TERMS AND CONDITIONS
1. SCOPE OF ENGAGEMENT
1.1. For an agreed-upon fee, Signature will provide comprehensive fine art research services and deliverables, which may include, but is not limited to:
Attribution Research
Comparative Analysis
Provenance Research
Scientific Analysis
As part of these services, Signature may provide a professional opinion regarding the authenticity of the Customer's item(s). This professional opinion is formulated through examination of the Customer's item(s) in comparison to items positively attributed to the artist in question. The assessment is based on information and images provided by the Customer, as well as generally accepted scholarly opinion, which is subject to change.
It is important to note that any professional opinion provided by Signature or its agents, whether it pertains to authenticity or any other aspect of the Customer’s item, does not constitute a warranty or guarantee of authenticity.
1.2. The Customer confirms that they are either the lawful owner of the item submitted to Signature for review or are acting with proper authorization on behalf of the lawful owner.
1.3. The Customer acknowledges that, to the best of their knowledge, all information submitted, including provenance, manner of acquisition, condition, attribution, etc., is true and accurate.
2. FEES
Customer shall receive an invoice prior to the commencement of the engagement. All fees must be paid in full before any work is undertaken. Signature does not provide its research services on commission under any circumstances.
3. DEADLINES
3.1. Signature will provide an estimated timeline for the completion of the authentication research as a courtesy to the Customer. However, it is important to note that the research process involves a comprehensive evaluation and analysis, which may vary in complexity and duration for each item. Therefore, Signature does not guarantee that its work will be performed by any specific date.
3.2. Signature places a strong emphasis on the quality and accuracy of its research. While we make every effort to complete the research in a timely manner, we prioritize ensuring the authenticity of the items over adhering to rigid deadlines. The Customer is encouraged to contact us if there are specific timing considerations, and we will do our best to accommodate such requests when possible.
3.3. In cases where the research process is anticipated to take longer than initially estimated, Signature will provide timely updates to the Customer regarding the progress of the engagement. We believe in maintaining open and transparent communication throughout the research process.
4. NON-DISCLOSURE
Signature agrees not to disclose any identifiable information related to the Customer and their agents or the item, without written permission, except in the following circumstances: (i) to the extent necessary to fulfill its obligations under the Agreement; or (ii) as required by valid operation of law.
5. INTELLECTUAL PROPERTY AND ACCEPTABLE USE
5.1. All reports, certificates, or content produced by Signature during the engagement shall remain the exclusive intellectual property of Signature. The Customer is granted the right to reproduce and distribute these reports without restriction, provided that such reproduction and distribution are for non-commercial purposes and attributed to Signature.
5.2. The Customer is strictly prohibited from making any changes, alterations or attempts to digitally manipulate the content of the reports produced by Signature. Any unauthorized modifications or alterations to the reports are a breach of this agreement and may result in legal action.
6. COMMUNICATION
6.1. All formal communication between the Customer and Signature shall be transmitted by email, including but not limited to notifications, updates, and the delivery of the authentication report at the conclusion of our engagement. The Customer agrees that email communication is the primary method of interaction for matters related to this engagement.
6.2. Any changes to the engagement or requests for modifications must be communicated in writing and sent by email to: info@authenticate-art.com. It is the responsibility of the Customer to ensure that email notifications are received and promptly addressed. Signature shall not be held responsible for any delays or issues arising from the Customer's failure to receive or respond to email communications.
7. LIMITATION OF LIABILITY
7.1. Signature and its agents will perform all services with reasonable skill and care. Signature's total aggregate liability to the Customer, whether in contract, tort, or otherwise, for any losses arising from or in any way connected with this engagement shall not exceed a refund of the fee paid.
7.2. Under no circumstances shall Signature, its parent company Mearto, or its agents be responsible for any indirect, incidental, contingent, punitive, or consequential damages, including, but not limited to, loss of profits and/or third-party claims.
7.3. All opinions, deliverables, reports, and content provided by Signature are representative of Signature as a company and not attributed to any individual agent or researcher within the organization. Signature reserves the right to maintain the confidentiality of the researcher(s) who contributed to a particular report or deliverable.
8. MODIFICATIONS
Signature reserves the right to modify these terms and conditions at its sole discretion. Any changes will become effective upon posting the revised terms and conditions on our website. We will make reasonable efforts to notify Customers of significant changes via email. Customers are encouraged to review the terms and conditions periodically for updates. By continuing to use Signature's services after modifications are made, Customers acknowledge and accept the revised terms and conditions.
9. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between Signature and the Customer and supersede all prior agreements, understandings, and representations, whether written or oral, relating to the subject matter of this agreement. Any amendments or modifications to this agreement must be made in writing and signed by both parties to be considered valid and binding.
10. SEVERABILITY
If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalidity, illegality, or unenforceability of any provision shall not affect or impair the validity, legality, or enforceability of the remaining provisions, which shall be construed as if the invalid, illegal, or unenforceable provision had never been a part of this agreement.
11. GOVERNING LAW
These Terms, as well as any issues or disputes arising out of or in connection with them (whether contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation, or otherwise), shall be governed by and construed in accordance with the laws of the country of Denmark.
12. ACCEPTANCE
By engaging Signature's services, you indicate your acceptance of these terms and conditions. If you have any questions or require further information, please contact us via email at info@authenticate-art.com.