Terms & Conditions  | Service/Product Policy

By using Empyrean Arts (https://empyrean-arts.com) and/or Deeper Still (https://deeper-still.com) and/or Kurt daSilva Photography (https://kurtdasilva.photography) website(s), you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using our website(s).

General Provisions

Empyrean Arts (https://empyrean-arts.com), Deeper Still (https://deeper-still.com) and Kurt daSilva Photography (https://kurtdasilva.photography) websites are owned and operated by Empyrean Arts. Our principal place of business is located in Mumbai, India.

You must be at least sixteen years of age to use our website(s). Use of our website(s) is at your own risk. We host our sites on a reputable platform and take reasonable efforts to maintain and host the site(s). However, we make no explicit representations or warranties as to the safety or your individual use of the website(s). The Terms and Conditions contained on this page is subject to change at any time.

Intellectual Property Rights

All images, text, designs, graphics, resources, memberships, trademarks and service marks are owned by and are the property of Empyrean Arts, or the properly attributed party. It is a violation of law to use any of our intellectual property in whole or in part, and modification of any materials contained on our site(s) is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may use our intellectual property with clear and obvious credit back to our site(s), as well links back to the page(s) where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.

Communication by you

Any communications made through our contact form(s), blog(s), blog(s) comments, newsletter sign up(s) or other related page(s), or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website(s), servers, comments, emails or other media as allowed by law, and will not give credit or pay royalties for unsolicited user-generated content such as blog(s) comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy section.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libellous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimer

Our website(s) and related materials are provided for informational use only. You agree to indemnify and hold harmless our website(s) and company for any direct or indirect loss or conduct incurred as a result of your use of our website(s) and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on our website(s), you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on our website(s). If you have medical, legal or financial questions, you should consult a medical professional, lawyer or Chartered Financial advisor. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using our website(s), related materials, products, courses or the materials contained herein.

Our website(s) is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using our website(s) is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us using our website(s) contact form.

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our website(s) or related communications.

Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website(s) and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website(s), and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

SERVICE/PRODUCT POLICY:

We’ll always do our best to fulfil your needs and meet your expectations. But it’s important to have things written down so we know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. We want what’s best for both parties, now and in the future.

In short, you are purchasing products from us and/or hiring us for Services (Graphic Design and/or Website Design and/or Business Branding Collaterals and/or Product Photography) with the estimated total price outlined on the website(s) for products and/or in the quotation/proposal provided to each client for services offered.
 
PRODUCTS

Returns and Refunds

Digital products purchased from our website(s) are not eligible for returns and/or refunds.

Usage / License Policy for Purchases from https://deeper-still.com

All images in the Deeper Still image catalogue are considered (non-commercial) “royalty free” stock images. You may purchase a Standard and/or Extended License for Non-Commercial use only. Any commercial or for-profit usage of Content is prohibited. Here’s what that means!

"Commercial" use is any use: (1) that involves an exchange of money or other consideration, (2) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (3) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the image. If any one or more of the criteria listed in (1), (2), and (3) is met, then the use is deemed “Commercial”.
Non-commercial use is a use that is for personal purposes only. If the use meets one or more of the “Commercial” bullet points above, it qualifies as “Commercial” use.

Standard License - Images are available for purchase and use WITH "@LifeDeeperStill" Social media handle. These images can only be used for non-commercial use.

Extended License - Images are available for purchase and use WITHOUT "@LifeDeeperStill" Social media handle. Under this license, purchaser may crop the image and overlay the image with text as fits Purchaser's needs, but Purchaser may not otherwise alter, edit or manipulate the image. These images can be used by churches/fellowships or for any other non-commercial use.

Empyrean Arts remains the sole and exclusive owner and holder of the copyright in the image and the Purchaser may not sell, lease, loan, transfer, assign, or give away the image or a derivative thereof or otherwise allow a third-party to use the image in any way.
If you want to use our products for Commercial use, please email us using the website(s) contact form or info@empyrean-arts.com so we can work out further details.

Usage / License Policy for Purchases from https://empyrean-arts.com and https://kurtdasilva.photography

All images in our image catalogue are considered “royalty free” stock images. You may purchase a Standard and/or a Commercial License and/or an Extended Commercial License. Here’s what that means!

