Agreement on Terms and Conditions of Sale and Design Services (Store Policy)
1. OVERVIEW
This Agreement on Terms and Conditions of Sale and Design Services, or Store Policy (the Agreement) is entered into on the date of a purchase on the levista.art website (the Site) and is made effective as of that date,
between
LeVista UAB, a company incorporated under the laws of Lithuania with company registration No. 121882641 with its registered office at V. Gerulaičio g. 1-1, Vilnius, LT-08200, Lithuania, owner and operator of the Site, hereinafter referred to as the “Designer”;
and
the legal entity or individual whose details are entered into the “Billing Details” form for the purchase on the Site, hereinafter referred to as the “Client”;
the Designer and the Client are hereinafter collectively referred to as the “Parties” and individually also as a “Party”.
The Agreement sets forth the general terms and conditions of the sale of a product in the form of a graphic work, comprising its specified components and related applicable design service, and presented on its product detail page of the Site (a Product), and the properties of each type of Product, and is in addition to (not in lieu of) the specific terms and conditions that apply to a particular Product.
Purchase of a Product signifies that the Client has read, understands, accepts and agrees to be bound by the Agreement, the specific terms and conditions of the Product, and any other policy or agreement set forth on the Site, including Privacy Policy and General Terms.
2. SUBJECT MATTER OF THE AGREEMENT
2.1 General terms and conditions for all Products
A. Principles
The Client understands and agrees that any Product represents a design concept or idea expressed in graphic form and reflects the Designer’s view of the Client’s brand (product, service or occupation) in the Product, its components or any additional product, component or service to the Product at the Client’s request. The Client agrees that the Designer has its own design style and the Client approves the use of this style in a Product and its components, or any additional product, component or service to the Product at the Client’s request.
The Designer sells a Product to the Client as a unit in accordance with the provisions of the Agreement and the terms and conditions set forth in the Product. The Client shall not substitute components of the Product for others from different Products, or add components to or delete them from the Product.
The Designer may use third-party content with a free (open) license for commercial use (e.g., free Google fonts) (the Free Third-party Content) in a Product or its components, or any additional product, component to the Product at the Client’s request.
A Product is limited to the components expressly stated in this Product. However, given that the perception of any descriptive adjective (e.g. beautiful, elegant, modern, minimalist, classic) is subjective, and this adjective may have numerous definitions and is difficult to quantify, the Designer applies its understanding of the descriptive adjective used in the description of the Product to the Product and that adjective is non-guaranteed part of the Product or any of its components. Therefore, a Product is limited to the extent of the objective measurable components listed (e.g. x number of logos, x number of avatars for social media).
A Product is single-concept, i.e. the Designer does not offer the option of choosing a concept. No right to revision, amendment or request for a change is included in a Product except as expressly specified in the description of the Product.
B. Purchase
By purchasing a Product, the Client agrees to pay the Designer the price for this Product (a Price) in full at the time of purchase and prior to delivery of the Product, and to accept the purchased and delivered Product.
By paying the Price, the Client places an order for the Product to the Designer (an Order).
A Price does not include VAT.
Prior to payment for a Product, the Client completes the Designer’s questionnaire (linked to the “Billing details” form) on the Client’s specific preferences or objectives, information and data about the Client for this Product (a Brief).
C. Delivery
The Designer delivers a Product to the Client in accordance with the terms and conditions and delivery time set forth in the description of the Product.
If the Designer determines that the Client must provide the Designer with additional information or take action for the Designer’s proper performance of a Product, the Designer requests that from the Client in writing. The Designer extends the delivery time set out in the description of the Product for the period during which the Client, in writing, provides the Designer with such information or informs the Designer of the action taken, or informs the Designer of the absence of such information or impossibility of taking such action in writing.
Any Product, including its components, or an additional product, component or service to the Product at the Client’s request is in digital form. The Designer delivers them to the Client by email either in a computer file or a set of computer files, or by a direct download link to this file or set of files if the file or set exceeds 64 MB in size. Given the digital form, the Client must properly download or transfer the file or set of files to a personal computer or drive within 30 days of the delivery of the link. If a Product is available for instant delivery upon purchase (the Product is downloadable from the Site after purchase), the Client must properly download or transfer one or more files containing the Product to a personal computer or drive within 30 days of purchase.
