CLIENT TERMS & CONDITIONS
Please read the contents of this page/document before commissioning from Joseph Perry and/or Joey Perry Arts. These are the official terms for copyright, conduct, revisions, rates, and liabilities both on behalf of JPA, and the client.
1.) Overview a.) The terms and conditions stated herein shall apply with respect to the provision of any creative services by Joseph Perry (Joey Perry Arts©) as requested by the individual or entity (“Customer”), in conjunction with any applicable contract agreement. By agreeing to the Terms, you represent that you are capable of entering into a legally binding agreement on behalf of yourself and others in your residence/organization who may use the Services. This Agreement becomes binding when you accept this Agreement. You accept this agreement and Joey Perry’s terms and charges when you use or pay for the Services, or notify us through written or electronic means that you accept the Agreement. If there is any conflict between the terms herein and the terms on file online, the terms on file at JoeyPerryArts.com/Terms take precedence over the terms herein.
2.) Scope of Service a.) The service(s) are solely and exclusively for the use of the customer and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of this Agreement. b.) In the event that suspected illegal activity is taking place, Joey Perry reserves the right to refuse service, to maintain the positive public image of the clientele base of JoeyPerryArts. c.) Joey Perry reserves the right to refuse creative services to individuals, entities, and/or causes and projects that go against ethical and moral codes of JP, and the business both personally, and professionally.
3.) Intellectual Property & Copyrights a.) Once received, the original art piece (in custom artwork commissions) is the property of the buyer; however, Joey Perry reserves the right to use photographs and/or snapshots of the art taken during or after creation for promotional purposes on www.JoeyPerryArts.com, and the JoeyPerryArts Social Media Channels. b.) ALL artwork created by Joey Perry (Digital, Print, and Freehand) is subject to being posted online, and/or being included in a personal portfolio for future clients and employers to see. This potentially includes an online, PDF, and print portfolio. If the content of your commission is private and non-shareable, this is to be mentioned when inquiring. c.) Any reference photographs sent for utilization in custom art or design services, are the sole responsibility of the sender to ensure that they are legally clear to use those images. Joey Perry is not responsible, or liable for copyright disputes between customers and photographers, competing designers, and/or anyone else that the customer receives the images from. d.) Any attempt(s) to steal, reproduce, claim, or make profits from original artwork without express written consent beforehand, are infringement under the U.S. Federal Copyright Act of 1976 and will be enforced. I will first politely ask that the content be taken down, or for the individual(s) to give proper credit. Appropriate amounts of compensation may be requested in this scenario as well, if there is profit being made. Failure to comply will result in legal action, including potential litigation if needed. e.) The logo, advertising content/imagery, and brand image of JoeyPerryArts belongs solely to Joseph Perry, and may not be used to create profit in any form without prior consent in written form. Permission must be granted for the Joey Perry logo mark to be printed onto apparel, or used in a manner that is intended for profit.
4.) Client Code of Conduct a.) Joey Perry reserves the right to refuse creative services to anyone, for any reason. Joseph Perry does not have to, and will not tolerate verbal abuse, profanity, or belittlement from customers. I only work with clients who value and respect my time, resources, and services. b.) Confrontational, profane, and/or abusive language directed at JoeyPerryArts.com, or the JoeyPerryArts social media channels towards JP, or anyone else will not be tolerated. Such comments may be hidden, deleted, and possibly reported, for the benefit of other users on the page. c.) Repeated verbal abuse on the JoeyPerryArts social media towards the page, or other followers can result in being banned/blocked. d.) While I appreciate positive reviews and customer experience stories, I respectfully ask that customers do not belittle, or put down competing artists, designers, and agencies unnecessarily. I desire to maintain a professional relationship with competitors, to promote a more positive image of Joey Perry Arts. I also ask this, to stay on good terms, for potential collaboration opportunities in the future, to improve the success of the business.
5.) Returns & Revisions a.) In a hand-sketched artwork commission, there are no returns. To ensure customer satisfaction, I sketch the outlines, contact the client, and send a picture of the concept for them to either approve, or disapprove of before I begin the bulk of the project. This is to ensure your satisfaction with the idea and execution plan, before I invest major amounts of time into the project. THIS is the time to tell me you would like something changed, and express concerns. After this step has been crossed, returns are off the table. b.) For graphic design projects, I will revise in the conceptual period however many times is needed, to ensure your satisfaction, within reason. If multiple revisions are requested (3-5 times or more), additional charges may apply. This is determined on a case-by-case basis, according to the projected hours required to complete the revisions. c.) Once a graphic design concept has a final approval from a client, revisions are very minimal at this point. Aside from production fixes and changes where applicable, very little is actually changed at this point in a project. Communicate any concerns you have with the concept(s) in the beginning stage of the project, before giving the final approval to move forward. This expedites the process, and makes it more efficient for both sides. d.) In projects that are produced commercially, it is the client’s responsibility to ensure that all information is accurate, spelled correctly, and presented to Joey Perry in the manner that it was intended to be used, for upmost accuracy.
6.) Rates & Charges a.) Freelance project prices are quoted based on the estimated number of hours and materials required for the project. As a general rule, my hourly rate is $100 USD, with a one-hour minimum. The starting rate for most basic projects are at least $100.00 USD, unless they go over a reasonable amount of work time, as discussed with the client. b.) Additional materials or assets that need to be licensed and/or bought for utilization in the project influences pricing as well. This includes but is not limited to: stock photography, royalties for individual photographers, templates, video content, photography shoots, and other outside content that is needed to complete the project. c.) Negotiation is possible on the project price, according to the market value of a given job. This market value is researched based on other professionals at my level, in the industry. d.) Joey Perry reserves the right to price each job according to market value, time investment, and other criteria, on a case-by-case basis. A price negotiation may be rejected by JP, if it does not match the value of the services being quoted. e.) The capital, financial stability, and reputation of a client or client’s organization can and will be discussed, and considered when quoting prices of projects in a corporate enterprise setting. This information is used to asses the projected value of the end product, to ensure a fair negotiation for both entities. f.) All applicable federal, state, and local taxes are the responsibility of the consumer to pay, along with the cost of the creative services.
7.) Limitation of Liabilities a.) Joey Perry/JPA are not responsible for any damages incurred during transit via mail of creative artworks, and other products produced for clients. What happens in transit is out of my control, and the complete liability of the respective shipping company. If you would like to insure your package, there are charges for this with most companies. b.) Creative assets are not send out to the client until full payment is received, no exceptions. Commissioned art is not taken to the post office for shipping until paid in full.
8.) Miscellaneous a.) To contact Joey Perry, email JoeyPerryArts@Gmail.com, or request a phone number if you would prefer a call. b.) I personally read and respond to emails, social media messages, texts, calls, and other inquiries as soon as possible. Please allow 1-2 days for a response most of the time, during a normal work-week. This time period may fluctuate based on demand, workload, college class schedules, prior commitments, work schedules, family time, vacations, and holidays. c.) For motion graphics, video projects, t-shirt designs, advertising, and all other forms of graphic design services for an established brand: to animate your logo or message, a ‘working file’ is needed. AI, PDF, EPS, or SVG files preferred.