"Commercial" use is any use: (1) that involves an exchange of money or other consideration, (2) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (3) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the image. If any one or more of the criteria listed in (1), (2), and (3) is met, then the use is deemed “Commercial”.
Non-commercial use is a use that is for personal purposes only. If the use meets one or more of the “Commercial” bullet points above, it qualifies as “Commercial” use.

Standard License - The licensed asset can appear in non-commercial project.
Can be used for:
End Products Not For Sale
One personal social media account with non-commercial activities
Cannot be used for:
End products for sale
Business social media accounts 
Physical or digital paid advertisements
Native apps, web apps, or games

Commercial License - The licensed asset can appear in up to 5,000 end products for sale.
Can be used for:
Up to 5,000 physical or digital end products for sale
One business social media account owned and managed by the licensee
Unlimited physical advertisements for local markets
Digital paid advertisements with unlimited impressions
Broadcast and streaming for up to 500,000 lifetime viewers
Cannot be used for: Native apps, web apps, or games

Extended Commercial License - The licensed asset can appear in up to 250,000 end products for sale
Can be used for: 
Up to 250,000 physical or digital end products for sale 
Unlimited business social media accounts owned and managed by the licensee
Unlimited physical advertisements for local, national, and global markets
Digital paid advertisements with unlimited impressions
Broadcast and streaming for unlimited lifetime viewers
One native app, web app, or game downloaded or sold up to 250,000 times

Empyrean Arts is either (1) the sole and exclusive owner of all Content found on our site(s) (including any photographs, images, vectors, moving images, animations, films, videos, audiovisual works or any other media together with any associated keywords, metadata and/or titles) and holds the copyright of all such Content sold in the image/product catalogue or distributed through the Subscription; or (2) has the exclusive rights to license and reproduce, display, sublicense, sell, market, or otherwise distribute all such Content found on our website(s) in stock photography format.  

As a Subscriber to the site(s), You may not transfer the subscription, transfer the Content files, sell, lease, assign, or give away any Content or anything similar thereof to a third-party. By becoming a subscriber you acknowledge that your subscription is a non-exclusive limited use aligned to the specific license terms and conditions purchased of Content provided by Empyrean Arts on our website(s).

Likewise, if purchasing individual Content via the website(s) (instead of being a subscriber) you understand that as a Purchaser, all Content comes with a standard, commercial or extended commercial license as applicable that is similarly held by all purchasers of the same Content.

Finally, you may not use Content in any way that allows others to download, extract, or redistribute the Content (e.g., you may not include any such Content in a website(s) template for use by others without written permission from Empyrean Arts). You may not use Content in a defamatory or other unlawful manner. You may not use our Content as part of a trademark, design mark, trade name, business name, service mark, or logo.  

If you have any questions about the legal usage of our Content, please do not hesitate to reach out to us using the website(s) contact form or email us at info@empyrean-arts.com and we will be happy to help!

SERVICES

Quotation/Proposal 

The quotation/proposal provided to each client for Services (Graphic Design and/or Website Design and/or Business Branding Collaterals and/or Product Photography) forms a part of these terms, and is valid for thirty (30) days from its issue date. The figures in the quotation/proposal are minimum estimates for the project - the final amount payable will be indicated on our invoices issued in the course of this project, taking into account factors including rush fees, expenses paid on your behalf, and any changes to the project scope (all of these are explained below). If there’s no change to the project scope, it is unlikely that the final amount payable will differ greatly from our estimate.

Project Schedule

We’ll do our best to meet the project deadlines outlined in the quote/proposal. That said, our ability to do this depends on you giving us everything we need to complete the project in the format that we need it, as and when we need it. You’ll review our work and provide feedback and approval in a timely manner too, but we recognise that creativity does not follow a schedule, we will provide a tentative timeline in our proposal basis individual project scope.

Payment Schedule & Invoices

You agree to stick to the payment schedule outlined in the quotation/proposal, and to pay our invoices in accordance with the terms stated on the invoice, or, if no terms are stated, within five (5) business days of receipt including weekends. You will need to pay for your own bank charges, administrative fees and/or other costs payable in connection with remitting any payments to us.

Amendments to our work

We provide one (1) round of amendment to our work at no extra charge, as long as the changes requested do not substantially alter the original project scope, nature or purpose; and as long as you have not already given us your final approval for the piece of work concerned. Any other kinds of amendments are considered a change in the project scope, which is explained below.

