Terms of Service
Section 1: Will Not Draw
- Genitalia / Sexual Content
- This will change in the future. It's more a specification given in acknowledgement of the Artist's current skill.
- Children / "Child" characters, as a general rule. The Artist may be persuaded to draw domesticated puppies/kittens/etc however, within reason.
- Anything that falls under the umbrella of being hateful toward or in regard to minorities, especially non-white communities. As such, related imagery or symbols that act as dog-whistles for groups who target these minorities are forbidden.
- Species: "Kofling" - They tend to irritate the Artist's trypophobia.
Section 2: General Information
- The Artist reserves the right to deny a commission for any reason, with or without explanation.
- The Artist reserves the right to cancel a commission for any reason, with or without explanation.
- (Review Section 6 for information on cancellations and refunds.)
- The Client reserves the right to cancel a commission for any reason, with or without explanation.
- (Review Section 6 for information on cancellations and refunds.)
- The Artist has the right to upload and display a watermarked copy of the commission on social media (tumblr, twitter, deviantART, furaffinity, et cetera) if the Client does not request otherwise prior to commission completion.
- The Client will render payment at the time of final sketch acceptance (or sooner, should they desire), which will be displayed watermarked, before the commission is fully completed.
- The Artist will not accept commissions as "rush" orders or with deadlines less than one month away from accepted date.
- The Client may contact the Artist at any time to ask for commission updates, but no more frequently than twice a week.
- The Artist will not accept commission payment from people under the age of 18. The Artist currently only accepts Paypal and it is against their TOS for its users to be underage.
- The Client may request the Artist make major edits to the artwork up until a final sketch is rendered and payment is tendered. Afterwards, tweaks and small edits will be permitted until the work is completed. Additionally, if the Client is requesting massive edits upon each update, the Artist reserves the right to begin charging for additional changes of this nature.
Section 3: Image Rights
- The Client may make minor edits to the artwork after commission completion at their discretion (watermarking, cropping, or otherwise doing color overlays).
- When the Client makes edits after commission completion, the Artist is not responsible for lost or damaged files and will not replace any commission accidentally deleted or ruined through actions taken by the Client.
- When the Client makes edits after commission completion, the Artist will not issue a refund for any lost or damaged files for commissions accidentally deleted or ruined through actions taken by the Client.
- The Client may upload the artwork to any associated character profile(s) on any website provided the Artist is credited for their work either visibly or upon being asked. Similarly, any other form of private, non-commercial use is permitted.
- The Client may not use the artwork for commercial use (such as, but not limited to, magazine ads, gift cards, t-shirts, or other merchandise) unless discussed with the Artist beforehand.
- Character resale is not considered commercial in this context.
- NFTs or "Non-fungible token"s are considered commercial use and are strictly prohibited. Attempts at creating an NFT from commissioned artwork will result in immediate DMCA action and a prohibition from attempted future purchases.
- The Client may not claim the commission as their own creation whether or not they performed minor edits to the commission after completion.
- The Artist cannot/will not claim ownership of any character(s) depicted in the commission. Subjects belong to their rightful owner(s).
- The Client may not use the work of the Artist for any form of AI data training.
Section 4: Delivery / Turnaround
- All commissions will be done digitally.
- There is not, and will not be a physical copy of the commission.
- The Client will not be charged for shipping/handling, as the product is digital only.
- All commissions will be done in one of the Client's selected style from the Artist's samples.
- All commissions will be exported in a .PNG format no smaller than 500x500px with the exception of "Eyecons" which are 250x250px.
- All commissions will be delivered to the Client from the Artist via the specified communication method.
- The Client is responsible for keeping communication open and available; the Artist will not search for other methods through which to communicate with the Client if the specified path is unavailable.
- Unless privacy is requested at the time of commission, all public uploads of the artwork by the Artist on social media platforms will be edited slightly with some indication of it being a public upload (eg. 'PREVIEW', 'NOT FREE', et cetera).
- The Client is responsible for watermarking their own copies of the artwork if displayed publicly.
- Should the Client opt to display the artwork un-watermarked to the public, the Client is required to notify the Artist to help in the initiation of any DMCA take-down request(s) in the event of theft or unauthorized use.
- All commissions will be completed within one month (4 weeks) of being accepted unless otherwise specified by the Artist.
Section 5: Payment
- Payment is to be made after the initial sketch/linework is approved by the Client.
- Payment may be done in the form of partial payments or payments made over time, but the full commission will not be delivered to the Client by the Artist unless payment has been fully completed.
- Payment is to be made through Paypal in the form of an invoice sent by the Artist to the Client.
- Payment options made via other means (venmo, google wallet, kofi, deviantART points, et cetera) are not accepted by the Artist unless otherwise specified.
- All prices are presented in and payment is requested in USD (United States Dollar).
- The Artist will send no more than one (1) invoice reminder after the commission sketch is approved before moving onto other clients. If the Client does not render payment within one month (4 weeks) of approving the sketch for color, the commission will be cancelled.
Section 6: Cancellation/Refunds
- Should the Client cancel their commission at any time, they will receive a refund based on what stage the commission is in:
- 50% - Commission sketch/lines have been approved for color
- 40% - Commission has been flat colored
- 20% - Commission has been colored/shaded and is pending final touches
- 50% - Commission sketch/lines have been approved for color
- No refund is offered should the Client find themself dissatisfied with the final product.
- As edits are permitted up to the full completion of the commission, the Client is wholly responsible for voicing any concerns regarding missing details or other such things of note.
- A full (100%) refund is offered if the Artist cancels the commission for any reason, along with a .PNG file of the artwork at its current stage.
TOS outline largely referenced from Waxraven & AviCode!