Candyman Art Studio   Candyman Art Studio   Candyman Art Studio
Candyman Art Studio   Candyman Art Studio   Candyman Art Studio 

Our Team :


Vasily Shepelin

Vasily Shepelin

CEO of Candyman Art Studio, manager of operations, photographer, videographer, graphic, web, and SEO developer, digital marketing expert.

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Habileny Sanchez

Habileny

Director of digital content, photographer, videographer 

travel and location coordinator.

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Pamela Hannam

Pamela Hannam

Professional content writer, published author and superior search engine optimization researcher. 

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Konstantin

Konstantin

Chief technology officer, web master, HTML, PHP, and Javascript expert, MySQL developer.
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Valeria Sadykova


Director of graphic design, web designer, logos and animations developer, art advisor, paint artist.
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"Every photo becomes art in its own way and the final outcome is always worth the time we put into it"


Candyman Art Studio


Candyman Art Studio Terms of Services
 
Candyman Art Studio Terms of Services

Photography Terms of Services

  Definitions

"The Photographer" meaning Candyman Art studio (Candyman Entertainment LLC). "The Client" meaning any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

   Acceptance of Photography Terms of Services

All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms of services which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

   Copyright and Ownership 

In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the photography services of Candyman Art Studio is owned by the Photographer. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer's stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer's invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the license to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorization to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.  
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes. 

   Cancellation Fees / Overruns 

If a booking is cancelled by the Client within one working day of the starting time, the Photographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within seven working days of the starting time, the Photographer may charge 50% of his fee. For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee for photography services and expenses due to weather conditions on location.
In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that the Photographer may have incurred prior or during the assignment taking place.
The photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer ( e.g. including but not limited to; the Client requesting additional photographs over and above the Client's original brief etc). 

   Payment Terms

For all non-account Clients, payment for all products and services provided by the Photographer must be made upon completion of the assignment.
For authorized account holders, payment of the Photographer's invoice for photography services must be made within 30 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer's invoice(s) within 30 days.
The photographer reserves the right to charge interest on all overdue invoices at a rate of 15% per month.

   Retention of Title 

The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made. 

   Fees and Expenses 

All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavor to provide an indication of what these additional charges will be. 

   Representation

The Client shall ensure that there is an authorized representative present at the assignment to ensure the correctness of the Photographer's interpretation of the Clients brief. In the event of no Client representation, the Photographer's interpretation of the brief shall be deemed as correct.

   Sizes and Color Matching

Whilst every effort is made to meet the Client's requirements, all sizes quoted by the Photographer are approximate. The Client must inform the Photographer on occasions where accurate sizing is critical.

   Delivery Shortages / Loss and Damage in Transit

Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.  
The Photographer will make reasonable endeavors to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge. 

   Confidentiality 

The Photographer acknowledges that in the performances of the photography services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law. 

   Conduct 

The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Photography Terms of Services. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment. 

   Delivery of Products and Services 

The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.  

   Prices & Terms

All prices shown within the Photographer's price list of the photography services are subject to change without prior notice. The Photographer reserves the right to amend these Photography Terms of Services without prior notice.

   Rush Services

The Photographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.


Videography Terms of Services

  Definitions

"The Videographer" meaning Candyman Art studio (Candyman Entertainment LLC). "The Client" meaning any person, body of persons, firm or Company with whom the Videographer enters into a contract for the sale of goods or provision of videography services by the Videographer.

   Acceptance of Videography Terms of Services

All contracts and transactions between the Videographer and the Client whether made orally or in writing are subject to these terms of services which shall be deemed to be incorporated into any contract between the Videographer and all or any of its Clients.

   Copyright and Ownership 

In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all videos, audio, and images created by the Videographer is owned by the Videographer. Unless the Videographer gives written authorization, the Client is forbidden by law to copy any videos, audio, and images created by the Videographer and agrees that all  videos and audio, digital duplications or copies of any type made from videos, audio, and images created by the Videographer shall only be carried out by the Videographer. The license to reproduce such videos, audio, images is granted to the Client on the understanding that all invoices are paid within the Videographer's stated payment terms. 
Reproduction rights (if and when granted) are strictly limited to the use specified on the Videographer's invoice and/or quotation. An agreement must be reached with the Videographer before the videos are used for a different purpose or after the license to use has expired. The Videographer reserves the right to charge an additional fee if the videos are used for purposes other than what is shown on the Videographers invoice and/or quotation. 
If the Client wishes to own the copyright of videos created by the Videographer, an additional fee will be paid by the Client to the Videographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Videographer may contact the copyright holder of the said image to confirm that authorization to copy the image has been given. The Client agrees to fully indemnify the Videographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party. 
All original videos, audio, images, effects, animations, transparencies and digital files created by the Videographer remain the property of the Videographer. The Videographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.  
The Videographer reserves the right to make reproductions of videos created during assignments for marketing, promotional, competition and editorial purposes. 

