Terms and Conditions
Welcome to Artysan. This Terms and Conditions Agreement (“Terms”) is a legal contract between ARTYSAN STUDIO LTD, a productized design agency incorporated in 7 Bell Yard London, UK (“Artysan”), and you, the client, either as an individual or representing an entity (“Client”). The terms governs your use of Artysan’s website: https://www.artysan.studio (the “Website”) and any related media, including channels, mobile websites, or applications. By accessing or using our Website, you agree to abide by these terms. If you do not agree, you must discontinue use of the Website immediately. Your responsibility to pay for any services provided by Artysan persists beyond any termination of Website use.
Intellectual property rights
Unless otherwise stated, the Website and its entire contents, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as “Content”), as well as trademarks, service marks, and logos (the “Marks”), are the exclusive property of ARTYSAN STUDIO LTD and are safeguarded by copyright, trademark laws, and other relevant intellectual property laws in the United Kingdom, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your informational and personal use only. Except as explicitly permitted in these Terms, you may not copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or exploit any part of the Website or the Content for commercial purposes without prior written consent from Artysan. All rights not expressly granted to you in and to the Website, Content, and Marks are reserved by Artysan.
Rights to created materials
Apart from Artysan’s ownership of Submissions as detailed in Section “Client Feedback”, all designs and original source files produced for the Client (“Projects”) are the Client’s exclusive property. The Client retains sole ownership of the copyright for all Projects. If any law inadvertently causes Artysan to hold ownership of a Project, in whole or in part, Artysan irrevocably assigns its full interest in the Project to the Client without restriction.
The Client guarantees that any materials provided to Artysan as examples or to be incorporated into a Project are owned by the Client and do not infringe upon any third party’s rights, including intellectual property rights and publicity rights. Unless otherwise agreed upon as specified in section 'Showcasing Design Work', Artysan reserves the right to publicly share the Client’s design work (e.g., on social media, website).
Third-party fonts
If any Project includes fonts not owned by Artysan and requiring a commercial license for legal reproduction, distribution, or public display (“Third-Party Font(s)”), Artysan will notify the Client in writing. This notification will specify the incorporation of Third-Party Fonts and inform the Client of the need to purchase the necessary licenses from the rights-holders to legally use the Project. The notice will provide sufficient details for the Client to identify the required licenses and the relevant contact information for purchase. Once Artysan has informed the Client about the inclusion of Third-Party Fonts as described above, the Client assumes full responsibility for any consequences arising from the failure to acquire the necessary licenses for the incorporated Third-Party Fonts.
Client declarations
By accessing and using the Website, the Client represents and warrants that they have the legal capacity and agree to comply with these Terms. The Client confirms they are not a minor in their place of residence and will not access the Website through automated or non-human means. Additionally, the Client agrees not to use the Website for any illegal or unauthorized purposes and assures that their use of the Website will not violate any applicable laws or regulations.
Prohibited conduct
Clients are prohibited from using the Website for any purpose other than the services offered by Artysan. The Website is not to be utilized for any commercial activities unrelated to the work Artysan performs for the Client. Specifically, the Client agrees not to make any unauthorized use of the Website, retrieve data or content from the Website for the purpose of creating a compilation, database, or directory, or circumvent, disable, or interfere with any security-related features of the Website. Engaging in unauthorized framing or linking to the Website, deceiving, defrauding, or misleading Artysan or other users, and interfering with, disrupting, or placing an undue burden on the Website or Artysan’s networks or servers are also prohibited. Clients must not use the Website to compete with Artysan, decipher, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the Website, or bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof. Harassing, annoying, intimidating, or threatening any of Artysan’s employees, independent contractors, or agents providing services through the Website, deleting the copyright or other proprietary rights notice from any Content, and copying or adapting the Website’s software are forbidden actions. Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other material that interferes with any party’s use of the Website or modifies, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website, as well as uploading or transmitting (or attempting to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, are strictly prohibited. Additionally, clients must not disparage, tarnish, or otherwise harm Artysan or use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.
Client feedback
The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback provided (each a “Submission”) shall become the sole property of Artysan. Artysan is not obligated to keep any Submission confidential or to take any steps to ensure its confidentiality. Artysan shall hold exclusive ownership of all rights related to the Submission, except for rights granted to the Client under section “Rights to created materials”. Artysan may use and disseminate any Submission at its sole and unrestricted discretion for any lawful purpose, without requiring permission, acknowledgment, or compensation to the Client. The Client agrees that they have the right to submit the Submission and hereby waives all claims and recourse against Artysan for its use of the Submission in accordance with these terms and at its sole discretion thereafter.
