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Commissions TOS

General Info

✦ I use the following tools in my asset creation. If you're not okay with me using these, don't commission me:

✦ Procreate

✦ Canva

✦ AI via Nightcafe

✦ Vectornator (vector art)

✦ Live2D (for animation)

✦ Blender (animation)

✦ Coolors.co

✦ FontPairs

✦ Adobe Express

Accessibility

✦ You can access these terms in a Google Doc so they can be read in a different font/size, or screen reader if your screen reader can't read this website:

✦ I am happy to have a verbal discussion of the terms if written format is inaccessible. If you would like this, please contact me via email or DM

Disclaimer

✦ By commissioning me you are agreeing to my terms of service and rules

✦ Commissions are not first come first serve, I take commissions that I think I will enjoy and be able to provide a result you genuinely love

Client

✦ You, the Client, will be expected to first read my TOS and understand my general Commission Price

✦ You, the Client, may display my work on external sites as long as it is visibly credited

✦ You may not claim or represent my work as your own

✦ You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays

✦ You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only (ie. NOT for sale)

✦ You may not use the Artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed

✦ You are NOT authorized to change, modify, edit or use my works without my permission

✦ Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents

✦ By placing an order, you agree to these terms and conditions. Please read these terms carefully

Artist

✦ By commissioning me, you are purchasing my service as an artist only

✦ I reserve the right to post your finished artwork in my gallery for any reason

✦ I reserve the right to decline any project or client for any reason

✦ I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason

Commercial Usage Agreement

✦ If you, the Client, wish to order a commission for Commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront

✦ The minimum price increase 100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit

✦ The following cases are considered commercial use: Reproducing and selling the artwork, publicly or privately, including on merchandise or business cards

Copyright

✦ I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon

✦ In the case of a Public Commission, I may do whatever I wish with the art (eg. post it to other sites such as Instagram) but will give proper credit to you for ownership of the character’s design

NDA - Privacy Request

✦ If you wish for your request to be private, it must be stated during the ordering process

✦ I reserve the right to charge a fee if I deem fit

✦ The privacy request entails that I am not allowed to share any WIPs on social media, nor am I allowed to stream the process of the commission anywhere

✦ However, this also means that you must refrain from sharing any such spoilers yourself

✦ This is especially important to consider if you are a Vtuber and want me to keep assets private until your debut

✦ The NDA fee usually starts at +5% of the total quote, but it might differ. The bigger the project the bigger the fee

Ordering

✦ You are expected to fill out the Commission Ordering form on my website

✦ You will then get a reply from me discussing the details (if needed) as well as me confirming your slot

✦ I reserve the right to make changes to your request as I see fit unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements in the form

✦ If your commission is extremely detailed, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (eg. change the character, agree to simplified design changes) before the transaction is complete

✦ Before taking part in any transaction, you are required to wait for a reply so that we can discuss the details

✦ After everything is processed and confirmed payment can either be made via PayPal or Ko-Fi. You need to confirm the payment with me before I start your order

Payment

✦ I am not responsible for any mistakes that are made on your part over the course of the transaction

✦ I will only accept USD via PayPal or Ko-Fi as payment. You are responsible for making currency conversions

✦ It is expected that you deposit 50% of the price upfront before I start. No exceptions unless otherwise discussed

✦ After 50% of the payment is sent, I will start the first draft, which will be sent to you

✦ Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment

✦ If payment is not made in a timely manner (24h) after I have confirmed the commission and requested payment, the commission will be cancelled

✦ All prices listed are minimum prices - individual pricing may vary

PayPal Disclaimer

✦ Please note that all of my sales are "Digital Artwork" and it is the Artwork’s "Intellectual Property" that is purchased by you, the Client

✦ Nothing is ever intended by either me or the Client, to be physically shipped to them

✦ I am not required ever to ship any item unless it was explicitly discussed

Refunds

✦ I can refund 100% of the payment only if I have not started working on the first draft

✦ Once I start the first draft there will be NO REFUNDS

✦ I can only refund around 80% if there are errors in PayPal fees, taxes and/or transfer fees

✦ If I cancel a project, I will reimburse the lost fees and refund 100%

✦ If we agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your said deposit if you back out of the Payment Plan

Chargeback

✦ You are NOT authorized to issue a chargeback for any reason

✦ If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue

✦ You are required to contact me when you need to cancel a commission request

✦ Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts

Queue/Scheduling/Work Speed/Deadlines

✦ You reserve the right to set a deadline for your commission. This deadline must be disclosed prior to payment

✦ I have the right to decline a project if there is too short of a time allowance. I reserve the right to take as long as I feel is necessary to do the project properly

✦ If due dates are discussed, it is also the clients' responsibility to ensure prompt communication

✦ No harassment over my work speed will be tolerated, regardless of the time that has passed

✦ I will work on commissions randomly. This means I will work on the piece I'm the most inspired/ comfortable with at the moment

✦ You reserve the right to be notified of any delays

✦ Rush fees are at least + 25% of the commission. Fees might vary depending on the project and the timeframe provided

Revisions and Feedback

✦ I will send a WIP (‘work in progress’) image after 50% of the payment is completed

✦ These images will come in the form of .jpg or .png files as an attachment in the email or a DM

✦ The responsibility is on you to ensure your order contains the details you want me to follow.

✦ I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it

✦ I will only send a guaranteed WIP for the first draft, but you are free to request a WIP at any given time

✦ Up to two major revisions can be made during the drafting phase of the commission. Only minor adjustments within reason can be made afterwards

✦ Each time I send a WIP to a client, I ask the client to provide feedback to me

✦ Changes made after the initial draft may be subject to a fee, and the fee will depend on the nature of the change

✦ After the order is completed, minor changes such as color adjustments are allowed if the missing or inaccurate elements are my fault (e.g., I overlooked details provided in the order)

✦ In the absence of feedback from the customer, any changes to the final piece will be subject to a fee

✦ I will not redo a completed commission unless payment is received for a second order

Final Product

✦ There may be slight differences between the samples in my gallery and the product you will receive

✦ The commissioner must respect that my artistic style cannot be altered

✦ I reserve the right to reject critiques pertaining to artistic skill and stylization, and if the critique reduces the artistic quality of the piece

✦ Credit to me, the Artist, is required when you post or use it on another platform

✦ You, the Client, are responsible for saving any information, images, and other digital data I provide

✦ Any file you paid for will be available from me for a finite time only. I take measures to preserve most files for up to 1 month. However, I cannot guarantee against computer failure or accidental deletion or loss

✦ I am not required to post your project in any public space, and if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you paid for it, as you should have your own copy for personal use

✦ Feedback of the final product is permitted after completion of the piece, through private messages or comments

✦ Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting

Google Doc

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