Set out below are the terms and conditions under which Fine Art Deco, Inc. Agrees to provide you or your company with our service, please read this service agreement carefully. If you agree to be bound by these terms and conditions, you must acknowledge your agreement below on behalf of yourself and the entity, if any, with whom you are employed or represent. Once acknowledged, this document will constitute a legal agreement between Fine Art Deco, Inc. and you and any such entity you represent (collectively referred to as "you" or "Your" hereinafter). Fine Art Deco, Inc. May make future changes and modifications to such terms and conditions at any time without previous notice to our service users, your subsequent viewing or use of fineartdeco.com will constitute your agreement to the changes and modifications. Please print out a copy of this agreement and retain it for future reference.
"Confidentiality is strictly enforced in our Company. We will never provide our client's personal or contact information to any other company or entity".
Appointments and Estimates
1. Free Estimates
Free estimates and on-site consultations are offered to our customers and future customers within 40 miles of our office, there is a fee of $50 for farther distances, This fee is refunded to you after we sign a service agreement. However we have other ways of giving free estimates for farther customers, it is as follow:
- You can e-mail photos of the work-site, reference images of the desired work (if any), if not then a detailed description of what you want to do, and you will receive an approximate price (this price can vary the day we start the job).
- Other way is over the phone, but you will also have an approximate price that can vary when Artist present at work-site (this is applicable for small jobs only).
2. Extra On-site Visits
If extra on-site visit is required by client before work time, the same rate will apply per visit. (extra visit is considered when more than one).
3. Appointment Time
Appointment or on-site visit will last up to 1 hour per place, if longer time is needed because of place or client conditions, there will be a fee of $50.00 per hour.
4. Preliminary Project Presentation
If a preliminary project presentation (including rough scketch or graphic ideas) is required by client before signing the Service Agreement, there will be a charge of $250.00 per project, this charge will cover the work time and expenses for this special requirement, and will be credited to the total price after the Agreement is signed.
1. Services to be Performed
Contractor agrees to perform the services described in the work order known as Exhibit A, which is attached and incorporated by referenceto to the AGREEMENT FOR CREATIVE CONTRACTOR signed between client and Fine Art Deco, Inc.
In consideration for the services to be performed by Contractor, Client agrees to pay Contractor the total amount described in the AGREEMENT FOR CREATIVE CONTRACTOR. Contractor's total compensation may increase if extra work is solicited by client.
3. Terms of Payment
Contractor shall be paid 35% of the total contract price upon signing the Agreement and the remaining amount due when Contractor completes the services. Client shall pay Contractor within five (5) days from the date of service completion.
It is expressly understood that the initial payment of 35% of the contract price shall be non refundable and will be used to cover preliminary designs and project materials.
4. Late Fees
Late payments by Client shall be subject to late penalty fees of 15% per month from the due date until the amount is paid. Payments shall be considered late if the fee has not been paid within five (5) days of work completion.
Contractor shall be responsible for all expenses incurred while performing services agreed. However, Client shall reimburse Contractor for all reasonable travel and living expenses necessarily incurred by Contractor while away from Contractor's regular place of business to perform services. Contractor shall submit an itemized statement of such expenses. Client shall pay Contractor within 30 days from the date of each statement. Client agrees to reimburse Contractor for the rental of any industrial equipment necessary to complete the contemplated work.
Contractor will furnish all materials and equipment used to provide the services required by the Agreement.
7. Intellectual Property Ownership
Contractor hereby licenses to Client the intellectual property rights in the work created or developed by Contractor under the Agreement. This license is conditioned upon full payment of the compensation due Contractor under the Agreement. Contractor reserves all rights not expressly granted to Client by the Agreement.
Fine Art Inc. reserves the right to use its decorative creations for marketing purposes. Client agrees to allow the taking of photographs to be used in catalogs, web pages, posters, business cards or any other media. Fine Art will not disclose the client's name, address or any other personal client information without the client's expressed written consent.
