Terms of Service
Latest revision: August 9, 2023As a commissioner, you are expected to read and follow this policy. It may be updated at any time. By commissioning me, you are stating that you agree to these terms.
These Terms of Service are relevant to NONCOMMERCIAL projects only and are subject to revisions, editing, and additions without notice.
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The Client must be over 18 years of age in order to purchase a commission, as this is a legal agreement. By submitting an application for commission, the Client agrees that they are over 18 years of age and agree to these terms. Violation of these terms or any part of them can result in an immediate blacklisting for any future work.
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The Client may not profit from the artwork . This includes the sale of the digital files, rights to the image, minting Non-Fungible Tokens, any blockchain or cryptocurrency related technology.
Neither the Client nor any other party nor any bot may use the Commissioned Artwork, or any other Artwork made by this Artist to create or train an Artificial Intelligence (AI) model/engine or any other form of digitally-generated image-associated item or technology.
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A "Will and Won't Draw" list for this Artist can be found at the following link. PLEASE NOTE that this list contains descriptions of sensitive, NSFW, adult-rated material:
Application Process:
> 1) A form will be provided that must be filled out completely and properly in order to apply for a commission. This form will be posted on the Artist’s personal sites when commissions are open. This form is the only way to apply for a commission.> 2) If the Client would like to submit more than one idea for commission, a separate form must be submitted. Please note somewhere which of the forms may be chosen.> 3) The Client must provide clear and concise visual reference(s) to order a commission. Exceptions may be made for thorough written descriptions if the Client is ordering a character design or reference sheet.> 4) If requesting any content involving nudity, etc, please make sure to provide an appropriate NSFW reference and/or description.> 5) If a commission is chosen, an email confirmation and Invoice will be provided by the Artist (Paypal only). Filling out this form only submits an application for commission, and does not guarantee a commission slot.
Payment:
> 6) Payments are accepted in USD only, through Paypal. The artist will not accept payment in any other form at this time.> 7) Displayed base prices are subject to change according to the complexity, difficulty, size and medium of each individual piece.> 8) For works less than $200, payment is due in full within 5 days of invoice being sent or the commission will be dropped. For works more than $200, payments of at least 50% must be made within 2 days (48 hours) of invoice being sent or the commission will be dropped. For these, one invoice will be sent with the option to pay in part or in full (Paypal.) Payment plans are available upon request on a case by case basis. Once payment has cleared, the Client's commission will be added to the Artist's work queue.> 9) If not immediately paid in full, the remaining balance must be received by the Artist before any finished work will be transferred to the Client. All payments are to be made on the same initial invoice.
Progress & Communication:
> 10) Communications about commissions between the client and Artist will take place solely through [email protected] for the purpose of record-keeping. The artist will not discuss commissions with a Client using personal note, instant messenger, or public forum unless absolutely necessary.> 11) The Client will have the opportunity to direct alterations of the work during the sketch/thumbnail stage, and again at the flat color stage. Requested revisions that diverge from the Client's original commission description/references may increase the length of time a commission takes, and may be billed separately. Minor revisions can be made after the commission is complete. *Change requests in general are asked to be made in one clearly written message (not in several turns after every new preview).> 12) If a character design has been updated during the commission process, the Artist will adjust it. Depending on the amount of changes, and the stage the commission is at, the edits may be free or incur an additional charge (e.g. if the character now has a completely different design or added accessories/wings). If the commission is not yet started, or is in the sketch phase, and the Client is unhappy with additional incurred charges, a refund may be offered.> 13) Commissions are estimated to take 1-4 weeks to complete. If delays arise, you will be notified via email or social if necessary.> 14) The Artist may not be available to answer emails at any time for any reason, whether it be a holiday, a difference of time zone or schedule, an emergency, etc. If you do not receive an email reply within 7 days, I encourage you to resend your email. Occasionally client emails are lost in the shuffle or accidentally deleted.> 15) When the work is finished and if 100% of the payment has been received, the Artist will email the Client the finished commission files. These will include an unwatermarked hi-resolution file solely and specifically for the Client’s personal use that is not to be posted online or shared, as well as a smaller watermarked file that the Client is free to post in their online galleries and share if they choose. If 100% of the payment has not been made by the time the Artist has finished the commission, the Artist will hold on to the files until full payment is cleared.
