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Updated Terms of Service (ToS)
12 years ago
I've found the need to go and update my Terms of Service (ToS) a bit in order to make a couple of things clearer as well as add some issues I find important.
Please make sure you've read, understood and agreed to these ToS before contacting me about a commission, thank you.
TERMS OF SERVICE
GENERAL
1) These terms are subject to revising, editing, and additions without notice.
3) When ordering a commission, please provide the following information: Your PayPal address, your e-mail address (if different from your PayPal address) and a proper description of your commission, including commission type, character info, expression, pose, background and anything else you think to be important. Please be as detailed as possible. If you have got any references (existing artwork, photos, etc.), you can add them as well. The more detailed your description, the more I can make the artwork to your liking.
4) All communications concerning your commission will be made through e-mail (imiak(at)gmx.at)) alone to ensure all information and communications are collected in one location. I won't discuss details of a commission via instant messenger, private note or public forums. Remember, this is not my PayPal adress, so please don't try to send money there.
5) If you wish to cancel your commission during the sketch stage you will be refunded 50% of what you paid.
6) If you wish to cancel the commission during or after the colouring stage there will be no refund.
7) I reserve the right to issue a refund and cancel a commission due to poor communication, rude or inappropriate behaviour or inability to communicate in effective English or German.
PAYMENT
1) All prices as stated in these terms are in Euro. You can easily convert these prices to any currency using www.xe.com or any other currency converter.
2) Displayed base prices are subject to change according to the complexity, difficulty, size and medium of each individual piece.
3) If you're first-time customer, full payment is required up-front. For returning and reliable customers I offer a partial payment option for commissions above EUR 120,-. In this case you may choose to pay fifty percent up-front and the remaining fifty percent once the commission is complete. After transferring the second payment you will receive the full resolution file.
4) I accept international payment via PayPal. If you're living within the Euro area, bank transfer is an option, as well. Contact me for further information, if you prefer the latter method.
5) If you're using PayPal, please don't transfer money directly to me. I will send you an invoice with the agreed amount.
PROCESS
1) Once type of artwork, motif and price are agreed on, I will send you an invoice via PayPal. I won't request payment until your commission has reached the top of the work queue. After your payment is received, I will start working. You will receive a first composition thumbnail sketch for approval as soon as possible.
2) Critique and redline corrections for commissions above EUR 60,- are welcome to ensure the best result. Commissions under said price are considered as small works, and thus time for revising sketches is not included in the price.
3) Changes will be made for free up to three times depending on complexity of the commission during the thumbnail stage. For further revisions I will charge an additional fee depending on the extent of changes. Once I have started coloring, I won't be able to accept any changes anymore.
4) I reserve the right to reject critique and redlines pertaining to artistic skill or style preference (i.e. anatomy, colouring style, composition, etc.) if said critique would reduce the artistic quality of the piece.
5) For full illustrations I will provide in progress previews if requested.
6) Completing the artwork should take between one and four weeks, depending on size and complexity. More complex motives may take longer to complete. Please take in account if there are still other commissions before yours in queue.
7) If you need your commission to be finished until a certain date, please inform me at least a month beforehand (or earlier for complex motives). Due to work queues I can't
guarantee to start working immediately after receiving your inquiry.
8) To see the status of your commission, you can take a look at the work queue on my profile page or respective journal entries at any time. I will notice you if there should be any longer delays.
COPYRIGHT
1) All copyright on the artwork remains with me, the artist. I retain the right to display the artwork and upload it to my online galleries. Also, I retain the right to produce prints or other merchandise of the commissioned artwork or use it in printed portfolios. If you don't want your artwork to be used for prints or portfolios, please tell me along with your commission information.
2) You are allowed to use the commissioned artwork as icons, badges, wallpapers and other personal, non-commercial use. You are not allowed to alter the artwork itself in any way.
3) You are allowed to upload a provided web-safe version of the artwork to your own galleries for non-commercial use. Please credit me, when doing so.
4) You are not allowed to re-sell the artwork or use it for any other commercial purpose.
LIMITATIONS
1) I reserve the right to decline commissions dealing with certain topics, including offensive and hateful artwork, extreme violence and illegal activities, or any other themes I see as inappropriate or don't feel comfortable with for any reasons.
2) Sexual themed artwork will be considered on a case-by-case basis and is limited to male content only.
Please make sure you've read, understood and agreed to these ToS before contacting me about a commission, thank you.
