Terms and Conditions
By contacting Orina Kafe Artworks the client agrees to abide by the terms and conditions stated below.
1. Orina Kafe Artworks does not provide any kind of service free of charge. Each commercial project comes with a payment that will be agreed upon between the client and Orina Kafe Artworks prior to starting the project.
2. Orina Kafe Artworks retains the right to decline projects of pornographic, offensive or political nature.
3. All client information and materials are considered confidential and will only be used by Orina Kafe Artworks to provide a quote or complete a project. Client information and project materials will not be shared with any third party, unless the client requests otherwise.
4. The client agrees not to publish any project material to the public before the full payment is paid. The client can share draft materials with friends and family in order to receive feedback if he/she wishes, but in no case should said draft materials be posted on the web.
LICENSE AND OWNERSHIP RIGHTS
5. Upon receipt of full payment, Orina Kafe Artworks grants the client the exclusive license to use the final file(s) for the specific project agreed upon and associated promotional materials.
6. The client agrees to abide by the terms of any license agreement for any images purchased by Orina Kafe Artworks through a third-party image provider for use in client’s project.
The cost of the service provided by Orina Kafe Artworks includes the license to use images bought via Depositphotos and is limited to a print run of 500,000 units. For a print run over 500.000 the client is responsible to buy an extended license, as stated in the Depositphotos License.
Materials from stock image providers other than Depositphotos are not included in the cost. The usage of such materials will take place upon agreement between the client and Orina Kafe Artworks and the total cost of said materials will be paid by the client.
7. If the client supplies Orina Kafe Artworks with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing the designer to incorporate them into his/her project. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
8. The client has no right to alter the final file(s) in any way except to change size for printing or digital display. If the client desires any alterations, he/she will contact Orina Kafe Artworks. Additional payments may be required to make these alterations.
9. Orina Kafe Artworks retains copyright and ownership of all design and draft materials. Additionally, Orina Kafe Artworks retains the right to use the client’s final file(s) and name in Orina Kafe Artwork’s portfolio and to market and promote Orina Kafe Artwork’s services.
10. In the case the project includes final file(s) that are printable, the client is fully responsible for proofing the file(s) provided by Orina Kafe Artworks. It is strongly suggested that client requests a proof from the printer before publishing or ordering any printable material. At no time will Orina Kafe Artworks be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the final file(s) provided by Orina Kafe Artworks.
11. Client agrees to pay an initial deposit of half the total cost before work will begin on the project. The remaining balance is due upon approval of the final file(s) and prior to the delivery of said file(s). Orina Kafe Artworks will not release finished files to the client or other parties until final payment has been received. The final payment is also final approval of the project, and this contract will be considered fulfilled and thus, terminated.
12. Orina Kafe Artworks retains the right to discontinue, withhold, or suspend services for any account should payments not be paid for a contracted job in the order specified in this agreement.
13. Failing to abide by the payment terms of this agreement, will result in Orina Kafe Artworks retaining the right to (re)use any draft material as wanted.
14. By hiring Orina Kafe Artworks and using the final file(s), the client agrees to provide credit “[project artwork] designed by Orina Kafe” inside the acknowledgements/copyright section of the project.
CANCELLATION AND REFUND POLICY
15. If the client should cancel the project before work has started, neither the client or Orina Kafe Artworks is under obligation to the other. If the client should cancel the project after work has started, the client agrees to forfeit half of the project total cost.
16. If Orina Kafe Artworks should cancel the project before work has started, neither the client or Orina Kafe Artworks is under obligation to the other. If Orina Kafe Artworks should cancel the project after work has started, Orina Kafe Artworks will issue a full refund of the original deposit.
17. Upon the completion of full payment and the delivery of the final file(s) there can be no refund whatsoever.
18. Orina Kafe Artworks is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of revenues or profits, loss of business or reputation, or loss of data, in any way related to our services. Orina Kafe Artworks is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on our site or in our clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.
19. These Terms and Conditions constitute the entire agreement between Orina Kafe Artworks and the client. No additional promises or conditions will apply, written or oral, unless otherwise specified and confirmed by all parties in hard-copy or e-signature.