Changes to Project Scope

We recognise that you may have new ideas which you may want to include later on, and we’ll be able to accommodate you. Inform us of the changes or additions, and if they are not already provided for in the existing quotation given, we will provide a separate quotation to cover them.
We understand that there may be urgent changes to the project scope that need to be carried out right away. You can request and approve an oral quote in order for us to start work on urgently needed changes, and we will follow up with an invoice later on.

Response time & Communication

Please see quotation/proposal provided for the project-specific turn around time. The majority of Empyrean Arts/Client communication is normally via email. We will not take design instruction or changes via telephone.

The Client agrees to provide timely responses to us after receiving status notifications, work for review or requests for information.

If the client has failed to respond after 30 days, we will automatically deem the project complete or cancelled, archiving any files and removing the project from our open system. At such time, Empyrean Arts shall have no further obligation to the client, and the client shall lose any investment already paid to Empyrean Arts as well as any design work. Any design work presented to the client for review up until this date will remain our property. Special circumstances will be taken into consideration and applied at the discretion of Empyrean Arts.

We will use all reasonable efforts to meet tentatively quoted/proposed completion dates. However, creativity cannot be limited by time hence we will not be liable in cases of late reporting, however caused, nor shall lateness be deemed to be a breach or an act of negligence.

Cancellations

You can cancel this contract at any time by informing us in writing at least fourteen (14) business days in advance. Likewise, we can cancel this contract any time, by informing you in writing at least fourteen (14) business days in advance.

Cancellation does not affect any benefit or right that you or we become entitled to beforehand. So regardless of cancellation, you will pay us for any outstanding invoices and for work already done but not yet invoiced. 

If a project is cancelled by Empyrean Arts due to unforeseen circumstances, the client will be provided a full refund in a timely manner.

Our rights before payment of the final project invoice

All originally created deliverables, in draft and final form, are wholly owned by us prior to full payment of the final project invoice by you. This means that if the project is cancelled before completion, we retain ownership of everything, and no rights are granted to you to use them.

Final Delivery

For Product Photography projects, 
We will deliver to you the digital files containing the final project deliverables within seven (7) business days after you approve them, and after you’ve paid all our outstanding invoices. 

Product photos on a solid white background (RGB 255,255,255) with reflection (if requested) will be provided in high resolution JPEG image format at 300 dpi. (min 3000x3000 pixel) These files will be large enough for most print mediums. Transparent background images (if requested) will be delivered in PNG (and PSD if requested) format at 300 dpi. Quick photo delivery via download link and free image storage on the Cloud for up to 21 days will be facilitated.

For Graphic Design projects,
We will deliver to you the digital files containing the final project deliverables within seven (7) business days after you approve them, and after you’ve paid all our outstanding invoices. The files will be delivered in Adobe Illustrator/Photoshop, PNG and JPG formats in print-ready vector file format.

For Website Design projects, 
After the final website design approval (Private view) and outstanding invoice payment, the Website will be made 'Live’ for public viewing within three (3) business days. 

All files/access details required for the website to function properly will be provided to you within five (5) business days after Website Go-Live date.

Proofing

The client must proof all documentation and images prior to completion. Any amendments required after completion may be subject to charge. While Empyrean Arts takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any. “The Client” must proof and approve all artwork prior to completion of finalised files. The confirmation of the Client shall be conclusive as to the approval of all.

What you can do with the designs after payment of the final project invoice

For Product Photography projects,
Upon payment of all our outstanding invoices for the project, and in exchange for such payment, we assign to you a royalty-free licence to use the deliverables for the uses stated in the quotation/proposal, without any changes or additions (except that you can make the designs smaller or larger for printing or display purposes).

In exchange, you grant us a royalty-free and permanent licence to use representations of the photos in our portfolio (in all types of media) as a sample of our past works, in trade publications, educational material, to promote ourselves, and for competitions. 

You’ll be entirely responsible for making sure the product photos are free for you to use and/or register as a trademark, and that they don’t infringe anyone else’s rights - we cannot and do not accept any liability for these matters. We’ll sign any documents that are reasonably needed to confirm or evidence that you own the product photos, provided you bear any legal and other fees that are incurred by either you or us in the process.

We remain the owners of all rights in the deliverables in draft and final form, as well as of the works used to create them (except for materials that you provided, or that are owned by third parties), and are free to use them in future.
 
