PET PAWTRAITS ONLINE

Terms and Conditions

Terms and Conditions of Membership

In this document 'we' or 'us' refers to Pet Pawtraits Online, but we may also be referred to as 'the Company' or 'the Business'. The customer is referred to as 'they' or 'them' but also may be referred to as the 'Client'.
'you' refers to yourself as the artist but you may also be referred to as the 'Artist'. 'Artwork(s)' and 'Original Artwork(s)' refers to finished physical Artwork(s)means all material created and furnished by the Artist in either 2D, 3D or digital media.
  • This document set out the terms and conditions of completing commissions through Pet Pawtraits Online and serves as a contract between you and the Company. By signing this contract you agree to abide by the terms and conditions as set out in this document.
  • This contract between you the Artist and Pet Pawtraits Online is designed to protect your rights and the rights of potential customers in the event of any dispute. It also protects the interest of the business and is considered a legal and binding agreement of conduct.
  • A separate contract will be issued to the customer on the commencement of a commission to which outlines their rights and protects the rights of you the Artist.
  • The commission system is simple: Customers can choose to put in requests for specific artists via their listing or they can fill in a brief submission and we will match them with a suitable artist.
  • The signing of this contract determines that you agree to work towards the completion of an commissioned artwork as per the specifications in the customer brief and in accordance with the terms and conditions of this document.
  • We agree to ensure a smooth and simple process for the Client to provide necessary information and reference photographs for you to work with.
  • We will communicate every step of the way with the Client to ensure they are kept up to speed with your progress and complete the necessary administrative work that goes with a commission. All you, the Artist, need do is make the art in a professional and timely manner and be paid appropriately for it.
  • If a customer puts in a direct commission request for you or we match you with a commission brief we will let you know immediately so you can choose whether to take on the commission or not.
  • We allow all Artists to set their own deadlines and will never guarantee any turnaround time to a customer without consulting you first. In accordance with this we ask that once you have agreed a deadline and we have informed the customer that you ensure the artwork is complete before the deadline is reached.  I.E. If you say you can complete work within 7 days we expect you to be ready to send an image of the completed work to the customer within 7 days and no longer.
  • Artists must not retain the photographs supplied by clients as reference photos or show them in any capacity in their portfolios or on social media. We can request consent for you to use them if necessary but generally reference photographs are considered personal property of our clients; they should be erased from your computers or devices and any physical copies should be destroyed following completion of the artwork.
  • We encourage artists to sign their artworks. You can choose to do so on either the front or the back of the finished artwork but we respectfully asked to keep the size of your signature within a reasonable area of no larger than 6cm long and 2cm high.
  • Customers may request process shots of the work in progress. We want customers to feel included in the process but respect the creative intuition and integrity of you the artist. Therefore, if a customer makes a request we will ask you to honour it and take a picture for the customer to see. We won't however, allow the customer to suggest changes while the work is still in progress as we feel it is up to you to create the work not the customer.
It is easy to confuse copyright with intellectual property rights because the two concepts both revolve around ownership; they are in fact quite different however.
In UK law the person who creates something automatically owns the Intellectual Property Rights.
The person who purchases the physical artwork can claim the copyright. They are in effect buying a licence which gives them the sole right to own, use or reproduce the artwork that you have made as they see fit.
E.G. Sam creates a painting of Mrs Smith's dog. Sam can always claim the creation of the painting as their intellectual property because the painting is an original and unique item that Sam created.
Mrs Smith paid for the artwork Sam has made so she now owns the painting. As the owner of the painting she has bought the right to make copies of this artwork. She decided to give photographs of the painting to her friends and uses it on her website to promote her pet sitting business . However, because Sam made the artwork Mrs Smith cannot claim she painted it herself and must acknowledge that Sam is the Artist to her friends and to her online customers.
