PUBLIC OFFER / TERMS OF SERVICE
This document constitutes a legally binding offer and agreement under the laws commonly applied in the United Kingdom, the European Union, and the United States.
1. PARTIES
This Public Offer (the Agreement) is issued by Saaryan Anastasia Leonidovna, acting as an independent self-employed contractor (the Retoucher).
By accepting this Agreement, any individual or legal entity (the Customer) enters into a binding contractual relationship with the Retoucher.
The Retoucher and the Customer are hereinafter jointly referred to as the Parties.
2. ACCEPTANCE AND FORMATION OF CONTRACT
2.1. This Agreement constitutes a public offer to provide photo retouching and related services.
2.2. The Agreement is deemed accepted and legally binding upon any of the following actions by the Customer:
- submission of an order or request;
- written confirmation via email, messenger, or social media;
- payment of an advance or full fee;
- checking a box confirming acceptance of these Terms and the Privacy Policy.
2.3. Acceptance constitutes full and unconditional agreement with all terms set forth herein.
3. DEFINITIONS
Work (s) — digitally retouched photographic images created by the Retoucher.
Services — photo retouching and image processing services as described in the Technical Assignment or Commercial Proposal.
Technical Assignment — written specifications defining scope, style, quality, deadlines, and deliverables.
Commercial Proposal — a written quotation outlining scope of work, pricing, timelines, and conditions.
References — visual materials provided for stylistic guidance only and not for exact replication unless expressly agreed.
4. SUBJECT OF THE AGREEMENT
4.1. The Retoucher agrees to provide Services and deliver the Works in accordance with the agreed Technical Assignment.
4.2. The Customer agrees to pay the agreed remuneration under the terms specified in the Commercial Proposal or written correspondence.
4.3. Any descriptions of services or pricing published on the website are for informational purposes only and are not binding unless expressly confirmed.
5. PERFORMANCE OF SERVICES
5.1. Services commence only after:
- written approval of the Technical Assignment; and
- receipt of the agreed advance payment.
5.2. Deadlines are calculated from the date all required materials, references, and feedback are received.
5.3. Delays caused by the Customer (including late materials or feedback) extend delivery deadlines accordingly.
5.4. Final delivery is made electronically via download link, email, or cloud storage in the agreed format.
6. REVISIONS AND ACCEPTANCE
6.1. The price includes up to three (3) rounds of reasonable revisions, provided they comply with the approved Technical Assignment.
6.2. Additional revisions or changes beyond the agreed scope are billed separately at the hourly rate communicated to the Customer.
6.3. The Customer must review the delivered Works within two (2) calendar days. If no written objections are received within this period, the Works are deemed accepted.
7. FEES AND PAYMENT TERMS
7.1. Fees are payable on a 100% advance basis, unless otherwise agreed in writing.
7.2. If milestone payments are agreed, final payment must be made before delivery of final files.
7.3. All payments are non-refundable once work has commenced.
7.4. The Customer is responsible for all applicable taxes, duties, and bank fees on their side.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Upon full payment, the Retoucher grants the Customer an exclusive, worldwide, perpetual license to use the Works for any lawful purpose, unless otherwise agreed.
8.2. Moral rights (where applicable) remain with the Retoucher to the extent permitted by law.
8.3. The Retoucher retains the right to display the Works for portfolio, self-promotion, marketing, competitions, and exhibitions, unless the Parties agree otherwise in writing.
9. IMAGE USE CONSENT
9.1. The Customer grants consent for the use of images containing the Customer or their minor children for promotional purposes as described in Clause 8.3.
9.2. This consent is granted on a worldwide, royalty-free, perpetual basis.
10. REPRESENTATIONS AND WARRANTIES
10.1. The Retoucher represents that the Services will be performed with reasonable skill and care consistent with professional standards.
10.2. The Customer warrants that they own or have lawful rights to all materials provided and that such use does not infringe third-party rights.
11. LIABILITY AND LIMITATION OF LIABILITY
11.1. Neither Party shall be liable for indirect, incidental, or consequential damages.
11.2. The Retoucher’s total liability under this Agreement shall not exceed the total fees paid by the Customer.
11.3. Unauthorized use of the Works entitles the Retoucher to compensation of 200% of the agreed fee.
12. TERMINATION
12.1. Either Party may terminate this Agreement by written notice prior to commencement of work.
12.2. If termination occurs after work has commenced, payments made are non-refundable.
13. DATA PROTECTION AND PRIVACY
13.1. Personal data is processed in accordance with applicable data protection laws, including the UK GDPR and EU GDPR where applicable.
13.2. Data is used solely for contract performance, communication, and billing purposes.
14. GOVERNING LAW AND JURISDICTION
14.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, unless otherwise agreed.
14.2. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. MISCELLANEOUS
15.1. This Agreement constitutes the entire agreement between the Parties.
15.2. Electronic communications and digital acceptances are legally binding.
15.3. If any provision is held invalid, the remaining provisions shall remain in full force.
Retoucher: Saaryan Anastasia Leonidovna
Email: Saaryan.nastya@gmail.com