The Designer does not deliver Products or their components in any form other than digital. The Designer also does not deliver any mockups used for demonstration purposes on physical media or items. The Designer will decline any request for such delivery without consideration or response.
A Product, except for a Product available for instant delivery upon purchase, is deemed to be delivered by the Designer and accepted by the Client once the Designer has emailed either a computer file or set of computer files (in the file formats specified in the description of the Product) containing the Product or a direct download link to this file or set of files to the Client.
A Product available for instant delivery upon purchase is deemed to be delivered by the Designer and accepted by the Client once the Client has downloaded one or more files containing the Product from the Site, or 30 days have passed from the date of the purchase.
D. Support after delivery
The Designer has no obligation to respond to questions on a Product or to advise the Client on its use after the purchase of the Product. The Designer has no obligation to provide any further support, including counselling, for a Product, any additional product, component or service to the Product at the Client’s request once the Client has accepted the Product, the additional product, component or service to the Product at the Client’s request unless the Client agrees otherwise with the Designer in writing.
E. Return policy
Any Product or any additional product, component or service to the Product at the Client’s request is final sale. All Products, or additional products, components or services to the Product at the Client’s request are ineligible for a refund, exchange, or cancellation.
No claim shall be made for return of any Product delivered, or additional product, component or service to the Product at the Client’s request.
F. Moral principles of the Designer
According to the Designer’s moral principles and standards, the Designer does not provide any services to the following business activities:
- Any kind of gambling, including digital one, and activities associated with it;
- Tobacco and its consumption, tobacco industry, including vapes, e-cigarettes, etc.;
- Any kind of lotteries; and
the Designer does not create products containing vilifying information or humiliating, insulting comments and remarks aimed at competitors or any other third persons.
If the Client purchases any Product that includes related design service and the Designer deems that the Client indicates any of such business activities in the Brief or such information, comments, remarks therein, the Designer may cancel this Order. If the Designer cancels the Order, the Designer returns the Price less all bank and payment system charges applicable to the receipt and return of the Price. The Designer informs the Client of this decision in writing.
2.2 Types of Products and properties of each type
A. Start Brand
The Product named “Start Brand” (the Start Brand) is a type of custom-made budget Product for the Client. Logo design in this this Product aims to create a logo expressed in the form of a graphic sign or symbol.
By purchasing the Start Brand, the Client wishes to engage the Designer to provide graphic design services and create the Start Brand, and the Designer agrees to provide such services and create the Start Brand for the Client in accordance with this Agreement and the specific terms and conditions of the Start Brand.
The Start Brand is comprised of (a) graphic creative components developed by the Designer, the Designer’s selection, arrangement and coordination of these components together with Free Third-party Content, exclusively for this Product, such as a sign, symbol, designed letter, text or a combination of designed letters, compilation of typography (selection of a font or a compilation of fonts), colour scheme (palette), image or any other visual graphic representation (individually a Deliverable, or collectively the Deliverables) for the Client’s brand (product, service or occupation), and (b) a demonstration component – PDF presentation of the Start Brand, (c) an instruction component – Style Guide to the Start Brand. The Designer specifies a list of the Deliverables in the description of the Start Brand.
The Deliverables of the Start Brand are logically or consistently arranged or combined, and united as, or form or perceived as a whole in the Start Brand so that the Start Brand represents and conveys a particular idea or a concept of design for a brand (product, service or occupation) of the Client and serves to create and represent visual unity and a unique image of the Client’s brand (product, service or occupation). The component “Style Guide” is a document containing a set of rules, recommendations or instructions that define the use of the Start Brand.
The Designer takes account of the information and data provided by the Client in the Brief and bases its design on this information and data to create the Start Brand and develop each Deliverable in it. The Client may also make special requests (where applicable) for the Start Brand before the Designer commences to perform the Start Brand. The Designer grants any request at its discretion, and granting such requests is not the Designer’s responsibility or obligation. The Designer has no obligation to respond to these requests.
Prior to the purchase of the Start Brand, the Client selects a start date for the Designer to perform the Start Brand for the Client from the available start dates designated as Start Date. The Designer delivers the Start Brand in accordance with the delivery time specified in the description of the Start Brand. The delivery time starts counting from the selected start date. The Designer may set different Prices depending on a start date of the Start Brand.