   Cancellation Fees / Overruns 

If a booking is cancelled by the Client within one working day of the starting time, the Videographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within seven working days of the starting time, the Videographer may charge 50% of his fee. For cancellations/postponements due to weather conditions, the Videographer reserves the right to charge his full fee and expenses due to weather conditions on location.
In such instances, the Videographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that the Videographer may have incurred prior or during the assignment taking place.
The Videographer may make additional charges should an assignment overrun which is beyond the control of the Videographer ( e.g. including but not limited to; the Client requesting additional videos over and above the Client's original brief etc). 

   Payment Terms

For all non-account Clients, payment for all products and services provided by the Videographer must be made upon completion of the assignment.
For authorized account holders, payment of the Videographer's invoice must be made within 30 days of the date of that invoice. The Videographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Videographer's invoice(s) within 30 days.
The Videographer reserves the right to charge interest on all overdue invoices at a rate of 15% per month.

   Retention of Title 

The Videographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Videographer have been paid in full. Furthermore, the license to reproduce videos created by the Videographer will also be revoked until payment has been made. 

   Fees and Expenses 

All prices quoted to the Client apply only to the original job description and specifications given to the Videographer by the Client. The Videographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Videographer shall endeavor to provide an indication of what these additional charges will be. 

   Representation

The Client shall ensure that there is an authorized representative present at the assignment to ensure the correctness of the Videographer's interpretation of the Clients brief. In the event of no Client representation, the Videographer's interpretation of the brief shall be deemed as correct.

   Sizes and Color Matching

Whilst every effort is made to meet the Client's requirements, all sizes quoted by the Videographer are approximate. The Client must inform the Videographer on occasions where accurate sizing is critical.

   Audio & Video Laws

Client is responsible for notifying (l) the venue, (ll) event attendees and guests, (lll) the proper authorities, owners, government officials, agents or representatives and (lV) any other applicable parties that client will be recording video with audio at the event. Client will ensure that by contracting Candyman Art Studio for videography services to record video and audio at the event, both Client and the Videographer are complying with all applicable local, state and US laws.

   Guest & Attendee Video/Audio Notification

Client is responsible for notifying guests and attendees that Client have contracted videography services of Candyman Art Studio to film the event. Client represent, warrant and understand that Client alone are responsible for notifying guests and attendees that Candyman Art Studio will be recording video and audio at the event and directing those who wish not to be captured on video or audio to avoid Candyman Art Studio videographers.

   Delivery Shortages / Loss and Damage in Transit

Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.  
The Videographer will make reasonable endeavors to ensure that items delivered by a third party are suitably packaged for transit. The Videographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Videographer will provide suitable loss/damage cover for an additional charge. 

   Confidentiality 

The Videographer acknowledges that in the performances of the videography services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Videographer agrees to keep this information secret and not to disclose such information to other parties except as required by law. 

   Conduct 

The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Videographer reserves the right to terminate any assignment without notice if he deems the Clients behavior to be unruly or unsafe. In such instances, the Videographer reserves the right to charge his full fees and expenses as described in clause 4 of these Videography Terms of Services. The Client will fully reimburse the Videographer or his agents for any loss/damage they cause to property or equipment. 

   Delivery of Products and Services 

The supply of products and services are provided by the Videographer on a best endeavors basis. The Videographer will not be liable for delays that are beyond his reasonable control. The Videographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Videographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.  

   Prices & Terms

All prices shown within the Videographer's price list are subject to change without prior notice. The Videographer reserves the right to amend these Videography Terms of Services without prior notice.

   Rush Services

The Videographer reserves the right make an additional charge should the Client request a rush service. These videography services are subject to availability and cannot be guaranteed.


Graphic Design Terms of Services


All work is carried out by Candyman Art Studio (Candyman Entertainment LLC) on the understanding that the client has agreed to Candyman Art Studio graphic design terms of services.

Copyright is retained by Candyman Art Studio on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs for graphic design services have been settled.  

