payment at our sole discretion. We will gather this information after your application process.
13. The Artist will be responsible for providing TCAN with a 1099.
14. If we shall at any time be compelled by any applicable law to withhold or deduct any tax on your behalf from any amount payable to you hereunder, we shall, when making payment to you, make payment of such tax at the applicable rate to the appropriate tax
authority and shall promptly furnish to you written receipts from the appropriate tax authority certifying that such payments have been made.
15. You further agree that we shall have the right to deduct all or part of the Artwork Fee at our sole and absolute discretion in the event that the Artwork is not of satisfactory condition or if you fail to comply with the Terms herein in our sole opinion.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
Any Images uploaded to the TCAN website by the Artist, which were not created by commission through or as a result of TCAN, are considered owned by the Artist. TCAN has the worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to reproduce and prepare derivative works of the Images for use on the site.
Any Artwork created through the TCAN website or between the Artist and the Customer as a result of TCAN is granted to TCAN under worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to reproduce and prepare derivative works of the Images of any Artwork for the purpose of advertising and use of the Image without limitations.
To the extent that you do not own all rights in and to the Images or that TCAN’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold TCAN harmless from any claims or demands, including attorneys’ fees and costs, incurred by TCAN with respect thereto.
All images on the Site are either owned or licensed by TCAN and may not be reproduced or used in any manner without the express written permission of TCAN and, if appropriate, the relevant Artist. All physical artwork is owned solely by the individual Artists or the Purchasers of said art represented here and are subject to United States and International copyright laws.
TCAN and the TCAN logos are trademarks owned by TCAN and may not be used without prior written permission of TCAN.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by TCAN in its sole discretion, to a
third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the TCAN Privacy Statement.
These Terms shall be construed and its performance governed in accordance with the law of the State of Georgia, United States. Therefore, we are subject to the laws of the State of Georgia, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Georgia.