A “Fast” option of the Start Brand. If the Client purchases the Start Brand at the Price for this option, the Designer commences to perform the Start Brand on the next business day after the Designer receives the Price for this option in full. The Designer delivers the Start Brand in accordance with the delivery time specified in the description of the Start Brand. The delivery time starts counting from the receipt of the Price for this option by the Designer. The Client may use the “Fast” option if it is available on the Site.
The Client may need an additional product in the form of an original graphic work for a specific use, for example design of a template of a business card, leaflet, flyer, envelope, letterhead (a Template Deliverable), or an additional Deliverable, or services. The Client may request the Designer to create one or more Template Deliverables, additional Deliverables or services (individually and collectively, the Additional Deliverables) to the Start Brand once the Client has paid the Price. The Designer will decline any request for the Additional Deliverables without any consideration or response unless the Client fully pays for the Start Brand. The Designer creates the Additional Deliverables for an extra hourly fee at the Client’s written request if the Designer confirms via email that it agrees to perform the request. The Designer agrees the details, fee and deadline for creation and delivery of the Additional Deliverables with the Client by email of the Designer client@levista.art and the Client. The Client pays this fee once the fee is agreed. The Designer commences work on the agreed Additional Deliverables once the Designer has received the fee and completed work on the Client’s Start Brand. The Additional Deliverables to the Start Brand are deemed to be delivered by the Designer and accepted by the Client once the Designer has emailed either a computer file or set of files containing the agreed Additional Deliverables, or a direct download link to this file or set of files to the Client.
The Additional Deliverables are deemed an integral component of the Start Brand.
B. Visual Identity with Monogram Logo
The Product named “Visual Identity with monogram logo” (the Monogram Logo) is a type of custom-made budget Product for the Client. Logo design in this Product aims to create a logo expressed in the form of arranged or coordinated letters that are designed or modified by the Designer.
By purchasing the Monogram Logo, the Client wishes to engage the Designer to provide graphic design services and create the Monogram Logo, and the Designer agrees to provide such services and create the Monogram Logo for the Client in accordance with this Agreement and the specific terms and conditions of the Monogram Logo.
The Monogram Logo is comprised of Deliverables for the Client’s brand (product, service or occupation). In addition to the Monogram Logo, the Client may order an instruction component – Style Guide to the Monogram Logo. The Designer specifies a list of the Deliverables and the cost of Style Guide to the Monogram Logo in the description of the Monogram Logo.
The Deliverables of the Monogram Logo are logically or consistently arranged or combined, and united as, or form or perceived as a whole in the Monogram Logo so that the Monogram Logo represents and conveys a particular idea or a concept of design for a brand (product, service or occupation) of the Client and serves to create and represent visual unity and a unique image of the Client’s brand (product, service or occupation). The component “Style Guide” is a document containing a set of rules, recommendations or instructions that define the use of the Monogram Logo.
The Designer takes account of the information and data provided by the Client in the Brief and bases its design on this information and data to create the Monogram Logo and develop each Deliverable in it. The Client may also make special requests (where applicable) for the Monogram Logo before the Designer commences to perform the Monogram Logo. The Designer grants any request at its discretion, and granting such requests is not the Designer’s responsibility or obligation. The Designer has no obligation to respond to these requests.
The Designer commences to perform the Monogram Logo on the next business day after the Designer receives the Price in full. The Designer delivers the Monogram Logo in accordance with the delivery time specified in the description of the Monogram Logo. The delivery time starts counting from the receipt of the Price by the Designer.
A purchase of the Monogram Logo is subject to the availability of this Product on the Site.
C. Premade Brand
A Product stated in its description as “Premade Brand” or designated by the words “Premade Brand” and having a specific name (a Premade Brand) is a type of Product designed for a specific type of business, brand, product or service and the Designer sells this Product once to one Client only.
The Client purchases a Premade Brand in accordance with this Agreement and the specific terms and conditions of the Premade Brand for the Client’s own activity.
