Terms of Service

Table of Contents

SERVICE GENERAL RULES

Please read the Terms of Services (ToS) 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 orders available service from the Author.

2. The Client finishes Payment for the service. A Receipt will then be issued. 

3. The Client will receive a confirmation email from the Author on the Service ordered and the Deadline within less than 24 hours.

4. The Author is to deliver the Service by making Artwork(s) according to the Receipt and the ToS. Service is considered to be completed when finished Artwork is delivered to the Client via an online Access URL that is accessible to the Client.

5. In case of a Commission that needs Revision after Serviced is completed (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. Any additional Revisions will incur a new process.

The Process of Additional Revision(s) generally goes as below:

1. The Client expresses to the Author in written media about their need for additional Revision(s)  

2. The Client will then receive from the author a URL and/or a QR code to a new Invoice for the additional Revisions(s)

3. The Client finishes payment for the Invoice(s). A Receipt(s) will then be issued. 

4. The Author is to deliver the Service according to the Receipt and the ToS. Service is considered to be completed when finished Artwork is delivered to the Client via an accessible online URL.

SERVICE-RELATED SERVICES AND ADDITIONAL TERMS

Revision. Revision is a 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 (ie. the initial Service is completed). Client's further requests such as another Revision will incur a new Revision service.

Access URL. Access URL is the online URL(s) providing online access to the Artwork. It is considered an accessible URL(s) when the Client can see and download at least the ToS, the Privacy Policy, and the Finished Artwork. The Author is obligated to have the URL(s) accessible to the Client for at least 3 months after the Service is completed.

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:

1. The Client personally requests it, and

2. The Total Amount of Payment exceeds 50 United States dollars.

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.

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. Public holidays of The Socialist Republic of Vietnam are also excluded from Business Days count. 

RIGHTS AND RESPONSIBILITIES

ARTWORK LICENSE, AUTHOR’S RIGHTS AND RESPONSIBILITIES

Artwork(s) created by Nananarc and the rights relating to them, including copyright and ownership rights in the Artwork(s), remain the sole and exclusive property of Nananarc. No other use of the Artwork(s) is granted without the Author’s express written consent. Artwork(s) 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 Receipt, the Invoice, and the ToS as much as possible. Finished Artwork will be stored online and only be delivered as digital .jpeg or .png 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 the ToS and the Privacy Policy and other Agreements to be accessible on the Access URL at least 3 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. 

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

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 legal age of 18.

Except as and to the extent expressly permitted, or as reasonably necessary to make any use of the Artwork permitted by these ToS, 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 ToS.

Except as and to the extent expressly permitted, or as reasonably necessary to make any use of the Artwork permitted by these ToS, 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 ToS.

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 ToS.

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/Commission/privacy-policy.

PAYMENTS AND FEES

The Payment for the Service(s) 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 Client 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 ToS at any time or from time to time. However, The Commission is bound by the latest version of the ToS at the time the Receipt is issued.

GENERAL TERMS

Governing Law. These ToS and all matters arising out of or relating to these ToS 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 Client. A Notice is effective only upon receipt by the receiving party.

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

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

Entire Agreement. These ToS constitute the sole and entire agreement of the parties to these ToS 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 ToS 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 ToS 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 ToS 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 ToS .