If a choice of design is presented, only one solution is deemed to be given by Candyman Art Studio as fulfilling the contract. All other designs remain the property of Candyman Art Studio, unless agreed in writing that this arrangement has been changed.  

   Project Acceptence  

At the time of proposal, Candyman Art Studio will provide the customer with a written estimate or quotation of graphic design services. 

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Candyman Art Studio. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Candyman Art Studio graphic design terms of services. No work on a project will commence until either document has been received by Candyman Art Studio.  

   Design Charges 

Charges for graphic design services to be provided by Candyman Art Studio, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Graphic Design Terms of Services, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Candyman Art Studio has received this amount for graphic design services. 

   Charges for Other Service

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. 

   Payment 

The customer will be provided with an Approval Form and/or Review of the work provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and submit the Approval Form to Candyman Art Studio. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 15% per month of the outstanding amount.

Payments for graphic design services may be made by cash, check, Major Credit/Debit Cards, Pay Pal, or Money Order and/or previously agreed electronic funds transfer.

Publication and/or release of work done by Candyman Art Studio on behalf of the client, may not take place before cleared funds have been received.

Returned checks will incur an additional fee of $50 per returned check. Candyman Art Studio reserves the right to consider an account to be in default in the event of a returned check.

   Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Candyman Art Studio shall be considered entitled to remove Candyman Art Studio and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for graphic design services, including, but not limited to, logo gesign, personal and business names design, web design and animations, flyers and banners, books and magazines, posters and calendars, billboards, business cards, design and maintenance, sub-contractors, printers, photographers and libraries. 

Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Candyman Art Studio reasonable legal expenses and third party collection agency fees in the enforcement of these Graphic Design Terms of Services.

   Copyrights and Trademarks

By supplying text, images and other data to Candyman Art Studio for inclusion in the customer’s business cards, flyers, pamphlets, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. 

Any artwork, images, or text supplied and/or designed by Candyman Art Studio on behalf of the customer, will remain the property of Candyman Art Studio and/or it’s suppliers. 

The customer may request in writing from Candyman Art Studio, the necessary permission to use materials (for which Candyman Art Studio holds the copyright) in forms other than for which it was originally supplied, and Candyman Art Studio may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Candyman Art Studio, the customer grants Candyman Art Studio permission to use this material freely in the pursuit of the design.

Should Candyman Art Studio, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Candyman Art Studio to remove and/or replace the file on the site. 

The customer agrees to fully indemnify and hold Candyman Art Studio free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions. 

   Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Candyman Art Studio holds no responsibility for any amendments made by any third party, before or after a design is published.

   Licensing

Any design, copywriting, drawing, idea or code created for the customer by Candyman Art Studio, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Candyman Art Studio and any of it’s relevant sub-contractors.

All design work where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Candyman Art Studio will not be held responsible for any and all damages resulting from such claims. Candyman Art Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Candyman Art Studio responsible for any such loss or damage. Any claim against Candyman Art Studio shall be limited to the relevant fee(s) paid by the customer. 

   Data Formats for Graphic Design Services 

The client agrees to Candyman Art Studio’s definition of acceptable means of supplying data to the company. 

Text is to be supplied to Candyman Art Studio in electronic format as standard text (.txt), MS Word (.doc) on floppy disc, or CD-ROM, or via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by Candyman Art Studio via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Candyman Art Studio will not be held responsible for any image quality which the client later deems to be unacceptable. Candyman Art Studio cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

   Design Project Duration 

Any indication given by Candyman Art Studio of a design project’s duration is to be considered by the customer to be an estimation. Candyman Art Studio cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Candyman Art Studio for the initial payment or by date confirmed in writing by Candyman Art Studio. 

   Rights of Access for Website Construction 

The client agrees to allow Candyman Art Studio all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Candyman Art Studio access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Graphic Design Terms of Services.

The customer agrees to supply Candyman Art Studio with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

   Design Project Completion

Candyman Art Studio considers the design project complete upon receipt of the customer’s Review and signed Approval form. Other services such as printing, display panel production, film work, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

   Design Credits 

The customer agrees to allow Candyman Art Studio to place a small credit on printed material exhibition displays, advertisements and/or a link to Candyman Art Studio’ own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow Candyman Art Studio to place websites and other designs, along with a link to the client’s site on Candyman Art Studio’ own website for demonstration purposes and to use any designs in its own publicity. 

   Rights of Refusal

Candyman Art Studio will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Candyman Art Studio also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Candyman Art Studio does include in all good faith, and then finds out that it contravenes these Graphic Design Terms of Services, the customer is obliged to allow Candyman Art Studio to remove the contravention without hindrance, or penalty. Candyman Art Studio is to be held in no way responsible for any such data being included.