In the contract signed by the customer there is a clause that states that the Artist retains full intellectual property rights and should always be credited for the work. It also states that the artist and Pet Pawtraits Online is allowed to use images of the commissioned artwork to be displayed as part of any physical or online portfolios.
The contract also assigns the copyright to the Client in perpituity. This means that you, the Artist and we the Company agree not reproduce or use images of the finished work for any commercial use unless with prior consent of the customer.
E.G. This means that the very personal commissioned image of Mrs Smith's dog won't end up on T-shirts in our online shops or reproduced as prints for artists to sell without her expressed permission. It may be used on social media though to promote the business and the artist who created it.
Pet Pawtraits Online will never use your images without permission. We may, from time to time, see a piece of your art that we particularly like and request permission to use it on various parts of the site. We will never use, reproduce or copy your images for any purpose other than that which we have requested and been granted permission by you, the artist and creator.
We categorically claim no rights over the individual creation of any artwork. Artists who join Pet Pawtraits Online retain full intellectual rights to their own work in accordance with UK law. A disclaimer to this effect will be added to the listing of each artists.
  • You agree as part of this contract not to send any personal leaflets, stickers or marketing material with their outgoing commissions via Pet Pawrtraits Online to promote their own studio work.
  • You must include appropriate postage and marketing information as provided by Pet Pawtraits Online with outgoing commissions.
  • All Artists are asked to link back to Pet Pawtraits Online any commission images that they may display on their own social media platforms.
  • All artists are asked to share Pet Pawtraits Online on their own social media channels to help promote the business. This is not mandatory but we consider it to be an action in the best interest of our artists to help the business gain visibility and attract potential customers.
  • You must complete all the information in the profile section. Most sections are required and you cannot complete your profile without them. The more information and input you provide the more likely you will be to gain commissions.
  • Incomplete profiles will not be featured in the directory.
  • You must upload at least 1 photograph to be featured in the Artist Directory.
  • Free members can upload up to 5 images to be part of their listing, Advanced Members can upload up to 15 and Professional Members can upload up to 30.
  • Images uploaded to your profile may be watermarked by us with the artists display name (first initial(s) and last name) and the Pet Pawtraits Online logo on the public site.
  • In addition to this, images that clearly show identification tags such as an artist signature, logo or watermarks will not be allowed. If you cannot or have not removed them before uploading to the site, where possible, we will carefully and sensitively retouch your photos to make them suitable for listing. This will be done in such a way that you will not be able to tell that something has been altered in the image. If this is not possible then we will request you upload images that have no identification tags visible on them.
       Identification tag removal is a policy we have in place to ensure security, equality and fairness all the artists we represent:
    1. We want to protect your images from being claimed or used by anyone else online.
    2. We want all our artists to have a fair chance of being commissioned. Artists who are identifiable by signature may have an unfair advantage of popularity over another equally worthy artist when a customer browses our listings.
    3. Our aim is always to protect you the Artist and ensure you are paid the correct fees for your work. We remove signatures to prevent potential customers attempting to avoid paying money upfront or haggling unreasonable cheaper rates for your work by searching for you off site.
  • We may also make minor adjustments your photographs where necessary to make them suitable for listing. These adjustments may include but is not limited to: the removal of blemishes and edge marks, re-alignment and/or cropping of the image to remove background objects or scenery.
  • You must not upload any artwork that was not made by you and/or does not belong to you. All work displayed on your profile must be original work by you, the Artist.
  • If you decide to create artworks specifically to bolster your portfolio on Pet Pawtraits Online you must not use copyrighted media to do so. Stock images are acceptable if creating artworks as example pieces but it is advised to use your own photographs for reference.
