2020 Terms of Service
By placing an order, there is an understanding that the commissioner has read and agreed to all of the terms listed below.
Failure to comply by these terms may result in declination of all future conduct with said customer.
Most Recent Update: 12. 26. 2019
A. GENERAL TERMSi. All Custom Art is to be used solely by the commissioner for personal use. It is not to be used by anyone other than the commissioner without their sole written permission. It is not to be used for publicity and/or advertising purposes, nor any commercial use. There are no commissions offered at this time to be used for commercial use. It is not to be edited, referenced, or copied in any manner. The artwork is copyrighted to the artist, and the commissioner has paid for partial rights to the work. All custom art is transferable with characters.
ii. Edits to any commission may be requested up to 48 hours following the commissioner receiving the finished product. After 48 hours as passed, edits will no longer be offered, as the artist may no longer have access to the working file. If the artist is at fault for a mistake (i.e. missing anything clearly shown on the reference provided or explicitly included in forms) it will be fixed free of charge. The first requested edit will be made free of charge. Any edits prior, or not included on a reference or in the form, will be subject to a small fee. The artist will not completely redo a completed work. By commissioning this artist, the commissioner agrees to acknowledge that they are paying for the artist's style and understanding of any characters provided. iii. Credits and Intellectual Copyright of the final product belong to the artist, and are not to be profited off of under any circumstances. Claiming the work as your own or removing the artist's signature and credit is prohibited. The artist will retain the right to display any and all commissions in order to self-promote their work unless otherwise requested by the commissioner. The commissioner is granted personal, non-commercial use of the finished artwork. iv. Minimum Time Required for completion of a commission is two months (or 8 consecutive weeks) without the option for a full refund. After this time has passed the commissioner will be granted the option of acquiring a partial refund. The artist agrees to finish the commission within the given time period or offer a refund. See SECTION B.III for more details on refunds. v. Queue Fluctuation may occur and the artist reserves the right to work on commissions based on inspiration in order to create the best possible product for the commissioner. This may result in a newer commission being completed before an older commission. By agreeing to this term you will agree to be patient and respectful in waiting. Please see SECTION B.III in regards to refunds. vi. The Artist Will Not Draw copyrighted characters, humans, complex machinery, hateful works/items, or any offensive material. Other items may be subject to declination. The artist retains the right to deny any commission for whatever reason they see fit, with or without supplying said reason to the commissioner. If no examples of the species or item exist drawn by the artist, then the commissioner may contact the artist before placing an order for clarification on whether or not they will draw it (chances are it will be a yes). vii. Clear Reference Images must be provided by the commissioner of their pre-existing character or pet upon placing their order (excluding custom and litter commissions). The artist reserves the right to refuse to work with references including (but not limited to): shading, large watermarks that obscure the design, and unclear posing. C. LITTER COMMISSIONSi. A Cost Division will be in place if the litter pup is sold for over double the base price. By commissioning the artist for a litter design, you agree to adhere to the following statement: Under the circumstances that a litter design is sold, prior to, during, or following the initial sale/auction by the original commissioner, for more than double the commissioned price, the excess profits made from the sale must be split evenly (50/50) between the commissioner and the artist.
ii. The Maximum Cap is two litter designs per pair of parents in order to create the most unique and creative designs without applying stress. Exceptions to this rule are made, but must be discussed privately between the artist and the commissioner prior to ordering. iii. Commission Denial may be due to, but not limited to, any of the following reasons: complex or uninspiring parents, black or grey-lists (whether it be the commissioner or a possible second character owner), insufficient communication, etc. The artist reserves the right to deny a litter commission at any point, with or without stating a reason. Commissioners suspected of purchasing art on the behalf of a black/greylisted user may be subject to denial. |
B. PAYMENT & UPDATESi. USD Commissions are required to be paid up front in full via PayPal Invoice. Payment must be received within 24 hours of placing a commission unless otherwise discussed between the artist and the commissioner prior to placing an order. If the artist has not received payment within 24 hours and has not been contacted with a sufficient explanation, the commission will be cancelled and the commissioner may be subject to a temporary blacklist. The artist will retain the right as the seller to deny a commission for any reason, with or without providing said reason to the customer.
ii. Payment Plans are available only for orders totaling $100 or more. The artist must be contacted prior to placing an order requiring a payment plan in order to discuss the details of said plan. All payment plans require a minimum of 20% payment up front as a non-refundable deposit. The finished product will not be provided, unless otherwise stated, until the payment plan has been completed. The artist reserves the right to decline any proposed payment plan for any reason per their judgement. For example, a payment plan may be denied if the artist does not have confidence in the buyer prioritizing their payments over the purchase of newer art pieces. Failure to make payment dates, as agreed upon by both the commissioner and the artist, more than two consecutive times may result in a cancellation of the plan and partial refund at the artist's discretion. If the commissioner is to back out of the plan at any point, see SECTION B.III in regards to the refund process. iii. Full Refunds will only be granted after the designated eight-week waiting period if the artist has not begun work on the commission. If the artist has begun to work on the commission, only a partial refund will be granted to the commissioner. Cancellation of a commission on the customer's behalf will not be refunded unless requested within the first 24 hours of payment and the artist has not begun working on the commission. If an order cancellation is attempted after the 24-hour period and within the eight week period, the artist retains the right to deny a refund. If the artist cancels a commission on their behalf, a full refund will be given. If a refund is issued at any point, the commission will be cancelled and the artist is under not requirement to complete it. The artist reserves the right to re-purpose any cancelled commission at their leisure. If a commission is cancelled and the artist has begun working on the commission, then the commissioner retains no right over the artwork and may not use it in any way. iv. SnailMail, eChecks, and Alternative Currencies (FPC, DeviantART Points, etc.) are not considered valid methods of payment at this time. If payment is sent as an eCheck, it will be refunded and the commissioner will be asked to resend payment, or their commission will be cancelled. v. Work-in-Progress Updates are not offered for commissions other than custom characters (see customs for more information). The artist will not be held responsible to contact the commissioner with WIP updates of their commission. Exceptions may be made, but must be discussed prior to placing an order, particularly for larger and more detailed commissions. The artist reserves the right to contact the commissioner on their own time if any questions, concerns, or if need for approval arises. The artist will post updates on the status of public commissions on their Trello account. D. MISCELLANEOUSi. Premade Characters and Designs may be resold, but for no more than the purchased price plus the art they have acquired. Trading, Gifting, Revamping, and Breeding of these designs is permitted. Other rules may be specified at the place of sale, and are expected to be adhered to. When in doubt, contact me!
ii. Custom Characters may be resold, traded, and bred. They may be subject to other rules, specified at the time of the commission. Customs may not be resold for more than the price paid at the time of the initial commission unless they have acquired extra art. Resale requires artist's permission. iii. Custom Bases may be utilized by myself only for personal recolors of my own characters. Completely custom bases may not be resold for more than the price paid at the time of the initial commission. If a large version (greater than 150 pixels) of the base file is included, it may not be reused in any way, shape, or form. All versions of the base must be saved out as 150x150 files. iv. I Retain the Right to update my Pricing and Terms of Service at my own leisure at any time. Any updates are implemented immediately to any commissions following. Updates will always be publicly announced on a commissions post or topic by myself. |
Questions? Comments? Concerns? Contact me at one of the address below for any inquiries, violations, or general knowledge of my Terms of Service:
[email protected]
[email protected]