The Deliverables of a Premade Brand are logically or consistently arranged or combined, and united as, or form or perceived as a whole in the Premade Brand so that the Premade Brand represents and conveys a particular idea or a concept of design for a brand (product or service) and serves to create and represent visual unity and a unique image of the brand (product or service).
A Premade Brand is comprised of the finished Deliverables specified in the description of the Premade Brand, and the Designer sells the Premade Brand in finished form as a unit ready for use by the Client. The Designer includes a component “Style Guide” in a Premade Brand if the Designer expressly specifies that component as part of the Premade Brand in its description. The component “Style Guide” is a document containing a set of rules, recommendations or instructions that define the use of the Premade Brand.
If a Premade Brand contains an option of an applicable design service expressly specified in the description of the Premade Brand and the Client applies this option, the Designer commences to perform that design service once the Designer has received the Price. The Designer derives the data for that design service from the Brief. The Designer delivers the Premade Brand in accordance with delivery time set forth in the description of the Premade Brand due to that design service. Otherwise, the Designer delivers a Premade Brand within two business days of the Designer’s receipt of the Price.
The Client may request the Designer to create the Additional Deliverables to a Premade Brand once the Client has paid the Price. The Designer will decline any request for the Additional Deliverables without any consideration or response unless the Client fully pays for the Premade Brand. The Designer creates the Additional Deliverables for an extra hourly fee at the Client’s written request if the Designer confirms via email that it agrees to perform the request. The Designer agrees the details, fee and deadline for creation and delivery of the Additional Deliverables with the Client by email of the Designer client@levista.art and the Client. The Client pays this fee once the fee is agreed. The Designer commences work on the agreed Additional Deliverables once the Designer has received the fee and performed the applicable service applied by the Client to the purchased Premade Brand by the Client if the Client has applied the option of this service expressly specified in the description of the Premade Brand. Otherwise, the Designer commences work on the agreed Additional Deliverables once the Designer has received the fee. The Additional Deliverables to a Premade Brand are deemed to be delivered by the Designer and accepted by the Client once the Designer has emailed either a computer file or set of files containing the agreed Additional Deliverables, or a direct download link to this file or set of files to the Client.
The Additional Deliverables are deemed an integral component of the Premade Brand.
D. Template
A Product stated in its description as “Template” or designated by the words “Template” and having a specific name (a Template) is a type of Product in the form of a whole composition of design and intended for a specific use (e.g. business card, flyer, letterhead).
The Designer may sell a Template an unlimited number of times to an unlimited number of Clients unless the Designer expressly specifies otherwise in the description of the Template.
The Client purchases a Template in accordance with this Agreement and the specific terms and conditions of the Template for the Client’s own activity with no right to resell the Template.
If a Template contains an option of an applicable design service (e.g. adding the Client’s personal data to a business card) expressly specified in the description of the Template and the Client applies this option, or that design service is mandatory upon purchase of the Template, the Designer commences to perform that design service once the Designer has received the Price and delivers the Template in accordance with delivery time set forth in the description of the Template due to that design service. The Designer derives the data for that design service from the Brief. Otherwise, a Template is downloadable from the Site after purchase (instant delivery upon purchase).
3. Payment
The Client makes payments to the Designer.
The Client pays for a Product at the time of purchase of the Product.
The Client pays for the Additional Deliverables once the Designer has agreed the details, total fee and deadline for creation of the Additional Deliverables with the Client and at the Designer’s request for payment of the fee.
4. Warranties and Representations
The Designer warrants and represents that any Product is the original work of the Designer. However, a Product may contain Free Third-party Content.
The Designer warrants and represents that it will perform the design services in a due and professional manner and in accordance with all reasonable professional standards for such services and deliverables, fulfils its obligations under this Agreement in good faith. The Designer acts to produce the best result in any Product in general, each of its components or Deliverables, and the Additional Deliverables in accordance with the terms and conditions of this Agreement.
The Client agrees that the Designer will not conduct any type of intellectual property clearance search (e.g., copyright, trademark, utility patent or design patent searches).
The Designer does not warrant that Free Third-party Content used in a Product, its component or Deliverable, or the Additional Deliverables will exist, remain unchanged or available for free commercial use after this Agreement terminates.