   Cancellation 

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Candyman Art Studio will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Candyman Art Studio within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

   Disclaimer

Candyman Art Studio makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Candyman Art Studio will not be held responsible for any and all damages resulting from products and/or services it supplies. Candyman Art Studio is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Candyman Art Studio responsible for any such loss or damage. Any claim against Candyman Art Studio shall be limited to the relevant fee(s) paid by the customer. 

Candyman Art Studio reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms of Services. Candyman Art Studio will not knowingly perform any actions to contravene these and the client also agrees to be so bound. 

   General 

Candyman Art Studio reserves the right to change any rates and any of the Graphic Design Terms of Services at any time and without prior notice.

   Acceptance of Quotation and Graphic Design Terms of Services

The placement of an order for graphic design services and/or any other services offered by Candyman Art Studio and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Graphic Design Terms of Services and forms a Contract for Business between the signatory and Candyman Art Studio.

 

Web Development Terms of Services 


   Acceptance 

A copy of these Candyman Art Studio (Candyman Entertainment LLC) web development terms of services is submitted along with project quotations and must be agreed prior to work commencing. Alternatively, payment of an advance fee or payment online is an acceptance of Candyman Art Studio web development terms of services. These web development terms of services are always available on our website candymanartstudio.com for review.

   Charges 

Charges for web development services to be provided by Candyman Art Studio are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 7 days unless alternate timescales have been agreed beforehand with the Client. Candyman Art Studio reserves the right to alter or decline to provide a quotation after expiry of the valid timescale. 

All Web Development services costing $300 per hour and over will require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web development services do not cover the release of source Photoshop, Videos, Flash files, or Graphic Design services; if the Client requires these items then a separate quotation can be prepared.

   Client Review

Candyman Art Studio will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Candyman Art Studio otherwise within seven (7) days of the date the materials are made available to the Client. 

   Project Schedule and Content Control 

In the majority of projects, Candyman Art Studio will install and publicly post or supply the Client's Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by Candyman Art Studio. An alternate timescale can be agreed during the initial project discussion.

In return, the Client agrees to delegate a single individual as 'first-point-of-call' to aid Candyman Art Studio with completing the project in a satisfactory and expedient manner. 

During the project, Candyman Art Studio will require the Client to provide copy and images. If content is not provided within four (4) weeks of an official request by email then Candyman Art Studio reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Candyman Art Studio will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.

   Payment 

Invoices will be provided by Candyman Art Studio upon completion of the work for Web Development services and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within thirty (30) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after sixty (60) days then Candyman Art Studio will consider the account to be in default. 

   Default

If the Client in default has any information or files on Candyman Art Studio’s Web space, Candyman Art Studio can, at its discretion, remove all such material from its web space. Candyman Art Studio is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Checks returned for insufficient funds will be assessed a return charge of $50 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Candyman Art Studio reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Candyman Art Studio in enforcing these Candyman Art Studio Web Development Terms of Services. 

   Termination 

Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for web development services completed to the date of first notice of cancellation for payment in full within thirty (30) days. 

   Hosting Controls

Candyman Art Studio does not offer in-house hosting services. Candyman Art Studio can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Candyman Art Studio may request that clients change the type of hosting account used if that account is deemed by Candyman Art Studio to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and Candyman Art Studio are not liable for their payment.

   Copyright 

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Candyman Art Studio the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Candyman Art Studio permission and rights for use of the same and agrees to indemnify and hold harmless Candyman Art Studio from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for web site development and/or placement shall be regarded as a guarantee by the Client to Candyman Art Studio that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

   Media Delivery Requirements 

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-Rom, DVD, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by Candyman Art Studio to return to the Client any images or printed material provided for use in creation of the Client's Web site, such return cannot be guaranteed. 

   Access Requirements

If the Client's Web site is to be installed on a third-party server, Candyman Art Studio must be granted temporary read/write access to the Client's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

   Post Project Alterations 

Candyman Art Studio cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Candyman Art Studio may require a one-off Web Development services charge before resolving any issues that may arise. 

   Third Party Services

Candyman Art Studio may require the usage of third party services - for example, credit card processing - to complete the Client's project requirements and will ensure these services are integrated into the project and working correctly upon completion. Candyman Art Studio cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client's website and may require a one-off Web Development services charge before resolving any problems that may arise.

