Terms of Service

Table of Contents

Version February 2024

SERVICE GENERAL RULES

Please read the Terms of Services and Privacy Policy carefully before commissioning Nananarc. By requesting a commission from Nananarc, the Client agrees to be bound by Terms of Services and Privacy Policy. 

For purposes of this Terms of Service, “Author” and "Commissioner" refers to Nananarc, an independent artist which provides Service of rendering artistic traditional and digital 2D artwork. “Service” and "Commission" refers to the Nananarc’s service of rendering artistic traditional and digital 2D artwork. “Artwork” refers to the artistic traditional and digital 2D artworks rendered according to the agreement. “Client” refers to the user of Nananarc’s service.

PROCESS OF COMMISSION

The Process of Art Service generally goes as below:

1. The Client fills out Nananarc’s Request for Commission Google Form available via this website: https://docs.google.com/forms/d/e/1FAIpQLScuDXI2Y79psTG90R1qNQ5qcN7RaJqmnLZYDPCDduSVQ5WH5g/viewform?usp=sharing. 

2. The Author reviews the submitted form and sends the Client an invoice for payment and a written result of the review with details including but not limited to acceptance or denial of a request for commission, the Author’s commission Terms of Service, Total Amount of Payment, and Deadline.

3. Total Amount of Payment is made by the Client according to the Terms and the Agreements (Please refer to the PAYMENT AND FEES section of the Terms and other agreements between both parties). Service starts from the moment payment is received by the Author. By fulfilling the Total Amount of Payment, both the Author and the Client are bound by these Terms and the Commission is considered to be in service.

4. The Author is to deliver the Service according to the Terms and the Agreements. Service is considered to be completed when finished Artwork is delivered to the Client via online access link.

5. In case of a Commission that requires the Client to pay a Deposit (Please refer to the PAYMENT AND FEES section of the Terms and other agreements between both parties), the Author will provide proof of Artwork completion without delivering an online access link of finished Artwork. The Client is obliged to pay the remaining balance to receive the online access link containing the finished Artwork. Service is considered to be completed when finished Artwork is delivered to the Client via online access link.

6. In case of a Commission that needs Revision (please refer to the Revision term below in section Service-related Services and Additional Terms), Author will offer one free Revision to the Artwork according to Client's request. 

7. In case of additional Revision that is more than the one free Revision offered, a new Revision service is incurred. The Process of Revision is the same as The Process of Art Service.

SERVICE-RELATED SERVICES AND ADDITIONAL TERMS

Revision. Revision is a small modification of the Artwork as per requested by the Client. The Author offers one free Revision as an After-service after the Artwork is delivered. Client's further requests such as another Revision will incur a new Revision service.

Access Link. The availability of online access links to the Artwork for 6 months as an after-service. 

Work-in-progress Artwork. Work-in-progress Artwork is an unfinished version of the Artwork. Under normal circumstances, Work-in-progress Artwork can only be given when two criteria are met:

However, in Termination and Cancellation dispute, Work-in-progress Artwork may be provided by the Author only if the Termination of the Service is from the Author.

In case more than one entity is commissioning Nananarc’s service, commission priority is on a First Come First Serve basis.

Deadline. The agreed-upon duration of the commission, also called the Deadline, may be affected by unforeseeable factors. If a delay is incurred, the Deadline will be extended to a period of 72 hours which is called the Extended Deadline Period. If no contacts from the Author are made during this Extended Deadline Period, the Author is obliged to make a Full Refund to the Client with or without the finished Artwork.

Business Days. Weekdays from Monday to Friday are considered to be the standard Business Days during which The Author works. Hence, weekends, .ie Saturdays and Sundays, will not be counted towards the Deadline. 

RIGHTS AND RESPONSIBILITIES

ARTWORK LICENSE, AUTHOR’S RIGHTS AND RESPONSIBILITIES

Artwork created by Nananarc and the rights relating to them, including copyright and ownership rights in the Artwork, remain the sole and exclusive property of Nananarc. No other use of the Artwork is granted without the Author’s express written consent. Artwork created by Nananarc is licensed under Attribution-NonCommercial-NoDerivatives 4.0 International or CC BY-NC-ND 4.0 for short. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-nd/4.0/ .

The author is obliged to deliver service as faithfully to the Terms and the Agreements as possible. Finished Artwork will be stored and only be delivered as digital .jpeg files under at least 144dpi (dots per inch) resolution unless stated otherwise by the Author. The Author is bound to have the finished Artwork as well as other related documents including but not limited to Privacy Policy and other agreements to be available on cloud drive service for the Client's access at least 6 months after the service is completed.

Work In Progress Artworks and finished Artwork will be published under Nananarc’s signature and on Nananarc’s channels, with or without the Client's consent. 

CLIENT'S RIGHTS AND RESPONSIBILITIES

The Client hereby represents that:

− The content of the Artwork to be commissioned is not abusive, obscene, threatening, harassing, defamatory, unlawful, hateful, or otherwise objectionable in relation to the subject matter covered by Nananarc.

− The content of the Artwork to be commissioned does not violate the privacy or publicity rights of any third party.

− The content of the Artwork to be commissioned does not violate the intellectual property rights of any third party, including copyrights, trademarks, patents, and trade secrets.

− That the Client is over the age of 18, or has the approval of a parent or legal guardian to submit a commission request to Nananarc according to these Terms.

Except as and to the extent expressly permitted, or as reasonably necessary to make any use of the Artwork permitted by these Terms, the Client is not permitted to modify, correct, adapt, or prepare derivative works or improvements of the Artwork without proper attribution and in accordance with this agreement.

Except as and to the extent expressly permitted, or as reasonably necessary to make any use of the Artwork permitted by these Terms, the Client is not permitted to use, promote, display, reproduce, and distribute Artwork for commercial purposes, including, without limiting the foregoing, to reproducing Artwork, manufacturing and selling paper and digital prints and other products incorporating the Artwork (including derivative products) without proper attribution and in accordance with this agreement.

The Client hereby agrees to identify, defend and hold harmless Nananarc from and against any and all losses incurred in connection with any claims by a third party arising out of or relating to the Client’s breach of these Terms.

PRIVACY POLICY

Please read Privacy Policy carefully before commissioning Nananarc. By using Nananarc’s Service, the Client has agreed to the collection and use of information in relation to this policy. To view a copy of it, visit this website: https://www.nananarc.art/faqs/privacy .

PAYMENTS AND FEES

Total Amount of Payment is the full price of the Commission in which the Client is obliged to pay for the Service to incur.

For a Commission that has a Total Amount of Payment of 0 United States dollars to 400 United States dollars, the Total Amount of Payment is to be paid by the Client for the Commission to be considered in service.

For a Commission that has a Total Amount of Payment that exceeds 400 United States dollars, The Deposit is to be paid by the Client for the commission to be considered in service. The Deposit is half the Total Amount of Payment. The Remaining Balance is the amount that the Client owes The Author. The Remaining Balance is to be paid by the Client for the Artwork to be delivered to the Client when the Artwork is finished.

Total Amount of Payment and Deposit is only accepted through PayPal online payment method by PayPal Holdings, Inc. The Client will bear any additional fees incurred in the payment transaction process.

TERMINATION AND REFUND

The Client may initiate termination of the relationship with Nananarc at any point during the Process of the Commission. In this case, Author may provide the Client with Work In Progress Artwork. However, no Refund will be made unless stated otherwise by the Author.

The Author may initiate termination of the relationship with the Commissioner at any point during the Process of the commission. In this case, the Author will provide the Client with Work In Progress Artwork and a Full Refund.

If a delay is incurred, the Deadline will be extended to a period of 72 hours which is called the Extended Deadline Period. If no contact from the Author is made during this Extended Deadline Period, the Author is obliged to make a Full Refund to the Client with or without the finished Artwork.

OTHER

MODIFICATION OF THESE TERMS

Nananarc reserves the right to amend or modify these Terms at any time or from time to time. However, The Commission is bound by the latest version of the Terms at the time the Total Amount of Payment or the Deposit is received by the Author.

GENERAL TERMS

Governing Law. These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of The Socialist Republic of Vietnam without giving effect to any choice or conflict of law provision or rule (whether of The Socialist Republic of Vietnam or any other jurisdiction).

Notices. All notices, and other communications hereunder shall be in writing and addressed to the parties at the most recent email provided by Commissioner. A Notice is effective only upon receipt by the receiving party.

Headings. The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.

Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement. These Terms constitute the sole and entire agreement of the parties to these Terms with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall be construed as a waiver of any failure, breach or default not expressly identified by such written waiver. No failure to exercise, or delay in exercising, or any single or partial exercise of any right, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof.

Assignment. Neither party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the assigning or delegating party of any of its obligations hereunder.

Successors and Assigns. These Terms shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and assigns.

No Third-party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.