The Designer may depict the use of a Product, its components or Deliverables, the Additional Deliverables on free mock-ups (images). This depiction is for demonstration purposes and as examples only. The Client agrees that it is the Client’s obligation to replace these mock-ups (images) with the mock-ups (images) to which the Client has rights, or to acquire rights to use these mock-ups (images) prior to the Client’s use of these mock-ups. No such depiction of the Product, any of its components or Deliverables, or the Additional Deliverables constitutes legal advice. No mock-ups are part of the Product, its components or Deliverables, the Additional Deliverables.
The Designer provides its design services, a Product, each of its components or Deliverables, the Additional Deliverables “AS IS”. Except for the express representations and warranties stated in this Agreement, the Designer makes no other warranties whatever. The Designer explicitly disclaims any other warranties of any kind, either express or implied, including warranties of merchantability or profitability, or fitness for a particular purpose.
The Client warrants and represents that, to the best of the Client’s knowledge, the information or data, including the information in the Brief and the “Billing Detail” form, provided by the Client is accurate, legal, conforms to ethical standards of the Client’s industry and does not infringe the rights of any third party, and that use of this information or data in connection with the Product or any its component does not and will not infringe the rights of third parties, including patents, trademarks, trade secrets, copyrights.
The Client warrants and represents that it will comply with all laws and regulations as they relate to the Product purchased, any of its components or Deliverables, or the Additional Deliverables.
5. Property Rights
The Designer hereby assigns property rights to: (a) the Start Brand, (b) a Premade Brand, (c) the Monogram Logo to the Client once the Designer has delivered the respective Product to the Client, provided that the Designer has received the Price. The Designer hereby assigns property rights to any original work of authorship created by the Designer in the Additional Deliverables, except for the rights to any Template Deliverable in these Additional Deliverables, to the Client once the Designer has delivered the Additional Deliverables to the Client, provided that the Designer has received the agreed fee for the Additional Deliverables.
The Designer hereby assigns property rights to any original work of authorship created and embodied by the Designer in the Start Brand, a Premade Brand or the Monogram Logo to the Client once the Designer has delivered the respective Product to the Client, provided that the Designer has received the Price.
The Designer hereby grants the Client a single-entity perpetual license for (a) a Template, (b) each Template Deliverable in the Additional Deliverables, once the Designer has delivered the Template or the Additional Deliverables respectively, to the Client, provided that the Designer has received the Price or the agreed fee for the Additional Deliverables respectively. Therefore, the Client has no right to resell any Template or Template Deliverable, or transfer them for use by third parties.
The Designer shall not register or attempt to register intellectual property rights to any Product, any of its components or Deliverables, or the Additional Deliverables, except for a Template.
The Designer retains the right, and the Client hereby grants the Designer such right to participate in design contests, to publish, show, display, represent and reproduce a Product or any of its components or Deliverables, the Additional Deliverables, to the extent which they do not contain the Client’s information of confidential nature, as the author of the works for self-promotional purposes in the Designer’s print and online portfolios, including portfolios on online platforms, applications, websites used for those purposes. The Client shall not require the Designer to apply for or obtain the Client’s permission, or inform the Client to exercise this right.
The Designer remains the sole owner of all design tools developed by the Designer independently of or in connection with this Agreement and utilized by the Designer in a Product, any of its components or Deliverables, or the Additional Deliverables, including pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and components of design of a website, architecture, layout, navigational and functional elements.
The Designer hereby grants the Client a non-exclusive, non-transferable (other than the right to sublicense such uses to the Client’s publisher, Web hosting or Internet service providers) perpetual, worldwide license to use these tools free of charge but solely with the Product, any of its components or Deliverables, or the Additional Deliverables. The Client shall not directly or indirectly, in any form or manner, decompile, reverse engineer, or otherwise disassemble or modify any these tools comprising software or technology.
6. Limitation of liability and Indemnity
The aggregate liability of the Designer, its directors, officers, employees, subcontractors and affiliates, to the Client for damages for any and all causes, and the Client’s remedy, regardless of the form of action, whether in contract, tort or otherwise under or in connection with this Agreement, shall not exceed the total amount paid by the Client to the Designer in connection with the Product purchased.
