TERMS OF SERVICE
This document describes and specifies the relationship between the Artist, William Knies, and the Clients, please read it carefully before any inquiries and requests.
This document is a general description of Services and Terms, exact Terms can be differed upon commission after discussion.
By paying the nonrefundable refund, the Client confirms that the Client has read, confirmed and fully agreed on the Terms of Service from the Artist, William Knies.
I. REQUIRED CLIENT INFORMATION
For the Progression of the Commission, Information of the Client will be collected by the Artist before the starting of the commission during the Inquiry of the commission. The information will be saved by the Artist only when the Client is confirmed the starting of the commission. The collected information is for progressing of the commission only and is protected under the EU GDPR.
Email Address: Email contact (williamknies@gmail.com) is the official contact method for the artist and will be the only reference the artist takes throughout the commission. For progress tracing of the commission, quoting of previous contacts, will be performed by the Artist until the end of the commission, and is expected by the Artist from the Client.
Phone Number (Optional): The phone number will only be used to when there is a conflict in schedule, payment, or breach in the Terms of Service. The phone contact is only an informal notice to the client, official agreement and request will be sent through emails only.
Other Forms of Communication: Facetime, Discord, WeChat, WhatsApp etc., can be used before and during commission for inquires and discussions. The content on these communication methods is not going to be referenced as agreements with the Artist. Official inquiries and commission request are only accepted through emails.
Physical Address: For physical commissions, physical address of Client is collected for shipping of physical commission only. For digital commissions, physical address of Client is collected for payment security only.
Age: Clients is kindly requested to prove to be above the age of eighteen (18) upon requesting of the commission. When Client is under age of 18, a person of legal representative above age of 18 must be provided by the Client (parent/legal guardian/third party legal representative) throughout the commission request period, information of the legal representative will be collected for aside of the information of the Client. The legal representative is responsible for ensuring the no breach in the Terms of Service and is entitled to the responsibility of the payment when the Client is incapable of paying the commission.
Public Social Media Account: The Public Social Media Contact information, which includes but not limited to personal homepage, Instagram, Facebook, Tik Tok etc. will be saved by the Artist, and by starting of the Commission. By Confirmation of the commission, the Client granted the right to the Artist, that under legal circumstances, to request and collect personal information from these platforms.
II. PROJECT PRICE AND PAYMENT TERMS
The Artist is based in Utrecht the Netherlands. The official fiat currency in the Netherlands is EUROS. All prices of the commissions are offered in Euros and All Payments will be required to be paid in Euros.
The cost of commission is based upon the estimated working time, complexity of the commission, cost of material and final Copyright permission.
A nonrefundable deposit is required before the starting of the commission, fifty percent (50%) of the final selling price is taken as deposit of the commission. Payment in full is due upon the receipts of the final product. The Requested Copyright will be authorized by the Artist to the Client twenty-four (24) hours after the Confirmation of full payment.
The price offered by the Artist is the final price Expected by the Artist, the Client is entitled to pay All Fees generated from different payment methods.
The commission price quoted does not include an unlimited number of revisions. The Artist will work referencing the communications details between the Client and the Artist. The Client will be contacted throughout the whole commission for adjustments and comments, which will be noted and confirmed by Emails. When an agreement between the Client and the Artist cannot be reached during commission, the Artist has the right to end the commission, and will be recognized as Cancellation from the Client, detailed Terms referring to Part VII Cancellation.
The commission price includes TWO (2) rounds of adjustments, during which the Client will be offered stills and clips of the commission. The Artist will notify the Client with the appointments of the adjustment, the Client have up to TWELVE (12) hours to reply with their comments and request, the period can be extended upon discussion, without any reply in the time period is considered Satisfaction from the Client to the Artist and will be counted as one round of adjustment. After two rounds of adjustment the commission needed to be paid in full within SEVENTY-TWO (72) hours, further adjustments will be considered as NEW commission, which will be requested and commissioned with a NEW price offering.
