Terms & Conditions

* BACKGROUND

* The Customer is of the opinion that the Owner (Artist), Catherine Kresken has the necessary qualifications, experience and abilities to provide services to the Customer.

* The owner (Artist) Catherine Kresken, DBA Craftanistas and Citadel Nutcracker is agreeable to providing quality hand crafted and commissioned products to the Customer on the terms and conditions set out in this Agreement of Service Disclosure.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth here, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Owner (Artist) (individually the "Party" and collectively the "Parties" to this Service Disclosure:

SERVICES PROVIDED

* The Owner (Artist) provides the Customer with the following services (the "Services"):

* Hand-painted crafts;

* Artwork; or

* Hand painted wooden nutcrackeds.

* The Services will also include any other tasks which the Parties may agree on. The Owner (Artist) hereby agrees to provide such Services to the Customer.

* TERMS OF SERVICE AGREEMENT

* The term of this Agreement (the "Term") beginning October 18. 2024 will remain in full force and effect indefinitely until terminated as provided in this Agreement.

* In the event that customer gives false payment or payment is not received, the Owner (Artist) may terminate the sale of the requested product.

* Except as otherwise provided in this Agreement, the obligations of the Owner (Artist) will end upon the termination of this Agreement at the Owner’s (Artist) discretion.

* CURRENCY

* Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

* COMPENSATION

* The Owner (Artist) will charge the Customer for the Product as follows-Item sales due when ordered and custom commission works due when works are completed. No products or customer approved custom commissioned works will be delivered until payment is received.

* REIMBURSEMENT OF EXPENSES

* The Customer will be reimbursed from time to time for reasonable dissatisfaction of ordered product. The Owner (Artist) will only be reimbursed for expenses submitted according to the following guidelines:
For Requested Custom Projects.

* CONFIDENTIALITY

* Confidential information (the "Confidential Information") refers to any data or information relating to the Customer, whether business or personal, which would reasonably be considered to be private or proprietary to the Customer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.

* The Owner (Artist) agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Owner (Artist) has obtained, except as authorized by the Customer or as required by law.

* All written and oral information and material disclosed or provided by the Customer to the Owner (Artist) under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Owner (Artist).

* OWNERSHIP OF INTELLECTUAL PROPERTY

* All intellectual property (artwork and Ideas) and related material (the "Intellectual Property") that is developed or produced under will be the property of the Owner (Artist). The Customer is granted a non-exclusive limited-use and the product may not be resold for the intent of producing profit.

* Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Owner (Artist).

* CAPACITY/INDEPENDENT CONTRACTOR (Owner/ Artist)

* In providing products and custom ordered products / works of art under this Agreement it is expressly agreed that the Owner (Artist) is acting as an independent contractor and not as an employee. The Owner (Artist) and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service and providing product.

* RIGHT OF SUBSTITUTION

* Except as otherwise provided in this Agreement, the Owner (Artist) may, at the Owner’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Owner under this Agreement in order to meet the demands incoming orders and commissions except for commissioned custom products or Artwork.

* AUTONOMY

* Except as otherwise provided in this Agreement, the Owner (Artist) will have full control over working time, methods, and decision making in relation to provision of the products and commissioned works in accordance with the Agreement. The Owner (Artist) will work autonomously and not at the direction of the Customer. However, the Owner (Artist) will be responsive to the reasonable needs and concerns of the Customer

* INDEMNIFICATION

* Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

* TIME OF THE ESSENCE

* Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

* ENTIRE AGREEMENT

* It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

* HOLD HARMLESS

* This Agreement will hold harmless to the Owner’s (Artist) respective heirs, executors, administrators and permitted successors and assigns.

* GOVERNING LAW

* This Agreement will be governed by and construed in accordance with the laws of the State of South Carolina.

* SEVERABILITY

* In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder.