Upon the Buyer awarding a Custom Artwork Commission  to the Seller, and the Seller's acceptance on the Website, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Freelancer and any User.

PAYMENT TERMS

In order to initiate the contract, Client must provide a 50% deposit directly to eSculpture that will be held in escrow for Seller.  Once the commission is complete a 50% balance is required prior to shipment or installation of the goods or services. Once the goods or services are received in good condition. Payment of 100% is released to the Seller less a 15%  transaction fee paid to eSculpture for use of service.

The Client must provide account information for at least one valid Payment Method. Client hereby authorizes eSculpture to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment for Services, and to charge Client’s credit card (or any other Payment Method).  Credit cards and PayPal accounts and, if applicable, bank accounts in most countries will be charged by   Notwithstanding the foregoing, credit cards and PayPal accounts in Australia, Canada, the Eurozone, and the United Kingdom.

By providing Payment Method information through the Site, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law.  When Client authorizes a payment using a Payment Method via the Site, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.  To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.

SELLER AGREEMENT

Upon being awarded the contract the Seller agrees to complete the project in the estimated time frame quoted. Due to the customization nature of the project at our discretion the Seller will be allowed a reasonable extension for delivery of goods. During the creation process Seller must provide communication  to Buyer through the eSculpture messaging system. Additionally photos must be provided of the work in progress as well as the finished project. If requested by the Buyer or Seller a 3 way conference calls between, Buyer, Seller and an eSculpture representative can be requested.    

TERMINATION OF CONTRACT

The Buyer and Seller each have the right to terminate the Service Contract after providing any required notice to the other party.  If a Contract is terminated by the Buyer, The Buyer does not have the right to recover payments from the escrow account for the Engagement. The 50% deposit less a 7.5% eSculpture transaction fee will be paid to the seller.  If the Seller terminates the Service Contract, the buyer will be refunded any payments or escrow deposits.

CHARGEBACKS

A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request

COPYRIGHT

Artist reserves the common-law copyright to all works commissioned by the Buyer that are created by the Seller, including all reproduction rights and the right to claim statutory copyright. No work may be reproduced by Buyer without the prior approval of Seller. The Buyer has the right to display, sell, destroy the commissioned work.  

Contact Us if you have any questions regarding this agreement or need assistance in anyway