In no event shall the Designer be liable for any lost data or content, any loss of profits, business revenue, goodwill or anticipated savings, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damage or loss arising out of or relating to the materials or the services provided by the Designer, a Product, any of its components or Deliverables, or the Additional Deliverables, even if the Designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
The Designer is not liable for any and all damages, liabilities, costs, losses or expenses incurred by the Client which arise out of or in connection with a third party’s claim or proceeding against the Product purchased by the Client, any of its components or Deliverables, the Additional Deliverables and their use, including a claim or proceeding alleging copyright or trademark infringement, except a breach of warranties and representations made by the Designer in this Agreement.
The Client has sole responsibility for ensuring that any trademark used in a Product purchased by the Client does not infringe the rights of third parties. The Client shall defend and indemnify the Designer against any and all damages, liabilities, costs, losses or expenses incurred by the Designer which arise out of or in connection with a third party’s any claim or proceeding alleging trademark infringement for use of a trademark in the Product or a breach of warranties and representations made by the Client, including a claim or proceeding alleging trademark infringement for use of a trademark in the Product, arising out of the Client’s failure to obtain trademark clearance or permissions for use of the trademark in the Product.
7. Confidentiality
Each Party agrees that in connection with this Agreement a Party may receive certain information of the other Party and of a non-public, confidential or proprietary nature; whether of a commercial, financial or technical nature; customer, supplier, product or production-related (the Confidential Information). All information provided or exchanged in the context of this Agreement shall be considered confidential by the Parties.
Each Party, its agents or employees shall maintain confidentiality of the Confidential Information. The receiving Party of the Confidential Information shall take all required and available measures for preventing disclosure of the Confidential Information to any third party, and shall not use the Confidential Information for any purpose other than in direct relation with performance of this Agreement.
The foregoing definition of the Confidential Information does not apply to information that is publicly available, becomes publicly available through no fault of the receiving Party, is otherwise properly received from a third party without an obligation of confidentiality, and is received by a regulatory body to make any disclosure that is prohibited or otherwise constrained by this Agreement. The Confidential Information is disclosed if it is legally requested or compelled to be disclosed by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand or similar process.
8. Term and Termination of the Agreement
This Agreement remains in force until the Designer delivers the Product purchased by the Client, or otherwise terminated as set forth in this Agreement.
If the Client has agreed the Additional Deliverables to a Product with the Designer, and has paid for them, this Agreement terminates with respect to the Product once the Designer delivers this Product, and terminates with respect to the agreed Additional Deliverables to the Product once the Designer delivers these Additional Deliverables.
The Designer may terminate this Agreement with respect to the Product purchased by the Client at any time by cancelling the Order by a written notice and must refund the Price by the original method used to purchase this Product. The Designer may terminate this Agreement with respect to the agreed Additional Deliverables to a Product at any time by cancelling the order for the agreed Additional Deliverables by a written notice and must refund the fee paid for the agreed Additional Deliverables by the original method used to pay for these Additional Deliverables.
The Designer terminates this Agreement by a written notice if payment for a Product purchased by the Client is declined for any reason or the Designer does not receive the Price within three business days of purchase. Therefore, the Designer cancels the Order and withholds delivery of the Product.
The Designer terminates this Agreement with respect to the agreed Additional Deliverables by a written notice if payment of the fee for the agreed Additional Deliverables is declined for any reason or the Designer does not receive this fee within three business days of the Designer’s request for payment of the fee. Therefore, the Designer cancels the order for the agreed Additional Deliverables and withholds their delivery.
Any such notice is effective once the Designer has emailed it to the Client. The date of termination will be deemed the effective date of the notice.
Notwithstanding the foregoing in this Article or any provision of the Agreement, the following Articles of this Agreement shall survive the term or an earlier termination of this Agreement: Article 4. Warranties and Representations, Article 5. Property Rights, Article 6. Limitation of Liability and Indemnity, Article 7. Confidentiality.
9. Force Majeure
A Party will not be deemed in breach of this Agreement if the Party is prevented from fulfilling its obligations by circumstances beyond the reasonable control of that Party, including acts of God, earthquake, flood, storm, lightning, fire, explosion, war, terrorism, riot, civil disturbance, sabotage, strike, lockout, accident, epidemic, lack of electricity or failure of electricity grid, breakdown of public utilities, changes of law, statutes, regulations or any other legislative measures, acts of governments, supranational organizations or other administrative or public agencies, orders or decrees of any court, acts of third parties (the Force Majeure).
