Terms of Service

1. Agreement to Terms

Welcome to Ainsley Art (“we,” “us,” “our”), accessible at ainsleyart.com. By accessing our website, submitting a commission request, or engaging our services, you (“Customer,” “you”) agree to be bound by these Terms of Service. If you do not agree, please do not use our services.

When submitting a commission request, you will be asked to review and accept these Terms through a popup that requires you to scroll through the full Terms before the acceptance button becomes available. Your acceptance is recorded with your IP address, browser information, and timestamp for our records. This creates an enforceable clickwrap record.

2. Services Offered

Ainsley Art provides custom art commission services. Through our website, you may:

  • Browse our gallery of completed works
  • Submit a commission request describing the artwork you would like created
  • Upload reference images to help communicate your vision
  • Communicate with us regarding your commission through our messaging system
  • Review and accept proposals including pricing and timeline
  • Make payments for deposits, final balances, and shipping
  • Track the progress of your project
  • Leave a review upon completion

3. Commission Process

3.1 Submission

Commission requests are submitted through our online form. You will provide details including your desired subject, medium, artistic style, dimensions, and a description of your vision. You may also upload reference images to help us understand what you are looking for.

Submitting a commission request does not guarantee acceptance. We reserve the right to decline any commission at our sole discretion, including but not limited to requests that fall outside our capabilities, that we determine to be inappropriate, or during periods of high demand.

3.2 Proposals and Pricing

If we choose to accept your commission, we will provide a proposal that includes:

  • A description of the agreed-upon work
  • Total price for the commission
  • Required deposit amount
  • Estimated completion timeline
  • Any special terms or conditions

Pricing is determined on a per-commission basis considering factors such as complexity, size, medium, and timeline. If rush delivery is requested and available, an additional multiplier applies to the base price.

3.3 Deposits and Payments

A non-refundable deposit is required before work begins on any commission. The deposit amount is specified in your proposal. The remaining balance is due upon completion and before delivery of the final artwork.

All payments are processed securely through Stripe. We do not store or have access to your credit card information.

  • Deposits are non-refundable once work has begun
  • Final payment is due before delivery or shipping of the completed work
  • If applicable, shipping costs are invoiced separately

3.4 Revisions and Clarifications

During the commission process, you may communicate with us through our messaging system to provide additional details, request clarifications, or discuss adjustments. Major changes to the scope of work after a proposal has been accepted may result in revised pricing.

3.5 Delivery

Completed artwork will be delivered via the method agreed upon in the proposal (e.g., shipping for physical works, digital delivery for digital art). Shipping costs to include signature receipt and insurance, if applicable, are the Customer’s responsibility and will be invoiced separately.

Risk of loss for shipped items transfers to the Customer upon delivery to the shipping carrier. We will provide tracking information when available.

4. Intellectual Property

4.1 Artist’s Rights

Unless otherwise agreed in writing, the Artist retains full copyright and intellectual property rights to all commissioned artwork. The Customer receives a personal, non-exclusive license to display and enjoy the physical artwork. The Customer does not receive reproduction rights, commercial usage rights, or the right to create derivative works.

4.2 Reference Materials

By uploading reference images or other materials through our commission form, you represent that you have the right to share those materials and grant us a limited license to use them solely for the purpose of creating your commissioned artwork.

4.3 Gallery Display

We may photograph and display completed commissions in our online gallery and social media for portfolio and promotional purposes. If you prefer that your commission not be publicly displayed, please inform us in writing before the work is completed.

5. Content Standards

All uploaded reference images and commission descriptions are subject to automated content screening. We reserve the right to reject any submission that contains content we deem inappropriate, offensive, or in violation of our content policies.

We do not accept commissions involving:

  • Content depicting the exploitation or abuse of minors
  • Content that promotes violence, hatred, or discrimination
  • Content that infringes on the intellectual property rights of others
  • Any content that violates applicable law

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • Our total liability for any claim arising from a commission shall not exceed the total amount paid by the Customer for that specific commission
  • We are not liable for indirect, incidental, consequential, or punitive damages
  • We are not liable for delays caused by circumstances beyond our reasonable control
  • We are not liable for color variations between digital previews and physical artwork due to differences in screen calibration, printing processes, or artistic medium

7. Cancellation Policy

Cancellation terms depend on the stage of the commission:

  • Before proposal acceptance: Either party may cancel at no cost
  • After deposit payment, before work begins: Deposit is non-refundable; no additional charges
  • After work has begun: The deposit is non-refundable. If you cancel after work has begun, you may be invoiced for materials and time already invested, up to the full commission price
  • Artist-initiated cancellation: If we cancel a commission for any reason after receiving your deposit, the full deposit will be refunded

8. Dispute Resolution

We are committed to resolving disputes amicably. If you are unsatisfied with your commission, please contact us directly and we will work with you to find a resolution.

If informal resolution is not possible, disputes shall be resolved in accordance with the governing law provisions below.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, Bexar County without regard to conflict of law principles.

10. Changes to These Terms

We reserve the right to update these Terms at any time. The effective date at the top indicates when the Terms were last updated. Material changes will be posted on our website. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms.

Each commission submission records the specific version of the Terms you accepted.

11. Contact Information

For questions about these Terms or your commission, please contact:

Ainsley Art Website: https://ainsleyart.com via chat.

In writing via USPS Certified Mail:

TOS
Ainsley Art C/O McCrossen Marketing
11844 Bander Rd. Ste 300
Helotes, Texas 78023