   Domain Names 

Candyman Art Studio cannot guarantee the availability of any domain name. Where Candyman Art Studio is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration. Candyman Art Studio may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Candyman Art Studio. For .ru domains, reminder emails will be sent out to the client before the domain expires at ninety (90), sixty (60), thirty (30) and five (5) days before expiration with a final email sent ten (10) days after the expiration date. Domains ending in .com, .org, and .net are automatically renewed ten (10) days before expiration. In this case, the Client must notify Candyman Art Studio that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Candyman Art Studio. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

   General

These Web Development terms of services supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Web Development Terms of Services. Payment online is an acceptance of Candyman Art Studio web development terms of services. 


Search Engine Optimization Terms of Services

   General

SEO is governed by many factors which are outside the direct control of Candyman Art Studio (Candyman Entertainment LLC) and indeed, any other SEO company. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time, with which we have no control over. As such, no SEO specialist can fulfill a 100% guarantee of getting your website ranked #1 organically on any major Search Engine for your desired keywords. 

Candyman Art Studio only use honest, ethical and completely legitimate techniques and accepted standards to improve your Search Engine Ranking – no tricks, no invisible text, no dodgy black hat methods. Some other SEO companies around the world use illegal software to spam Search Engines in order to improve the website rank quicker, but this usually results in a permanent ban of the website. By working with search engines and not against them, Candyman Art Studio ensures that clients have the best chance of achieving high organic search engine result page (SERP) rankings.

Candyman Art Studio will provide search engine optimization services with reasonable skill and care. Notwithstanding the previous sentence, the client acknowledges that Candyman Art Studio has no direct control over Search Engines and cannot guarantee the speed of performance of technologies provided by Search Engines in relation to the delivery of search engine optimization services.

The quantity and the description of search engine optimization services shall be as set out in the Candyman Art Studio SEO Project. 

Candyman Art Studio operates within the major Search Engines in The United States of America and worldwide. Listings will appear on either .com or .ru engines dependant on the website’s status, and the decisions of the Search Engines. 

   Hosting Controls 

The website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results. Candyman Art Studio cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website. (Back ups can be made at the client’s request.) 

Website downtime can severely affect SEO. Down time can potentially cost the client their ranking positions for their desired search terms, and even a short period of down time can affect Candyman Art Studio’ SEO efforts. If the client’s website experiences downtime due to server error, maintenance or any reason outside of the control of Candyman Art Studio for a period of more than 3 days, Candyman Art Studio will not be able to fulfill search engine optimization services requirements as set out in the Candyman Art Studio SEO Project.

In the event that the client's website becomes unavailable for any reason (eg if the server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure), the client will not hold Candyman Art Studio responsible for these errors. All/any traffic delivered to the client's website during this down time will not be credited or refunded. In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the ad campaign to be placed on hold. Upon resolution of the problem the held campaign will continue. 

The client acknowledges that there may be occasions when the client’s website or the websites of any third parties may be out of action for limited periods due to technical difficulties or routine maintenance of a third party server, and Candyman Art Studio shall not be liable to the client for any downtime of this sort. 

   Access

The client agrees to supply Candyman Art Studio with the necessary FTP and CMS backend access to the website in order to provide search engine optimization services and optimize the website unless otherwise negotiated. 

   Content

Search Engines change their inclusion policy ranking algorithms and methods all the time, and unless the site is maintained with necessary analysis, tuning and necessary alterations, a highly ranked site is unlikely to hold that position for very long. 

Ongoing Search Engine optimisation is important. Candyman Art Studio advises that regular, fresh content added to the website will help to improve the stability of rankings within search engines. By accepting this agreement, the client understands fully that regular, unique content plays an important part of the success of their website and that failure to add unique content will lessen the impact of the search engine optimization services provided by Candyman Art Studio.

   Search Engine Submission

The client gives permission for Candyman Art Studio to set, create and or set up relevant accounts with search engines on behalf of client, in order to fulfill its obligations under these search engine optimization terms of services. 

Search Engines will rank websites with their own differing strategies, so it's technically impossible to rank highly on all the major Search Engines at the same time. 

Some Search Engines use the algorithms and services of bigger Search Engines. The client acknowledges that any addition or alteration to the listing of the website in any Search Engine may affect the listing in other non-targeted Search Engines. 

Search Engines have differing scheduled times to crawl and index submitted sites into their database, ranging from hours to months. No SEO firm can speed up the process in any ethical way. 