For Graphic Design projects,
If we designed a trademark (in logo and/or tagline form) as part of your project, then, as far as the trademark is concerned:

Upon payment of all our outstanding invoices for the project, and in exchange for such payment, we assign to you all right, title and interest in the trademark (except our rights against false attribution as authors under the Copyright Act, moral rights and their worldwide equivalents).

In exchange, you grant us a royalty-free and permanent licence to use representations of the designs and tag lines in our portfolio (in all types of media), as a sample of our past works, in trade publications, educational material, to promote ourselves, and for competitions.

You’ll be entirely responsible for making sure our designs and tag lines are free for you to use and register as a trademark, and that they don’t infringe anyone else’s rights - we cannot and do not accept any liability for these matters. We’ll sign any documents that are reasonably needed to confirm or evidence that you own the designs, provided you bear any legal and other fees that are incurred by either you or us in the process.

For all other deliverables created by us:

Upon payment of all our outstanding invoices for the project, and in exchange for such payment, we grant you a royalty-free licence to use the deliverables for the uses stated in the quotation, without any changes or additions (except that you can make the designs smaller or larger for printing or display purposes).

If you want to put the deliverables to additional uses, or make changes to them, additional fees will apply, and we might have to obtain additional licences from third party vendors - contact us and we’ll be happy to work out some terms with you. Otherwise we will have to look to you to cover us for any damage, legal fees and consequences if you put the deliverables to additional uses without our prior authorisation.

We remain the owners of all rights in the deliverables in draft and final form, as well as of the works used to create them (except for materials that you provided, or that are owned by third parties), and are free to use them in future.

For websites designed by us, we reserve the right to embed Site design credit on the website and other collaterals designed.
 
Expenses paid on your behalf

You will reimburse us for costs that we incur in order to complete your project, including charges for shipping & returns, government fees, taxes, license fees etc as applicable. We will include these charges in our invoices to you so you know exactly what was involved. 

Shipping & Returns for Product Photography projects

Shipping and returns are at your cost.
If you are located in or around Mumbai, you may hand deliver (or courier) your product to our studio, and pick it up after the order is complete and closed. 

If you’re based outside Mumbai (or India), you may ship the product over to us and arrange for return shipping by the same courier service that delivers your product to us. 

If you would like us to arrange a complete shipping solution (pick-up and return of your product), we can have our partner courier service arrange for the same. The collect cost of shipping and return will be included on your invoice. 

Alternatively, we can donate your (reusable) products to a local charity or discard them if you don’t want them back. Due to import and export regulations, return shipping is limited to select Indian addresses. You will have to arrange for shipping and return of your product. 

If you have unusually large or heavy products, please contact us with details prior to arranging shipping. 

Let us know what you intend to have us do with your products within 15 days after your photoshoot order is closed (return, dispose, donate), or we will dispose of them for you.

Materials provided by you for Product Photography projects,

While we will take utmost care of every product, we cannot guarantee or be held liable for damage/loss of/to Products during the shoot. 
Where you provide us materials in the course of the project, you guarantee that you own them or have been given permission to use them. Ownership of these materials will remain with you (or the persons who licensed them to you) at all times. You grant us a royalty-free licence to use them for the project and to retain copies in our business records.

We will not be responsible for any damage or consequences if the materials you provided infringe someone else’s rights or are unlawful or illegal. You will indemnify us and pay for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to your materials being infringing, unlawful or illegal in any country.

Rush Fees

The quotation attached does not cover any work that has to be rushed ahead of the project schedule, or work outside the project scope that is to be executed on a rush basis. 'Rush' work means work that you request us to complete within one (1) week of your request. 

Our rush service fees are charged at a premium basis of 150% (one hundred and fifty per cent) of the amount stated in the attached quotation (or, if not previously quoted, of our standard charge) for the type of work requested.

Non-payment & Refunds

We’re sure you understand how important it is as a business that we get paid promptly for our invoices. We rarely have any late payment issues with our clients, but we need to protect ourselves too. So in the unlikely event that any of our invoices is not paid on time, we may charge a late fee, as stated on the invoice, or, if no terms are stated, amounting to five per cent (5%) of the amount owing for every seven (7) days including weekends (or part thereof) that it remains unpaid.

We also may choose to cancel the project immediately, suspend work till payment is received (including stopping ongoing work, removing unpaid material, and/or take legal action to recover our fees and any lawyer’s charges for doing so. 

