Commission TOS
12 years ago
In preparation for opening for commissions soon, these are the terms you agree to if you commission me in any way. I know this is all SUPER BORING, so I will try to make it amusing, if you really want to read it. If you have any questions, comments, suggestions, leave a comment below and I'll answer and update. I've never had a bad experience with a commissioner, this isn't meant to weed anyone out, it's simply to prevent bad shit happening, to cover -both- our asses, artist and patron. Alright then!
Fluff-Kevlar's Terms of Service
1. Payment and Definition
Payment must be made upfront. PayPal is preferred. Mark payment as SERVICES. You are commissioning me to create a work. You are not buying said work from me. You are paying for a service rendered, to your specification, not a product. Therefore, you have the right to guide me into creating a work based upon guidelines established during contact before payment is made. I will do everything I can to please the customer within a decent and appropriate timeframe. No year-long commissions, i promise. But you also can't ask for major changes constantly. Would drive me nuts. The number of times I will show progress depends on the commission type, but I will always allow a fair amount of final changes before finish.
2. Copyright and distribution
"The copyright in the work of authorship immediately becomes the property of the author who created the work." ( http://www.arsny.com/ ) I retain the right to anything I produce, living in the US, I follow US copyright law. Unless I specifically grant the patron the right to the work in tangible format, the rights to distribute the work, for profit or otherwise, are continued to be held by me, from moment of creation. The privilege to host or distribute my work online is not the same thing as giving them copyright of the work. Permission to distribute is granted traditionally to the patron unless otherwise stated in commission discussion before payment. For example, private commissions and such. I retain the right to include your commission in sold works of my own such as prints, digitally distributed or printed portfolios. I will provide the full-size version of your piece if you ask for it. If not, I'll just post the standard size. So in simple terms:
You May:
Upload it on your own free-to-access accounts.
Use it as an icon/profile image on your accounts.
Print it for yourself as a badge/etc.
Colour or ink it, or get another artist to colour or ink it, if you bought a non ink/colour piece.
You May Not:
Use it to generate revenue for anyone, even me, without my permission.
Put it into SL image packs, paysite galleries, or paid-type image dumps.
Heavily edit or rework the image.
I obviously can't stop you from doing some of these, but it will certainly make me think twice about me doing more work for you in the future.
3. Use of my characters in your commission
You are free to request my characters in your commission, as long as a few things are noted. There are some of my characters that I will not allow adult art of, or limit the sexual exposure of in some way. I will not include them in stuff they flat-out would not do. I'm a fan of non-canon art but there are still some limits. I will always have the final say in whether a character of mine is used in something or not, and I ask you to respect my decisions for doing so, even if none is given. There are times where I may just not be comfortable doing it and I cannot explain why. This is a per-instance basis and will vary on person to person, idea to idea.
4. What I will not draw
I'm generally accepting of most things and can try to find a common ground I'm comfortable with for a few kinks, but some examples are:
Will Not Draw: Gore, Scat/WS, Cub, Hard vore, inflation, birthing, rape and similar extremes.
Possibly Draw:* Soft vore, macro/micro, distention, ferals, size difference, multiboob
Will Draw: Herms/shemales, bondage, tentacles, weapons, landscapes, cityscapes and inorganics
*picture-to-picture basis, sometime's I'll be okay with it, other times not.
Ask beforehand. I can't possibly list every damn fetish here!
5. Timeframe
If you need a picture by a certain date, I must be informed before payment, heck, even before the idea is given. Same applies to if you need within a general timeframe, i.e. "one month". As a rule of thumb, I start and finish commissions one at a time, in order of payment, not in order of slots/info received. I also reserve the right of setting an indefinite due date, but I generally put a 'soft cap' on my commissions of a month. Meaning, I generally will not take a month to do it, but if real life interferes, payment problems, or some other emergency occurs, I still try my hardest to complete within one month, but by no means can I promise anything. However, if one month has passed without completion, I will offer either a partial bonus, extra, partial refund, or something to make up for the time taken. If for any reason two months pass without completion, I will refund you in full.
6. Revisions and Refunds
Depending on the commission type, I will show you progress/final and accept minor changes each time. I don't have a hard limit on the number of revisions, but completely reworking something is out of the question after sketch is approved. Payment is made upfront. I will make 2 attempts to sketch what you want. If either is declined, I reserve the right to reuse the sketch for some other piece in the future. Partial refunds or bonus work is offered if I take more than a month to finish your piece, full refunds offered if I take more than two. Not that that's ever happened, but this is a document of hard worded crap. If you wish for a refund sooner than that, I will refund you based on the amount of work done. If you request a refund before inking is finished, you'll be refunded 60% of what you paid. If after inks, 40%. If during colour, 20%. No refunds after it's finished, obviously.