  • Photographs of artwork should be of a good quality with minimal prior editing. If we deem photographs to not be of a high enough quality we will notify you and you will need to upload better ones or have fewer photos on display.
  • You decide what you would like to get paid. We will ensure you get paid exactly what you ask for. I.E. If you say the cost of a painting is £500 we will make sure you are paid £500!
  • We will never dictate what your prices should be. However, pricing your work can be quite a daunting task and so guidance on pricing is available on the website.
  • On occasions a customer may request an artwork to be made for slightly less than the price stated by the Artist. We may offer the client a discount which would be based on a reduction in administration fees. Will never negotiate or agree a lower price that you have set for your work without your prior knowledge and consent.
  • As a general rule Pet Pawtraits Online considers anything more than 20% lower than the asking price to be unreasonable and the customers commission request will automatically be rejected. If the customer makes an offer within the 20% margin the Artist requested will be notified and can make the decision whether to take on the commission or not. We will never try to persuade the Artist to take on work at a lower rate as we believe it is the fundamental right of the Artist to choose what they get paid for their work.
  • Customers will be asked to pay a deposit before the work begins. Once the deposit has been received there is a 'grace period' of 48 hours in which customer may cancel. The grace period only applies to artworks that have a deadline past 7 days. If the customer chooses to cancel within the grace period of 48 hours we will issue them a partial refund.
  • If the artwork is to be completed within 7 days we consider this an immediate commission and ask for full payment upfront. We offer no cancellation right for works commissioned to be completed immediately and the customer will not receive a refund if they do choose to cancel.
  • In the case of cancellations where the customer has simply changed their mind, you, the artist, will always be offered a compensation fee whether you have completed any work or not. It is up to you whether you wish to begin working on the commission in the 48 hour grace period but we recommend that you do a minimal amount unless it is essential to the completion of the work.
  • In some cases a customer may request a rough sketch. Sketches are intended to give a rough idea of the finished composition and it is highly recommended that the Artist spends no longer than an hour completing them. Some customers may decide they don't want to go ahead with the artwork after receiving a sketch but the majority of them will want it to be made.
  • In either case you will be paid £10 per sketch. This will be paid to you within 24 hours of the sketch being completed and issued to the customer.
  • You will be responsible for posting artworks to the customer. We will provide you with appropriate shipping labels if shipping within the EU or the UK. In some cases we will organise a door-to-door courier for larger works.
  • You will need to tell us as accurately as possible how much the item weighs before we can issue a postage label or arrange a courier. Guidance on postage and packing is available on the members area of the website.
  • Payment for completed commissions will be made to the artist as soon as we receive confirmation from the customer that the artwork has been received in good condition. We will ask them to confirm they are happy with it in writing and have no complaints with the condition and quality of the work. In most cases we anticipate customers to sign-off delivery right away and for payment to be made to the artist within 7 days from when we receive approval.
  • If the customer neglects to respond we will try to chase them for approval. If we are unsuccessful we will have to wait the full 30 days before payment for the commission can be paid out. This covers the legal dispute factor period in which a customer is entitled to raise a complaint and receive a refund if the physical artwork is damaged or defective. It is important that the artist makes allowances for this 'dispute factor period' as we accept no liability for the artist's financial situation due to payments being withheld within this 30 days.
  • In rare cases a customer may be unhappy with the outcome of the work E.G. the likeness of the subject (s) or specific details of the composition. In these circumstances, we will work to protect our artists integrity. We will never accept initial demands for refunds but will allow the customer to request reasonable changes to the work (E.G. rework features to improve likeness).