After completion:
> 16) If the artwork is finished and the commissioner has changed their mind about a great detail of the artwork, (e.g. a pose/background.design) and wants changes, the request will not be accepted. ⁕ If the Artist made a mistake and forgot markings that were visible on the given reference, the edit will be free of charge.> 17) The Artist retains the right to display all commissioned work on any personal website, gallery, or journal. If the commissioned work is a time-sensitive gift the Artist may delay public showcase at the request of the Client. A commissioned work may remain private for an additional Privacy Fee of 3%.
Refunds:
> 18) Refund policy is as follows;
-If the client wishes to cancel their commission before work begins, the artist will retain 5% of the original commission payment in US dollars as a convenience fee.
- In the event of Client cancellation during the sketch/thumbnail stage phase, a 50% refund of original payment will be issued.
-No refund will be issued if the Client cancels during the color stage, or after the commission is complete. If the Artist cancels the commission, 100% of the original commission payment in US dollars will be refunded to the Client.> 19) The Artist reserves the right to cancel a commission and issue a refund due to poor response times, rude or inappropriate behavior, or inability to communicate in clear/effective manner, or unforeseen inability to complete the commission. As English is the Artist’s native language, all correspondence must be in English.> 20) In the event that a client is unreachable by ordinary contact means (email) for 3 months or more, the Artist reserves the right to cancel the commission and offer a refund for the portion of the work that has not yet been done. If the Client is unreachable for 6 months or more, a refund will not be issued. This time period is only valid if the commission is in progress and the Artist has made efforts to get in touch with the Client. If the work is later in queue or has otherwise not been started, this does not apply.> 21) Refunds will be issued exclusively by the Artist. Any instance of a chargeback or dispute will result in a blacklisting of the Client from any future work.
Livestreaming:
> 22) The Artist reserves the right to livestream work via Picarto (MinzyKat). Clients are welcome to join streams and give real-time feedback about the commission(s). Of course, gifts/private works will not be streamed for any part of the process.> 23) Due to schedules and time zones, the Artist is not able to schedule streams at specific times to match with a Client.
Rights:
> 24) The Artist reserves the right to decline any commission for any reason at any time.> 25) The Artist retains ALL the rights to the commissioned artwork, including the right to make prints and merchandise, and to alter the commissioned work to make it more generic for print at the Artist’s discretion. Image rights can be negotiated.> 26) The Client may create prints for personal use (display in their home or as gifts). The Client may also resize or crop the artwork to create icons, wallpapers, or other graphics to be used in non-commercial digital format, but the Client cannot alter the artwork itself, remove the signature or watermark, or use it in a way that creates a profit. The Client may also upload the artwork to their personal website or gallery accompanied by a credit line to the Artist, and it must not be any high resolution or unwatermarked version of the artwork.> 27) The Client may not profit from the artwork beyond the resale of a physical original painting or drawing (traditional media, not digital). This includes the sale of the digital files, rights to the image, minting Non-Fungible Tokens, any blockchain or cryptocurrency related technology.> 28) The Client retains all rights to their respective characters. This does not allow them rights to the commissioned image.> 29) The Artist may recycle sketches and preparatory works that were rejected by the Commissioner for other commissions or personal works.> 30) The Artist is not responsible for lost or damaged items sent by mail.
Privacy:
> 31) The Artist collects Clients’ contact and payment emails through Google Drive and Gmail, as well as whatever name the client has on file with Paypal, in order to accept and fulfill orders and collect payment.> 32) The Artist does not save and/or use any of the information collected except for personal/tax records.> 33) No information collected will be shared with anyone, third-party or otherwise, unless it is the same Client asking what information they used for a given commission.> 34) If a Client does not want their information saved in the Artist’s records, the Client should contact the Artist about it and the Artist will make sure it is all removed.> 35) The Artist retains the right to keep personal records and information of blacklisted clients.
The Client must read, understand and agree to all the above terms before entering into an agreement with the Artist. By sending payment, the Client agrees to the above terms.