Website governance and control
Artysan reserves the right to monitor activities on the Website for compliance with these Terms and to take appropriate legal action against any violations or breaches of applicable laws, statutes, or regulations. Additionally, Artysan may, at its sole discretion and without notice or liability to the Client, restrict or deny access to the Website or disable the Client’s ability to use the Website. All decisions regarding the governance and enforcement of the Website’s policies are made solely by Artysan to protect its rights and property.
Data protection and privacy
By using the Website, the Client agrees to be bound by Artysan’s Privacy Policy. When accessing the Website from regions such as the EU, Asia, or elsewhere, different laws, statutes, or regulations concerning personal data collection, use, or disclosure may apply. The Client’s continued use of the Website and the transfer of data signifies explicit consent to the processing of data. Artysan does not knowingly collect or solicit information from individuals under the age of 18. In compliance with the Children’s Online Privacy Protection Act, if Artysan becomes aware that a child under the age of 13 has provided personally identifiable information without parental consent, Artysan will delete such information as promptly as possible.
Returns and refunds
Artysan retains the right to refuse refund requests at its sole discretion, without prior notice or liability to the Client. Each refund request will be individually assessed. If a refund is requested within the first month of service, all materials created by Artysan will remain the exclusive property of Artysan, and the Client is prohibited from using these materials in any form.
In cases where a refund is granted, a fee of 25% will be deducted from the remaining billable amount. Artysan reserves the right to pursue legal action against any Client found to be in breach of this policy.
Modifications
Artysan reserves the right to change, alter, modify, amend, or remove any content on the Website for any reason at its sole discretion. Artysan also reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
Service interruptions
Artysan does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other elements may result in interruptions, delays, or errors beyond Artysan’s control. The Client agrees that Artysan shall not be liable for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Website during any interruption in connection or service.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom without regard to conflict of law principles.
Legal proceedings
Any legal action of any nature shall be brought in the courts of London, UK. The parties consent to personal jurisdiction in these courts and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is excluded from these Terms.
Disclaimer
The Website is provided on an “as-is” and “as-available” basis. The Client acknowledges that their use of the Website and Services is at their own risk. Artysan disclaims all warranties, express or implied, regarding the Website and the Client’s use of it, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Artysan does not guarantee the accuracy or completeness of the Website’s content or the content of any linked sites. Artysan assumes no liability for any errors, inaccuracies, or omissions in content, any personal injury or property damage, unauthorized access to our secure servers and any personal or financial information stored therein, any interruption or cessation of transmission, any bugs, viruses, or similar issues transmitted to or through the Website by any third party, or any loss or damage incurred as a result of using any content posted, transmitted, or otherwise made available via the Website. Artysan does not warrant, endorse, or assume responsibility for any product or service advertised or offered by a third party through the Website, any hyperlinked website, or any website or mobile application featured in any advertising.
Liability and indemnity
Artysan, including its directors, employees, members, independent contractors, and agents, shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, or other losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold harmless Artysan, its subsidiaries, affiliates, and their respective officers, members, agents, partners, employees, and independent contractors from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the Client’s use of the Website, breach of these Terms, breach of the Client’s representations and warranties, or violation of any third party’s rights, including intellectual property rights. Artysan reserves the right, at the Client’s expense, to assume the exclusive defense and control of any matter for which the Client is required to indemnify Artysan, and the Client agrees to cooperate with Artysan’s defense of such claims.
Client data responsibility
The Client is fully responsible for all data transmitted to or related to any activities conducted via the Website. Artysan is not liable for any loss or corruption of such data, and the Client waives any right to take action against Artysan for any resulting loss or corruption.
Electronic agreements and communications
The Client agrees to receive electronic communications from Artysan and acknowledges that all agreements, notices, disclosures, and other communications provided electronically via email or through the Website fulfil any legal requirement that such communications be in writing. The Client consents to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and transaction records initiated or completed by Artysan or through the Website. The Client waives any rights or requirements under any laws in any jurisdiction that demand an original signature, delivery, or retention of non-electronic records, or payments and credits by means other than electronic.
Showcasing creative work
Artysan reserves the right to feature design work on its digital platforms, including social media and its website, unless otherwise agreed. The Client has the option to issue a Non-Disclosure Agreement (NDA) with Artysan, which would revoke Artysan’s right to publicly share or discuss the Client’s projects.
General provisions
These Terms, together with any policies posted on the Website, represent the complete and entire agreement and understanding between the Client and Artysan. Artysan’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be severed from the Terms, but this will not affect the validity or enforceability of the remaining provisions. Nothing in these Terms, the Privacy Policy, or on the Website shall be interpreted as creating a joint venture, partnership, employment, or agency relationship between the Client and Artysan.
Contacts
If you have any questions or concerns regarding the Website, please reach out to Artysan at: hello@artysan.studio.
Last updated: 16 July 2024