  • We will never allow requests to completely redo the work or change the reference photo after the work has been completed unless the client is willing to pay the full amount again. In some circumstances the full amount for a rework may be negotiated but we would only offer a discount based on the rate of administration charges, not on the price set by you the artist. If a customer requests a further discount it is our policy to decline if the artist is not in agreement.
  • If a customer still is unsatisfied with the outcome after reasonable changes have been made and we feel they are not being reasonable we will not offer a refund.
  • In certain circumstances however, we may offer a partial refund, if we are in agreement with the customer and with the artist that the work cannot be remedied. In this case the artist will be paid a rate of compensation for their work.
  • If issues arise with the physical artwork before it is posted to the customer, no matter how big or small, you must inform us immediately. This is so we can inform the customer, show and explain the damage to them and see if they are still happy to receive the artwork. For example:  If the process of packaging damages the artwork or you experience unexpected issues with the artwork's surface such as a canvas that has buckled.
  •  If issues arise and you do not report them to us the customer is within their legal rights to reject the artwork within 30 days of the item being received. If this happens, legally they can obtain a full refund. To protect the rights of all involved in the commission process (the Artist, the Company and the customer) we retain the right to withhold all funds paid to us for an artwork for a 30 day period unless the customer gives written approval of safe and satisfactory delivery and receipt of the artwork.
  • If the artwork is significantly damaged by the postal service or courier and the customer rejects it, we may be legally obliged to issue the customer a refund and pursue a compensation claim with the company delivery was entrusted to. In these circumstances we will not be able to issue payment for the artwork until the claim has been processed.
  • We retain the right to refuse service to members if we feel they are being dishonest about the authorship of artworks that they have uploaded to their profiles. If we feel a breach of contract has been made and images have been obtained and/or used in a fraudulent manner we may suspend and investigate or outright cancel memberships and delete fraudulent accounts.
  • We also retain the right to refuse service or cancel membership to anyone who displays inappropriate, damaging or abusive behaviour towards the company, on the website, on social media and/or in any other form of communications made digitally or verbally.
  • Memberships will be immediately terminated if we discover a breach in contract such as the inclusion of personal marketing material in outgoing commission packages or any other attempts to steer business away from the website for personal gains. We accept that in some circumstances customers may seek you out directly of their own volition to do business with you, independent of Pet Pawtraits Online. We do not consider this a breach of contract, however, we discourage you from communicating this with other members as it may lead them to a breach which could result in a cancellation of membership.
  • We do not and cannot guarantee that you will gain commissions by being a member of Pet Pawtraits Online. Commissions are subject to public demand.
  • We accept no liability for loss of earnings in the case of cancelled commissions. Although we will seek to compensate for time spent, there may be circumstances in which this may not be possible.
  • Artists enter into commissions of their own will and must consent to the terms of the contract before doing so. If the contract has been bypassed during registration we retain the right to withhold the offering of any commission opportunities until the contract has been signed and submitted.
  • Artists are liable for their own time completing commissions. Should you, for any reason, not be able to complete a commission within the time you set you must inform us immediately. We will in most circumstances be able to negotiate a short delay in delivery for the customer however on occasions this may not be possible and may be compelled to offer a refund to the customer. In these cases the artist will be considered responsible for the failure of the commission sale and compensation for time already spent may not be possible.
  • As stipulated in Section 7. Prices & Payments, we accept no liability for the artist's financial situation which may be affected by the withholding of funds if an artwork is damaged in transit or the customer fails to sign-off the delivery of the artwork as being safely and satisfactorily delivered.
  • All artwork submitted to Pet Pawtraits Online is done so at the artist's own risk. Although we put every possible measure in place to prevent theft of images, we cannot guarantee 100% image theft security. We therefore can accept no liability for images that are copied by any means from our site and used elsewhere by any external parties.

