SUSAN BRUCE – WEBSITE TERMS AND CONDITIONS

This website (Site) is operated by Susan Bruce ABN 90 708 966 345 (weour or us). It is available at: www.susanjbruce.com and may be available through other addresses or channels.

GENERAL WEBSITE TERMS OF USE

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  • anything that would constitute a breach of an individuals privacy (including uploading private or personal information without an individual’s consent) or any other legal rights
  • using our Site to defame, harass, threaten, menace or offend any person
  • interfering with any user using our Site
  • tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site
  • using our Site to send unsolicited email messages
  • facilitating or assisting a third party to do any of the above acts

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  • copy or use, in whole or in part, any Content
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party
  • breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms)
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose
  • access will be uninterrupted, error-free or free from viruses
  • our Site will be secure

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of South Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

PURCHASING COMMISSIONED ART WORK

This section applies specifically to the purchase via this site of animal portraits or other artwork on commission. Please read these points carefully. By ordering commissioned art works, you, the client, agree to all the terms detailed in this document.

If you have any questions in relation to this policy, please don’t hesitate to contact us at art@susanjbruce.com

Paintings: The art works I produce are acrylic on canvas unless otherwise indicated.

Unless special arrangements are made with the artist, currently only flat canvas portraits are available for international delivery.

Photos: Portraits are painted from your reference photos. You must own the copyright of the photos used or hold a licence that permits the photo to be reproduced as art work without attribution.

Photos should be of good quality. The lighting and detail must be sufficient for the artist to enlarge the photo to see detail. Unfortunately, if the quality of the photo is poor, we may not be able to accept the commission. It will be too hard to paint an accurate likeness of your pet.

Examples of suitable and unsuitable photographs can be found via this link.

Photography service: If you do not have suitable reference photographs of your pet and you live in, or near, Adelaide, South Australia, I can provide a photography service to take these reference pictures. The cost will be $50/hr for up to one hour. If more time is needed, each subsequent hour will cost $35/hr. Travel costs will also apply. This will be negotiated and agreed to at the time of booking. 

Pricing: Please check the Prices page before ordering. Prices for standard animal portraits are currently published on the Pricing page. Older prices will not apply once prices on the Prices page has been updated, unless a deposit has been paid. 

Standard animal portraits include the head and shoulders of the animal with a plain background. 

Non-standard paintings (e.g., a non-standard canvas size, multiple animals in the composition, additional detail in backgrounds, the inclusion in the painting of extra parts of the animal’s body or anything else that takes additional time) will incur an additional cost. We will quote you any extra amount for each specific job at the time of ordering.  

Postage prices will also be calculated at the time of ordering. We recommend shipping insurance as part of this quote.

Payments can be made via the PayPal interface on our website or via direct debit by arrangement.

Currency Exchange: Prices are quoted in Australian Dollars. If you live outside Australia, then PayPal or your bank will exchange the currency at their current exchange rate. Please note that if you ask for a refund we cannot be held responsible if exchange rate fluctuations occur.

Deposit: When you order a commissioned art work you must pay a deposit of 50% of the total quoted price.

Cancellation: We provide a 7-day money back guarantee from the date the deposit is paid for a commissioned animal portrait. If you choose to cancel your order of the commissioned portrait within this time you will receive a full refund of your deposit. After this 7-day period your deposit is not able to be refunded and will be retained by the artist to cover administration costs, ordered materials, etc.

Time to Completion: When a deposit is received, your painting is logged on our commission schedule and we will give you estimated dates of commencement and completion. Each standard animal portrait takes about four weeks to finish (I work on more than one painting at the same time). While we will make every effort to meet this time frame, it should not be regarded as an absolute guarantee. We recommend ordering early if you want the portrait for a particular date – or if you want it at a busy time of year. E.g., September to December. Christmas is a popular time so order early and allow time for postage.

Payment terms: We will email you a good quality photograph of the portrait when it is finished. Once you have approved the portrait you will have to pay the outstanding balance before the painting will be mailed to you. 

Payment must be made within 7 days of the portrait being approved. 

In some cases, the artist may permit payment by instalments. If we agree to this, the full payment must be received within 6 weeks of the completion and approval of the portrait.

The portrait will be dispatched once all payments, including postage, are cleared.

Amendments: You are able to make suggestions for reasonable amendments to the portrait. These will be carried out at no extra charge as long as they don’t deviate from the original commission. If alterations differ from the original commission an additional cost may be incurred. Once the painting is approved no additional amendments can be made.

Guarantee: If you do not approve the finished product then you are not required to make any further payments. The sale will be cancelled, and the portrait will remain the property of the artist – to sell, exhibit, rework, as appropriate. Unfortunately, any monies paid will not be able to be refunded. 

Import taxes and duties: You are responsible for any import taxes or duties that apply to the country or state where you live. The artist is not responsible for any additional charges that occur.

Shipping: Unless otherwise indicated, shipping is carried out via Australia Post Parcel service.

Damage during shipping: Every effort is made to pack the item securely, but accidents can happen while the painting is in transit. The artist bears no liability for any damage that happens to the painting during transit. Transport of the painting is at your own risk. This is why we strongly recommend shipping insurance for the painting. If an item is damaged during shipping, you must photograph the damage to both the painting and the packaging and contact us within 24 hours of receiving the painting. 

Unless special arrangements are made with the artist, currently only flat canvas portraits are available for international delivery.

Copyright: Copyright on all artwork we produce remains with the artist and we and reserve the right to use images of our paintings and drawings on our website, other social media and on promotional material. We will not produce client’s artwork for sale, sell the image on merchandise, or allow anyone else to use it to earn profit from the image (see above General Website Terms of Use). 

The finished artwork may be used by you for display and enjoyment. You cannot make profit from this work – eg make prints and copies of the work for sale – without the express written permission of the artist.

 Termination of the Agreement: The artist reserves the right to terminate the commission agreement for any reason, including, but not limited to, any form of harassment, abuse or unreasonable demands being made of the artist.

Health and Safety: The artist is not responsible for any health or safety concerns once the buyer has received the item. If any harm is incurred from the items purchased by the buyer, the artist shares no responsibility.

Gift Vouchers: Gift vouchers are non-refundable and are not able to be exchanged for cash. Vouchers apply to price lists current at the time of redemption.  Vouchers can be put towards a higher priced portrait commission, provided the difference is paid.

 Collection: If you live in the Adelaide region arrangements can be made to collect the art work. Please let us know if you wish to do this so delivery charges can be waived.

These terms and conditions are subject to change at any time.

For any questions and notices, please contact us at:

Susan Bruce ABN 90 708 966 345

Email: susan@susanjbruce.com

Last update:27 May 2019

 

Susan Bruce ABN 90 708 966 345

 

Email: susan@susanjbruce.com

 

Last update: 27 May 2019

 

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