8. Reusable Materials
Contractor owns or holds a license to use and sublicense various materials in existence before the start date of the Agreement (Contractor's Materials). Include, but are not limited to, those items used in the work performed under the Agreement. Contractor retains all right, title and interest, including all copyrights, patent rights and trade secret rights in Contractor's Materials. Contractor grants Client a royalty-free nonexclusive license to use any Contractor's Materials incorporated into the work performed by Contractor under the Agreement. The license shall have a perpetual term and may not be transferred by Client.
9. Work Schedule
Contractor shall provide to the client and approximate work schedule for completion of the contracted work. Contractor reserves the right to amend the dates and hours during which the work will take place and shall consult with the client prior to instituting any material change to the work schedule. The contractor shall not be responsible for delays caused by factors beyond its control, such a severe weather events, labor strikes, material shortages or governmental prohibitions.
Client agrees to grant the Contractor reasonable access to the work site during the agreed work schedule.
10. Use of Subcontractors .
Client agrees to contractor's use of subcontractors in the performance of the work. The contractor shall pay subcontractors.
11. Term of Agreement
Tthe AGREEMENT FOR CREATIVE CONTRACTOR will become effective when signed by both parties and will terminate on the earlier of· the date Contractor completes the services required by the Agreement or the date a party terminates the Agreement as provided below.
12. Terminating the Agreement
With reasonable cause, either party may terminate the Agreement effective immediately by giving written notice of termination for cause. Reasonable cause includes: a material violation of the Agreement, or nonpayment of Contractor's compensation after 20 days written demand for payment. Contractor shall be entitled to full payment for services performed prior to the effective date of termination.
13. Independent Contractor Status
Contractor is an independent contractor, not Client's employee. Contractor's employees or subcontractors are not Client's employees. Contractor and Client agree to the following rights consistent with an independent contractor relationship.
· Contractor has the right to perform services for others during the term of the Agreement.
· Contractor has the sole right to control and direct the means, manner and method by which the services required by the Agreement will be performed.
· Contractor has the right to hire assistants as subcontractors, or to use employees to provide the services required by the Agreement.
Contractor guarantees that the work performed shall of workman-like quality equal to the professional standards in the industry. Contractors' warrantee includes the feasibility of the products used, the technique applied and the preparation of work surfaces.
Contractor shall not be responsible for poor surface conditions or structural supports where the work will be done, for deterioration of the finished product due water leaks, humidity, excessive heat or chemicals.
If the decorative creation suffers significant damage under normal conditions or due to negligent application or poor quality of the material, the Contractor shall the restore the work at no cost to the client. If the damage is caused by any item not covered by this warrantee the Contractor shall assess the reason for the damage and the Client may request restorative work at its own expense.
16. Modifying the Agreement
Client and Contractor recognize that:
· Contractor's original cost and time estimates may be too low due to unforeseen events, or to factors unknown to Contractor when the Agreement was made
· Client may desire a mid-project change in Contractor's services that would add time and cost to the project and possibly inconvenience Contractor, or
· Other provisions of this Agreement may be difficult to carry out due to unforeseen circumstances.
If any intended changes or any other events beyond the parties' control require adjustments to the Agreement, the parties shall make a good faith effort to agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties and added to the main Agreement.
17. Resolving Disputes
If a dispute arises under the AGREEMENT FOR CREATIVE CONTRACTOR, any party may take the matter to court. If any court action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which he or she may be entitled.
18. Limited Liability
This provision allocates the risks under the Agreement between Contractor and Client. Contractor's pricing reflects the allocation of risk and limitation of liability specified below. Contractor's total liability to Client under the Agreement for damages, costs and expenses shall not exceed the compensation received by Contractor under the Agreement. NEITHER PARTY TO THE AGREEMENT SHALL BE LIABLE FOR THE OTHER'S LOST PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.
20. No Partnership
The AGREEMENT FOR CREATIVE CONTRACTOR does not create a partnership relationship. Neither party has authority to enter into contracts on the other's behalf.
21. Applicable Law
The AGREEMENT FOR CREATIVE CONTRACTOR will be governed by the laws of the State of Florida. Venue shall lie in Miami-Dade County Florida.
BY ENTERING AND USING FINE ART DECO, INC. WEB SITE YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTOOD THE RULES SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND BY SAME.