Terms of Service

1. Acceptance of Terms

Welcome to Magic Ninja Art Collectors. These Terms of Service ("Terms") govern your use of our website, services, and business relationship with Magic Ninja Art Collectors ("Company," "we," "our," or "us"). By accessing our website, engaging our services, or entering into any agreement with us, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our services or website. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of any changes.

2. Company Information

Magic Ninja Art Collectors is a professional art collection and consulting company incorporated in British Columbia, Canada.

3. Services Offered

We provide the following professional services:

3.1 Art Collection Services

• Art acquisition and sourcing
• Collection development and strategy
• Market research and analysis
• Investment advisory services

3.2 Authentication and Appraisal

• Professional art authentication
• Certified appraisal services
• Condition reporting
• Provenance research

3.3 Collection Management

• Digital cataloging and archiving
• Conservation planning
• Storage and display consultation
• Insurance coordination

3.4 Educational Services

• Collector consultation and education
• Workshops and seminars
• Market trend analysis
• Art care and preservation guidance

4. Professional Standards and Licensing

Our services are provided by certified professionals who maintain memberships and certifications with recognized industry organizations, including:

• Canadian Personal Property Appraisers Group (CPPAG)
• Professional Appraisers Organization of Canada (PAOC)
• International Auctioneers Association (IAA)
• Canadian Association of Professional Conservators (CAPC)
• Indigenous Art Certification Council

5. Client Responsibilities

5.1 Accurate Information

Clients must provide accurate, complete, and timely information regarding:

• Personal and contact information
• Collection goals and preferences
• Budget parameters and financial capacity
• Existing artwork details and condition
• Any relevant legal or ownership issues

5.2 Payment Obligations

Clients agree to:

• Pay all agreed fees and expenses promptly
• Provide required deposits as specified in service agreements
• Cover all applicable taxes and third-party costs
• Reimburse reasonable expenses incurred on their behalf

5.3 Cooperation and Access

Clients must:

• Provide reasonable access to artworks for examination
• Cooperate with authentication and documentation processes
• Respond promptly to requests for information or decisions
• Follow professional recommendations for artwork care

6. Fees and Payment Terms

6.1 Service Fees

Our fees vary based on the type and scope of services provided:

• Consultation Services: Hourly rates or project-based fees
• Acquisition Services: Commission-based (typically 10-15% of purchase price)
• Appraisal Services: Per-piece fees starting at $250
• Collection Management: Annual retainer or project-based fees

6.2 Payment Terms

• Payment terms are net 30 days unless otherwise specified
• Late payments may incur interest charges at 1.5% per month
• Services may be suspended for overdue accounts
• All fees are quoted in Canadian dollars unless otherwise specified

6.3 Expenses

Clients are responsible for reasonable expenses including:

• Travel costs for on-site services
• Third-party expert fees
• Shipping and insurance costs
• Research and documentation expenses

7. Warranties and Disclaimers

7.1 Professional Services Warranty

We warrant that our services will be performed:

• With professional skill and competence
• In accordance with industry standards
• By qualified and certified professionals
• With reasonable care and diligence

7.2 Disclaimers

We specifically disclaim:

• Investment Guarantees: We do not guarantee any specific return on art investments
• Market Performance: Art market values can fluctuate unpredictably
• Third-Party Actions: We are not responsible for actions of auction houses, galleries, or other third parties
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our control

8. Limitation of Liability

8.1 General Limitations

Our total liability for any claim shall not exceed:

• The total fees paid by the client for the specific service in question, or
• $100,000 CAD, whichever is less

8.2 Excluded Damages

We shall not be liable for:

• Indirect, consequential, or punitive damages
• Loss of profits or business opportunities
• Emotional distress or personal injury
• Damage to reputation or goodwill

8.3 Insurance Coverage

We maintain professional liability insurance and bonding appropriate to our business activities. Coverage details are available upon request.

9. Confidentiality

9.1 Mutual Confidentiality

Both parties agree to maintain strict confidentiality regarding:

• Collection details and ownership information
• Financial information and transaction details
• Personal information and preferences
• Business strategies and market insights

9.2 Exceptions to Confidentiality

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of this agreement
• Must be disclosed by law or court order
• Is required for professional authentication or provenance research
• Is necessary for insurance or legal proceedings

10. Intellectual Property

10.1 Our Intellectual Property

All content on our website and in our materials, including text, images, logos, and designs, is owned by Magic Ninja Art Collectors and protected by copyright and trademark laws.

10.2 Client Content

Clients retain ownership of their artwork and related materials. By engaging our services, clients grant us limited rights to:

• Photograph and document artworks for our records
• Use images for authentication and research purposes
• Include general information in marketing materials (with permission)

11. Termination

11.1 Termination by Either Party

Either party may terminate services:

• With 30 days written notice for ongoing services
• Immediately for material breach of these Terms
• Upon completion of agreed project scope

11.2 Effect of Termination

Upon termination:

• All unpaid fees become immediately due
• Confidentiality obligations remain in effect
• We will return client materials as requested
• Completed work remains the property of the client

12. Dispute Resolution

12.1 Negotiation

Parties agree to first attempt to resolve disputes through good faith negotiation.

12.2 Mediation

If negotiation fails, disputes will be submitted to mediation through a mutually agreed mediator in Vancouver, BC.

12.3 Arbitration

Unresolved disputes may be submitted to binding arbitration under the rules of the British Columbia International Commercial Arbitration Centre.

12.4 Governing Law

These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable therein.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:

• Natural disasters or extreme weather
• Government actions or regulatory changes
• Labor disputes or strikes
• Pandemics or public health emergencies
• War, terrorism, or civil unrest
• Technical failures or cyber attacks

14. Cultural Sensitivity and Ethics

14.1 Indigenous Art Protocols

We are committed to respectful practices regarding Indigenous Canadian art, including:

• Following appropriate cultural protocols
• Ensuring proper attribution and context
• Supporting Indigenous artists and communities
• Maintaining ethical sourcing standards

14.2 Ethical Standards

We adhere to the highest ethical standards in all our activities and will not:

• Facilitate transactions involving stolen or illegally exported art
• Misrepresent the authenticity or condition of artworks
• Engage in conflicts of interest without full disclosure
• Violate cultural heritage laws or international treaties

15. General Provisions

15.1 Entire Agreement

These Terms, together with any specific service agreements, constitute the entire agreement between the parties.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Assignment

These Terms may not be assigned by the client without our written consent. We may assign our rights and obligations with reasonable notice.

15.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.5 Notice

All notices must be in writing and delivered to the addresses specified in our service agreements or to the business address listed above.

16. Contact Information

For questions about these Terms of Service or to discuss your art collection needs, please contact us:

These Terms of Service were last updated on January 1, 2025, and are effective immediately for all new service agreements.