III. COPYRIGHT
The Artist, William Knies, reserves the common-law Copyright to all his work. The Client only receives the requested limited Copyright twenty-four (24) hours after the Artist receives the commission payment in full.
The Copyright permission will be stated clearly on the invoice, which is also the proof of Copyright permission to the Client from the Artist. The right of editing, reproducing, repurposing, redesigning of the commission belongs to the Artist. The Client only has the right to share the work as a whole by agreed means. Any act such as but not limited to sharing the work in part, sharing the work on not permitted platforms, posting and editing screenshot of the work will be considered as Infringement and violation of Copyright. The Copyright permission is non-transferable.
For releasing of the Commission with Copyright in part or in full, can be discussed with the Artist before the project. Relative authorization will be authorized through a separate agreement (Copyright Release Form) and will be reflected on final invoice.
IV. CREDIT
Credit for the Artist must be included in the release as “William Knies” or “@worldwidewilly” with a link to the personal homepage “williamknies.com” or Instagram page “worldwidewilly”. Releasing of Commission without Credit will be considered as Infringement and violation of Copyright.
For releasing of the Commission with Credit in part or in full, can be discussed with the Artist before the project. Relative authorization will be a stated on the Copyright Release Form and will be reflected on final invoice.
V. PRODUCTION SCHEDULE AND DEADLINE
Digitals
The Client will be informed with an estimated timeframe before starting of the commission.
The timeframe is not legal binding, the Artist will inform the Client with expected delays with reasons. The Client is not entitled to compensation if the commission is delayed.
The arrival of non-refundable deposit will be the starting of the time frame.
The Client will be contacted during production for comment and adjustment, the Client will be expected to reply within Twelve hours. The Artist is not responsible for delay due to non-reactive or negligence of Clients.
Project timeframe is project bonding, any alteration or deviation of specifications from the project needed to be New Commissioned. The previous commission will be Terminated and will be considered as Cancellation from Client.
Physical Commission
The following Terms only applies when Client requested an Extra Physical Form of the commission. And will be applied after the timeframe of digital commissions.
The Client will be informed with an estimated date for shipping out of the commission. The commission will be insured and tracked. The Artist is not responsible for any transportation delays. The Client will be informed if there is a delay from the Artist on shipping out of the item. The Client is not entitled to compensation if such event occurs.
Delay of Force Majeure
The commission will be delayed for unforeseen reasons such as but not limited to disease, natural disaster, technical malfunction and factors beyond the control of the Artist. If such event occurs, the Artist is entitled to extend the completion/delivery date, by the time equivalent to the period of such delay. The Client is not entitled to compensation if such event occurs.
VI. PROOFING OF FINAL PROJECT
The Artist shall make every effort to ensure the orthography of the commission but is not liable when mistakes occurs. The Client should control the orthography before releasing of the commission and during the two rounds of adjustments in production. The commission will be final produced after agreement from both Client and the Artist. The Artist is not liable for the financial or imagery loss of the Client after release.
VII. CANCELLATION
In the event of Cancellation from the Client, the project will be stopped immediately with no recall right, and the Client will not be granted any Copyright of the processed content. Depending on the proceeding of the Timeframe, the Client will be surcharge a production fee, canceling before the first adjustment of the commission, the Client is liable to pay eighty-five percent (85%) of the total commission fee; cancelation after the first adjustment of the commission, the Client is entitled to pay the commission in Full.
VIII. CLAIMS
Claims for physical commissions
All physical commission will be securely packed for insured and tracked delivery; the Client will be informed if the package is shipped with separate containers. The Client should control the packaging upon arrival of the package and reject if the packing is broken. For signed received package, the Client has up to forty-eight (48) hours to claim defects, damage or shortage of the commission with picture proof through email.
IX. CONFIDENTIALITY
All information of the Client and the project will be protected under EU GDPR and will only be accessed by Artist for purpose of the commission. The Client should ensure the information and data provided does not violate any law from country of origin or law of the EU.