Due to the nature of designs and services, all charges paid to Empyrean Arts and purchases from our website(s) (https://empyrean-arts.com, https://deeper-still.com and https://kurtdasilva.photography) are non-returnable and non-refundable.

Confidential Information

“Confidential Information” means information that is marked as secret or confidential, or which, based on the circumstances in which it was disclosed, ought to be treated as confidential.

In the course of this project, we may receive from you (and you from us) Confidential Information. If either you or us receive from the other Confidential Information, the receiving party agrees to keep the Confidential Information secret, ensure that its agents and employees keep it secret, and not disclose it to any other person, organisation or entity (unless absolutely necessary by law).

However, the receiving party may use or disclose Confidential Information received from the other in order to comply with a court order, law or regulation, direction of a governmental or statutory authority. The receiving party may also use or disclose Confidential Information that entered the public domain due to no fault of that party, or that was disclosed to the receiving party by another source lawfully and without any obligation of confidentiality.

Limits on Liability

While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for. We provide the deliverables to you on an as-is basis, and we make no promise or guarantee that they will be fit for, or achieve, any particular purpose. We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence in which case, the maximum damages payable to you in any event will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.

Specifically, we will not be responsible or liable to you for damages or loss caused by:
your use of the designs and deliverables in ways that are not covered by the licences we grant to you;
anything done by us on your instructions, or using material you provided to us;
any breach of these terms and conditions by you;
any legal, governmental, contractual or other approvals that were required but which you did not obtain, 
and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions. 

Force Majeure

Neither you nor we shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service). 

No transfer of this contract

You cannot transfer, assign or novate this contract, the licenses given under or in connection with it, or any other parts of this contract to anyone else without our advance permission in writing, which we may choose to give subject to additional conditions.

We cannot transfer, assign or novate this contract without your advance permission in writing, except to a company or business in which we or our ultimate owners have a majority ownership interest. 

By signing this contract or by expressing your confirmation on the quotation/proposal in writing (on paper or in electronic form), you agree to all the terms and conditions of this contract, which is effective from the most recent date that appears in the signing page or email.

Severability

If any part of these Terms & Conditions, Service/Product Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Entire Agreement

The information contained herein constitutes the entire agreement between clients/customers and Empyrean Arts relating to the services and products provided on our website(s) - https://empyrean-arts.com and/or https://deeper-still.com and/or https://kurtdasilva.photography. Empyrean Arts may amend these terms and conditions at any time without prior notice.

Law and Jurisdiction

These Terms, Conditions and Service Policy are governed by and construed in accordance with Indian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Mumbai, India.

Contact Information
Name: Kurt daSilva
Tel: +91 80801 01612
Email: Use our website(s) contact form or info@empyrean-arts.com
Business Address: B-403, Dharmendra CHS, Holy Cross Road, I C Colony, Borivali West, Mumbai 400103, Maharashtra, India.

Updated: November 2019
Signed by: Empyrean Arts






Send
how can we help you?
email
last name
first name

We generally respond to messages within a day, Monday - Friday. Your message is important to us, if you don't receive a response, feel free to email us directly or send a message again. We are happy to help.

Thank you!
You can expect to hear from us soon.

In the meanwhile, we'd love to connect with you on Social Media, 
@EMPYREANARTCO

CLICK TO SCHEDULE - COMPLIMENTARY STRATEGY CONSULTATION!

More About

Frequently Asked Questions

+ I cannot find the service I require listed on the website: Feel free to write us at info@empyrean-arts.com or direct message us and we would be happy to help.

+ How does Product Photography work: On enquiry, we send across the detailed process mapping for this service including shipping to our studio, returns, digital download portal etc.

+ How long will my project take to complete: We provide an estimated timeline at the onset of every project. General turnaround time is 2 - 3 weeks depending upon the services required however we depend on your timely information being provided to us.

+ What is the pricing for Services: Post your enquiry, during the complimentary strategy consultation, we help you identify services best suited to your need & share associated pricing.

+ Do you offer Payment Plans:  Yes, for all custom design projects, write to us for further details.

Empyrean Arts is  a design and branding studio specialising in product photography, custom logo, business branding, graphic and web design for entrepreneurs, non-profits and businesses worldwide!

em·​py·​re·​an meaning the highest heaven, thought by the ancients to be the realm of pure fire.

@EMPYREANARTCO