7. Submitting for a Commission [Updated 2.25.2016]
There are multiple ways I take commissions. These categories don't interfere with each other, for example, someone who wins an auction isn't necessarily 'cutting in line' to those I've already chosen to take on. I switch between projects often to keep me motivated. The ways I can pick a commission are:
Auction Images (YCH, one-offs, wing-it etc)
Email (details below)
Formal Opening via Journal (rare) (details below)
"Email" means write one with the following information to my artist email, fkevlar at gmail dot com:
Include the type of commission, as listed by name/example on my commissions page.
Paypal address.
Number of characters.
Rating: G-X
Background: something specific(simplified), something detailed(extra), or none.
Description and references.
I will hold onto the info, and look/sort through the emails I get, but it's not a waitlist or a guarantee. I tend to pick ideas that I like. Sorry if that sounds unfair, that's just how I work. My work is at its peak when I enjoy what I'm doing, I get it done faster, and at a higher quality. I will not reply to all emails, just to the ones I decide to take, and the ones I definitely would not do, to let people know.
"Formal Opening via Journal" is where I don't do "first come, first served" and instead open journals for a specific amount of time, let people comment, and then run numbers from an online generator to pick those who get chosen, or pick the ones most appealing. If you would prefer the commission info be sent in private, STILL LEAVE A COMMENT! Leave a comment saying "Noted with description" or "emailed", etc. You're welcome to submit the same idea more than once. If you are selected, but for some reason I decline your idea/subject matter, you may come up with another one, you won't lose your slot.
Fluff-Kevlar's Terms of Service
1. Payment and Definition
Payment must be made upfront. PayPal is preferred. Mark payment as SERVICES. You are commissioning me to create a work. You are not buying said work from me. You are paying for a service rendered, to your specification, not a product. Therefore, you have the right to guide me into creating a work based upon guidelines established during contact before payment is made. I will do everything I can to please the customer within a decent and appropriate timeframe. No year-long commissions, i promise. But you also can't ask for major changes constantly. Would drive me nuts. The number of times I will show progress depends on the commission type, but I will always allow a fair amount of final changes before finish.
2. Copyright and distribution
"The copyright in the work of authorship immediately becomes the property of the author who created the work." ( http://www.arsny.com/ ) I retain the right to anything I produce, living in the US, I follow US copyright law. Unless I specifically grant the patron the right to the work in tangible format, the rights to distribute the work, for profit or otherwise, are continued to be held by me, from moment of creation. The privilege to host or distribute my work online is not the same thing as giving them copyright of the work. Permission to distribute is granted traditionally to the patron unless otherwise stated in commission discussion before payment. For example, private commissions and such. I retain the right to include your commission in sold works of my own such as prints, digitally distributed or printed portfolios. I will provide the full-size version of your piece if you ask for it. If not, I'll just post the standard size. So in simple terms:
You May:
Upload it on your own free-to-access accounts.
Use it as an icon/profile image on your accounts.
Print it for yourself as a badge/etc.
Colour or ink it, or get another artist to colour or ink it, if you bought a non ink/colour piece.
You May Not:
Use it to generate revenue for anyone, even me, without my permission.
Put it into SL image packs, paysite galleries, or paid-type image dumps.
Heavily edit or rework the image.
I obviously can't stop you from doing some of these, but it will certainly make me think twice about me doing more work for you in the future.
3. Use of my characters in your commission
You are free to request my characters in your commission, as long as a few things are noted. There are some of my characters that I will not allow adult art of, or limit the sexual exposure of in some way. I will not include them in stuff they flat-out would not do. I'm a fan of non-canon art but there are still some limits. I will always have the final say in whether a character of mine is used in something or not, and I ask you to respect my decisions for doing so, even if none is given. There are times where I may just not be comfortable doing it and I cannot explain why. This is a per-instance basis and will vary on person to person, idea to idea.
4. What I will not draw
I'm generally accepting of most things and can try to find a common ground I'm comfortable with for a few kinks, but some examples are:
Will Not Draw: Gore, Scat/WS, Cub, Hard vore, inflation, birthing, rape and similar extremes.
