Terms of Service

The following Terms of Service apply to every Client using LaolanArt’s services.

Eligibility

By using LaolanArt’s services, the Client warrants that:

  • They are at least 18 years old.
  • They can enter a legally binding contract.
  • They will not communicate in a way that is unlawful, obscene, hateful, or harmful to LaolanArt or any other individuals.
  • They will not infringe LaolanArt’s or any third party’s copyright, intellectual property or any other proprietary rights.
  • They are not seeking LaolanArt’s services to illustrate, promote, sell or endorse any works generated via an automated software process that utilises artificial intelligence and/or machine learning (AI-generated content). 
Artist’s Assertion

LaolanArt warrants the Client that:

  • The Artwork is entirely unique and original
  • No AI-generated imagery or technology has been used in the process of creating the Artwork.
  • The Client’s use of the Artwork will not infringe on or violate any third party’s rights or require the Client to make any payment to a third party for the use of the Artwork.
  • LaolanArt will provide the Services in a professional and timely manner to the best of LaolanArt’s skill and ability, understanding that the Client will always have the final decision in connection with the creative direction of the Artwork.
  • All materials provided by the Client (such as manuscripts, personal information, or photographs) will not be shared publicly without written consent. When hiring formatting services, a maximum of two paragraphs of a manuscript could be used in a portfolio piece. 
 
Communication and Conduct
The client agrees to: 
  • Provide LaolanArt with any client materials or other information, resources and assistance reasonably necessary to enable LaolanArt to deliver the Artwork in accordance with the Commission Agreement. 
  • Respond to communications and requests for information from LaolanArt as soon as reasonably practicable and in any event, unless otherwise agreed with LaolanArt, within 72 hours from such request. 
  • Use reasonable efforts to notify LaolanArt as soon as reasonably practicable of any possible circumstances which might prevent or delay fulfilment of these obligations.
 
LaolanArt agrees to:
  • Provide the Client with reasonable updates as to the progress of the services performed under the Commission Agreement;
  • Respond to communications and requests for information from the Client as soon as reasonably practicable and in any event, unless otherwise agreed with the Client, within 48 hours from such request.
  • Notify the Client as soon as reasonably practicable of any possible circumstances which might hinder or delay the performance of the Services in accordance with the Commission Agreement, including any delays to the timetable.
Copyright

LaolanArt acknowledges that the Artwork has been specially commissioned by the Client. LaolanArt hereby sells, assigns, and transfers to the Client the sole and exclusive license to produce, publish, and/or sell the Artwork for the duration of the legal copyright term, including any extensions, renewals, or revivals worldwide.
The Client may use the Artwork for Promotional Materials for Print & Digital, Printed Poster, Website, and Client Social Media for an unlimited time. LaolanArt shall retain copyright of the Artwork.

The Client agrees not to use any traditional or AI tools to alter the Artwork. LaolanArt has the right to use the Artwork for self-promotional purposes. 

LaolanArt agrees not to sell or resell the Artwork in book format or any other media.

 
Deposit & Payment

LaolanArt requires a 40% deposit in order to secure a commission slot. The remaining 60% shall be paid at the end of the process, once the final Artwork is approved. 

The deposit will be refunded only if the slot is cancelled at least 15 days before the start date. If the Client wishes to keep their slot but can’t make it to the agreed date, the slot can be rescheduled at no extra charge.

The fees will be paid by Bank transfer/Wise transfer, or card payment, through links provided to the Client by LaolanArt.

The fees will be paid in pounds sterling/GBP. The amount paid will be calculated at the conversion rate on the day of the funds.

 
Delivery

After all fees have been paid, unless agreed otherwise with the Client, LaolanArt will send the final deliverables to the Client within 48h. Final files will be sent using WeTransfer or email. 

 
Refunds & Cancellations

In the event that the Client cancels the project for any reason, they shall compensate LaolanArt with a cancellation fee, to be determined and proportionate to the level of completion. The Client relinquishes all rights to any Artwork cancelled in this manner.
If LaolanArt fails to deliver or complete the Artwork without any fault on the part of the Client, LaolanArt commits to providing a full refund to the Client.

LaolanArt reserves the right to refuse a commission application or cancel an accepted commission for any reason. 

 
Credit

If LaolanArt provides the services in accordance with this Agreement and the
Artwork is used in the final published version of the Book, then LaolanArt will be credited as follows: My Lan Khuc (LaolanArt)
LaolanArt’s name will appear on the copyright page.

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