There will be no variation on this contract by either the company or the artist without written consent of the Managing Director of Pet Pawtraits ltd.

Terms and Conditions of Sales and Subscriptions

In this document 'we' or 'us' refers to Pet Pawtraits Online, but we may also be referred to as 'the Company' or 'the Business'. The customer is referred to as 'you', 'they' or 'them'.

Purchase & Renewal
  • Paid memberships are provided by means of an automated subscription service.
  • Payments for monthly subscriptions are set to automatically renew every month on a rolling basis until the customer requests cancellation.
  • Annual subscriptions are set to expire one year after the date of the first payment. This includes any time added on as a free trial.
    E.G. If you have a free trial which begins on 1st July your first payment will go out on 1st August. The subscription will expire 365 days after the first payment which was made on 1st August.
  • Annual subscriptions are set to automatically renew. You will be notified by email in advance of this renewal and have the option to cancel automatic renewal at any time through the membership plan section of the members only site.
Changing your subcription 
        ~ Advanced Monthly membership, may at any time be upgraded to the Advanced Annual, Professional Monthly or Professional Annual membership plan.
        ~ Professional Monthly membership may at any time be upgraded to the Professional Annual plan or downgraded to the Advanced Monthly or Annual membership plans.
  • If you request an upgrade or downgrade your membership plan will remain the same until the first day of your next billing period. You will not be able to access the new features of an upgraded plan until the first day of your new plan. Similarly, when you downgrade, all the features of your current plan will be available until your current membership expires.
Cancellations & Refunds
  • If you subscribe to a monthly or annual membership plan and then change your mind you must cancel within 14 days of subscribing to be eligible for a refund. Annual subscriptions cancelled after the 14 day period will not be refunded. Monthly subscriptions can be cancelled any time but will only be eligible for a refund in the first 14 days after initially subscribing. Cancellations after this time will not be eligible for refunds. This is applicable to all subscriptions including those with free trials.
  • To cancel a subscription you must request cancellation through the form provided on the artist members site https://artists.petpawtraitsonline.com/change-form. Once we receive instruction to cancel we will first confirm with you that you have requested this action to be taken and if you confirm you would like to go ahead we will cancel your subscription immediately.
  • When cancelling a monthly subscription (after the initial 14 day period with a free trial or halfway through a billing cycle) we recommend that cancellation requests should be made no less than 3 days before payment is due to be taken. In certain circumstances your bank may approve a payment before it goes out and we will have no control over this. However, should this happen, if you inform us immediately within 7 days of payment going out we will be willing to refund the money once it has been received by us.
  • When a subscription is cancelled you will continue to enjoy benefits of paid membership until the end of the final day of your current billing period. At the end of the billing period your membership will automatically revert to our basic free plan.
  • If you wish to delete your account entirely after the membership ends you must request this at the time of cancellation. Otherwise you may use the same form to request deletion once cancellation is complete. We will confirm with you that this is the action you wish to take before deleting your account. Deletion is permanent and should you change your mind and wish to join us again, you will need to re-register for an account with us. We do not retain any personal data once a deletion has occurred.
  • Extra features are available to purchase through the website. These include social-media shout-outs, blog/ newsletter write-ups and features on the front page of the site.
  • All extra features purchased through the site are classed as virtual products and therefore legally we do not have to refund these items should you change your mind. However, we are happy to offer a refund if you inform us of your decision within 24 hours of the purchase on the provision that have not yet begun or completed the task.
  • Images which are intended to be used for social media shout-outs or website features must be provided to us within 28 days of the purchase being made. We will not usually reserve places in our posting-schedules for purchases which surpass the 28 day period. You will be reminded after 21 days if we have still not received images from you with which to create your feature. Unless you can prove reasonable circumstances which prevented you from providing images, after the 28 day period your feature will be cancelled and you will need to purchase a new one for future shout-outs or features.
  • Similarly, when you purchase newsletter/blog write-up, we will send you a form to fill in. If we do not receive this form within 28 days we cannot guarantee a place in the next newsletter. We will still feature your write-up in the blog but you will have to wait until the next issue of our newsletter to go out to have your write-up included.
  • We retain the right to refuse or cancel promotional services if we believe that there is reasonable doubt as to the originality or authenticity of images of artwork supplied for the purpose of advertising. For example, we may refuse promotional services to commence if we suspect reference images have been obtained or used without permission of the original creator or that the claim of an original creation is fraudulent.
  • We also retain the right to refuse service and refund payment if we believe it to have been done fraudulently without the consent of a cardholder. In addition to this, should we suspect fraud has been committed we will uphold our legal obligation to report our suspicions and suspend all accounts associated with the incident.

If you make a purchase in error and do not inform us of this error immediately or within 24 hours we cannot refund your purchase and will take no liability for your personal loss of funds.

We take security very seriously and use several different methods to protect our website and your personal data against cyber attacks and data breaches. In relation to online sales we ensure customer payment security by using secure encryption certificates on our website. You can verify this and view our certificates by clicking the padlock icon by the https:// in our web address. We also use secure payment services Paypal and Stripe to take card purchases and subscription payments made online. We hold no personal data on our website relating to purchases or payments.

APPLICABLE LAW

These documents have been produced in line with and adhere to the following UK law:
'Consumer Rights Act 2015' & 'Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013'
We also comply fully with the UK Office of Trading Standards goverment guidance on 'Unfair Trading Regulations 2008'

WHO WE ARE

Pet Pawtraits Online is owned by Pet Pawtraits ltd which is a private limited company registered in England and Wales.

Our registered company number is 11935901 and our registered office address is 28 Clare Gardens, Bath, BA2 2SD