Possibly Draw:* Soft vore, macro/micro, distention, ferals, size difference, multiboob
Will Draw: Herms/shemales, bondage, tentacles, weapons, landscapes, cityscapes and inorganics
*picture-to-picture basis, sometime's I'll be okay with it, other times not.
Ask beforehand. I can't possibly list every damn fetish here!
5. Timeframe
If you need a picture by a certain date, I must be informed before payment, heck, even before the idea is given. Same applies to if you need within a general timeframe, i.e. "one month". As a rule of thumb, I start and finish commissions one at a time, in order of payment, not in order of slots/info received. I also reserve the right of setting an indefinite due date, but I generally put a 'soft cap' on my commissions of a month. Meaning, I generally will not take a month to do it, but if real life interferes, payment problems, or some other emergency occurs, I still try my hardest to complete within one month, but by no means can I promise anything. However, if one month has passed without completion, I will offer either a partial bonus, extra, partial refund, or something to make up for the time taken. If for any reason two months pass without completion, I will refund you in full.
6. Revisions and Refunds
Depending on the commission type, I will show you progress/final and accept minor changes each time. I don't have a hard limit on the number of revisions, but completely reworking something is out of the question after sketch is approved. Payment is made upfront. I will make 2 attempts to sketch what you want. If either is declined, I reserve the right to reuse the sketch for some other piece in the future. Partial refunds or bonus work is offered if I take more than a month to finish your piece, full refunds offered if I take more than two. Not that that's ever happened, but this is a document of hard worded crap. If you wish for a refund sooner than that, I will refund you based on the amount of work done. If you request a refund before inking is finished, you'll be refunded 60% of what you paid. If after inks, 40%. If during colour, 20%. No refunds after it's finished, obviously.
7. Submitting for a Commission [Updated 2.25.2016]
There are multiple ways I take commissions. These categories don't interfere with each other, for example, someone who wins an auction isn't necessarily 'cutting in line' to those I've already chosen to take on. I switch between projects often to keep me motivated. The ways I can pick a commission are:
Auction Images (YCH, one-offs, wing-it etc)
Email (details below)
Formal Opening via Journal (rare) (details below)
"Email" means write one with the following information to my artist email, fkevlar at gmail dot com:
Include the type of commission, as listed by name/example on my commissions page.
Paypal address.
Number of characters.
Rating: G-X
Background: something specific(simplified), something detailed(extra), or none.
Description and references.
I will hold onto the info, and look/sort through the emails I get, but it's not a waitlist or a guarantee. I tend to pick ideas that I like. Sorry if that sounds unfair, that's just how I work. My work is at its peak when I enjoy what I'm doing, I get it done faster, and at a higher quality. I will not reply to all emails, just to the ones I decide to take, and the ones I definitely would not do, to let people know.
"Formal Opening via Journal" is where I don't do "first come, first served" and instead open journals for a specific amount of time, let people comment, and then run numbers from an online generator to pick those who get chosen, or pick the ones most appealing. If you would prefer the commission info be sent in private, STILL LEAVE A COMMENT! Leave a comment saying "Noted with description" or "emailed", etc. You're welcome to submit the same idea more than once. If you are selected, but for some reason I decline your idea/subject matter, you may come up with another one, you won't lose your slot.
FA+

why you no let me fave journals!? D:
'think you know the ladies I have in mind for said pieces ;p
quick, rally the troops and i'll grab the pitchforks and torches
*attempts to bring my vast number of b/ros to our cause as well*
I QUIT!!!!!
I still need to write up a real ToS. I still just go "no it looks like you forgot to mention that in your initial E-mail, and..."
Don't be a dic-
Don't be.... Ah fuck it.
And then, on the off chance, should I send you the details in a note now, to help you out?
(Speaking of which, I've never commissioned anybody before, so I don't know how to do this at all. xD)
(And also, I was just trying to get a feel for it at the moment, as I don't have any method of income at this very moment, but I have 2 interviews coming up so I'm hopeful. I've wanted to comm. you for a while now. (It's just that now I'll hopefully have the means of it soon. Hahaha)
Regardless, Thanks for reading and have a nice day ^-^
Well, when the time comes when I have funds, I'll see about just commissioning her then. ^-^ Seriously though, thanks for responding C: And, if I may, you need more art of Ara x3 She's awesome. My favorite of your characters. Haha
Have a good day!
Also... What does RNG mean?
Another question I have since I didn't see it anywhere in your TOS: do you do description based commissions?
What would be the price of an uncolored sketch?