A Party prevented from fulfilling its obligations duly and timely due to an event of Force Majeure shall inform the other Party within three calendar days from the date of occurrence of such event, and make reasonable efforts to terminate consequences of the Force Majeure as soon as practicable. The Parties shall consult with each other to minimize all damages, costs and possible other negative effects.
If the event of Force Majeure continues for more than 30 calendar days, the unaffected Party by Force Majeure may require termination of this Agreement, and the Parties shall agree the terms on the termination of this Agreement and the discharge of obligations.
If a Party has not notified or not timely notified the other Party of an event of Force Majeure, the Party shall not rely on such event not to perform this Agreement for the duration of such event.
10. Communication
A Party communicates with the other Party during the term of the Agreement by notices in writing in the English language by email.
The Designer’s email address for information on the Order, request for the Additional Deliverables: client@levista.art, for support for corrupted files or file download problems: support@levista.art.
The Client shall communicate with the Designer by the email address provided by the Client in the “Billing Details” form.
A Party’s request or notification will be deemed effective on the date of its receipt by the other Party. The receipt shall be confirmed by automated confirmation or reply from the recipient.
11. Entire Agreement
This Agreement constitutes the entire agreement between the Parties on the subject matter of this Agreement and supersedes any preceding agreements between the Parties on the subject matter of this Agreement only.
12. Amendment
The Designer may amend the Agreement at any time. The amendments are effective from the time of publication on the Site.
However, the version of the Agreement on the date of purchase of a Product shall remain in force until the Agreement terminates with respect to the purchased Product in accordance with this version. Therefore, no amendment of this version of the Agreement shall bind a Party unless it is in writing and duly signed by the Parties.
13. Contract language
This Agreement has been drawn up in the English language. In case of discrepancies between the English text version of this Agreement and any translation, the English contract language version prevails.
14. Applicable law
This Agreement is governed by the laws of Lithuania.
15. Dispute Resolution
The Parties attempt to settle all disputes, disagreements and claims arising out of or in connection with this Agreement between the Parties through negotiations. All unsettled disputes, disagreements and claims shall be referred to and finally settled under the Arbitration Rules of the Vilnius Court of Commercial Arbitration (the VCCA) by one or more arbitrators appointed in accordance with those Rules. The place of arbitration shall be the city of Vilnius, Lithuania. The arbitral procedure shall be conducted in the English Language.
16. Severability
If any provision of this Agreement is found to be invalid or unenforceable in any jurisdiction, the validity or enforceability of such provision shall not in any way be affected in respect of any other jurisdiction and the validity and enforceability of the remaining provisions shall not be affected, unless this Agreement reasonably fails in its essential purpose.
A Party shall negotiate with the other Party so that the provision of the Agreement are valid and enforceable. If a Party does not reach an agreement on the provision with the other Party, the Party shall negotiate with the other Party for the terms of termination of the Agreement and the discharge of the obligations.
17. Assignment
No Party shall assign its rights or obligations under this Agreement in whole or in part, without the prior written approval of the other Party, which approval shall not be unreasonably withheld, conditioned or delayed, except that the Client may assign its rights and obligations under this Agreement in connection with a sale of all or a substantial part of its business to which such rights and obligations pertain.
18. Waiver of Rights
A failure of a Party to enforce strictly a provision of this Agreement shall in no event be considered a waiver of any part of such provision. No waiver by a Party of any breach or default by the other Party shall operate as a waiver of any succeeding breach or other default or breach by such other Party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
19. Business Days
The official calendar of business days and holidays of Lithuania applies to this Agreement. If any date specified in this Agreement or a Product as a date for taking action falls on a day that is not a business day, then that action may be taken on the next business day.
20. Contact information
The Designer responds to any questions regarding design services, Products and this Agreement by email or regular mail at the following address:
Regular mail:
Attention to: LeVista UAB
V. Gerulaičio g. 1-1, Vilnius, LT-08200, Lithuania
Last revised: 10 May 2024 10:00 AM and is effective as of this date and time.