   Changes

If during the SEO contract period between Candyman Art Studio and the client, the client uses a third party (other than Candyman Art Studio) for Search Engine optimization and / or associated workings, Candyman Art Studio cannot be held responsible for any consequential loss of listings or associated damages that may arise. 

The client must inform Candyman Art Studio of any alterations relating to the website by the client or a third party that may affect the search engine optimization services supplied by Candyman Art Studio, including but not limited to deletion, alteration or additions of URL addresses, URL redirects, Landing Pages and their content, confirmation pages and their content, and the removal, overwriting or deletion of any of our optimization changes. If alterations are made by the client or a third party to the client's site, Search Engine placements may be affected and Candyman Art Studio cannot be held responsible. Candyman Art Studio reserves the right to issue a charge to rectify any problems to regain listings. 

If, after signing with Candyman Art Studio, the client or a third party makes modifications to the website that use unethical SEO techniques to try and achieve high listings on the Search Engines (such as cloaking, hidden text, keyword stuffing, etc) or add pharmaceutical, gambling or pornographic links to the website that have no relevance to the website, Candyman Art Studio will issue a 7 day cancellation request. If the questionable techniques are not removed within that time, Candyman Art Studio will cancel the existing contract with immediate effect and all fees payable to Candyman Art Studio will be retained. Candyman Art Studio will not be held liable for the effects caused by the client or a third party using unethical techniques. 

   Refunds

Candyman Art Studio is under no obligation whatsoever to accept the cancellation of the search engine optimization services or cancellation of orders incorrectly placed.

   Material 

Candyman Art Studio reserves the right to refuse to handle: 

• Any media which is unlawful or inappropriate; 
• Any media which contains a virus or hostile program;
• Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming; 
• Any media which constitutes a criminal offence, infringes privacy or copyright; 
• Any other questionable media at Candyman Art Studio’ own discretion.

   Warranties and Liability

Candyman Art Studio warrants that the search engine optimization services will at the time of delivery correspond to the description given by Candyman Art Studio, either verbally or by means of the Candyman Art Studio SEO Project. 

The Client agrees Candyman Art Studio is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. 

The Client agrees Candyman Art Studio is not liable for absence of service as a result of illness or holiday.

Candyman Art Studio is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. 

Candyman Art Studio shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate the website, even if Candyman Art Studio has been advised of the possibility of such damages. 

There are sometimes laws and taxes which affect Internet ecommerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Candyman Art Studio from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.

Candyman Art Studio may from time to time recommend to the Client that updates are needed for their website to comply with, including but not limited to, new legislations, software releases and web standards. Candyman Art Studio reserves the right to quote for any updates as separate work. The Client agrees that Candyman Art Studio is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold Candyman Art Studio harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates. 

The Customer acknowledges that no promise, representation, warranty or undertaking has been made or given by Candyman Art Studio or any person or company on Candyman Art Studio’s behalf in relation to the profitability or any other consequences or benefits to be obtained from the delivery or use of the Software or as to its merchantability or fitness for any purpose or purposes whatsoever and the Customer has relied upon the Customer's own skill and judgement in deciding to acquire the Software for use by the Customer and the Customer hereby agrees to indemnify and keep indemnified Candyman Art Studio against all actions, costs, expenses, charges, claims or demands whatsoever whether at law or inequity which may arise out of the use by the Customer of the Software excepting always the rights conferred on the Customer pursuant to the Candyman Art Studio search engine optimization terms of services.

Candyman Art Studio will not be responsible for a failure to supply, perform or deliver, Software and Services in the event of any fact, circumstance, matter or thing beyond the reasonable control of Candyman Art Studio and shall be relieved of that obligation to the extent, and for the period, that it is unable to supply or perform the search engine optimization services or deliver the Software. 

To the fullest extent permissible by the law applicable to these Candyman Art Studio search engine optimization terms of services, Candyman Art Studio will not be liable for any personal injury, incidental damages, consequential losses, loss of profit or any like claims whatsoever arising from any use of, or incidental to, the Software. Without limiting this clause or any other clause in this Agreement, Candyman Art Studio will not be liable for any personal injury, incidental damages, consequential losses, loss of profit or any like claims whatsoever arising from or incidental to the use of the Software by the Customer. 

Candyman Art Studio retains rights to all source code that it develops. The customer will receive one license to use the product as they require. 

   Definitions of Search Engine Optimization Services

SEO: Search Engine Optimizations
FTP: File Transfer Protocol
CMS: Content Management System (ie Joomla!, Drupal, WordPress etc)
URL: Uniform Resource Locator (web address)
SERP: Search Engine Result Page