TERMS OF SERVICE
GENERAL
1) These terms are subject to revising, editing, and additions without notice.
3) When ordering a commission, please provide the following information: Your PayPal address, your e-mail address (if different from your PayPal address) and a proper description of your commission, including commission type, character info, expression, pose, background and anything else you think to be important. Please be as detailed as possible. If you have got any references (existing artwork, photos, etc.), you can add them as well. The more detailed your description, the more I can make the artwork to your liking.
4) All communications concerning your commission will be made through e-mail (imiak(at)gmx.at)) alone to ensure all information and communications are collected in one location. I won't discuss details of a commission via instant messenger, private note or public forums. Remember, this is not my PayPal adress, so please don't try to send money there.
5) If you wish to cancel your commission during the sketch stage you will be refunded 50% of what you paid.
6) If you wish to cancel the commission during or after the colouring stage there will be no refund.
7) I reserve the right to issue a refund and cancel a commission due to poor communication, rude or inappropriate behaviour or inability to communicate in effective English or German.
PAYMENT
1) All prices as stated in these terms are in Euro. You can easily convert these prices to any currency using www.xe.com or any other currency converter.
2) Displayed base prices are subject to change according to the complexity, difficulty, size and medium of each individual piece.
3) If you're first-time customer, full payment is required up-front. For returning and reliable customers I offer a partial payment option for commissions above EUR 120,-. In this case you may choose to pay fifty percent up-front and the remaining fifty percent once the commission is complete. After transferring the second payment you will receive the full resolution file.
4) I accept international payment via PayPal. If you're living within the Euro area, bank transfer is an option, as well. Contact me for further information, if you prefer the latter method.
5) If you're using PayPal, please don't transfer money directly to me. I will send you an invoice with the agreed amount.
PROCESS
1) Once type of artwork, motif and price are agreed on, I will send you an invoice via PayPal. I won't request payment until your commission has reached the top of the work queue. After your payment is received, I will start working. You will receive a first composition thumbnail sketch for approval as soon as possible.
2) Critique and redline corrections for commissions above EUR 60,- are welcome to ensure the best result. Commissions under said price are considered as small works, and thus time for revising sketches is not included in the price.
3) Changes will be made for free up to three times depending on complexity of the commission during the thumbnail stage. For further revisions I will charge an additional fee depending on the extent of changes. Once I have started coloring, I won't be able to accept any changes anymore.
4) I reserve the right to reject critique and redlines pertaining to artistic skill or style preference (i.e. anatomy, colouring style, composition, etc.) if said critique would reduce the artistic quality of the piece.
5) For full illustrations I will provide in progress previews if requested.
6) Completing the artwork should take between one and four weeks, depending on size and complexity. More complex motives may take longer to complete. Please take in account if there are still other commissions before yours in queue.
7) If you need your commission to be finished until a certain date, please inform me at least a month beforehand (or earlier for complex motives). Due to work queues I can't
guarantee to start working immediately after receiving your inquiry.
8) To see the status of your commission, you can take a look at the work queue on my profile page or respective journal entries at any time. I will notice you if there should be any longer delays.
COPYRIGHT
1) All copyright on the artwork remains with me, the artist. I retain the right to display the artwork and upload it to my online galleries. Also, I retain the right to produce prints or other merchandise of the commissioned artwork or use it in printed portfolios. If you don't want your artwork to be used for prints or portfolios, please tell me along with your commission information.
2) You are allowed to use the commissioned artwork as icons, badges, wallpapers and other personal, non-commercial use. You are not allowed to alter the artwork itself in any way.
3) You are allowed to upload a provided web-safe version of the artwork to your own galleries for non-commercial use. Please credit me, when doing so.
4) You are not allowed to re-sell the artwork or use it for any other commercial purpose.
LIMITATIONS
1) I reserve the right to decline commissions dealing with certain topics, including offensive and hateful artwork, extreme violence and illegal activities, or any other themes I see as inappropriate or don't feel comfortable with for any reasons.
2) Sexual themed artwork will be considered on a case-by-case basis and is limited to male content only.
Leongon
~leongon
It's against PayPal rules to charge your clients specifically to cover PayPal fees.
imiak
~imiak
OP
I've taken some time to study PayPal's ToS. Apparently there isn't such a restriction in the German version of their rules, as long as you inform your clients beforehand. However, they seem to have a problem with it in the US and therefore probably some other countries, as well. So, as to treat everyone the same, I've removed that part.
