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TOS Online Version.
12 years ago
Okay so I've run into a problem where a previous costumer wanted to use a comission for something that would be getting donations...But did not purchase a copyright/image buyout. My TOS has always been with me at cons and available on request. I'm openly posting it now due to these issues and the TOS applies to all of my artwork new or old!
I've used
Anyare's general document style (which is so much easier to read) and some awesome fancy words I learned from her revised TOS.
Nilwing Terms of Service
Revision date: First written April 11th 2011 now posted online Feb 10th, 2014.
Objective:
My objective is to provide the comissioner with an enjoyable and satifactory experience with production process of my artistic abilities on the requested image.
The Steps- Request for Commission(s):
The type and details are discussed through means of the Furaffinity or hotmail e-mailing systems (notes otherwise). Prices and art available are to be discussed with what I, the artist currently have available.
After I have accepted the commission, the commissioner must provide me with the necessary details within 48 hours time or it's to my discretion to deny services/take up another commission. If any important details are left out due to the comissioner's failure to state them I may refuse to add or charge extra depending on complexity of the request. Feel free to use any medium to convey your idea i.e. drawings, written description, etc. (But I must be able to discern them properly.)
Copyright/Copyright Buyout and Usage (VERY IMPORTANT):
I retain ALL rights, including copyright, to any work that I create. This is unless, the copyright is purchased for an additional fee ("bought out") of my choosing by the ORIGINAL comissioner. Buyout will allow the new copyright holder to edit, change, etc on the image but I still require credit to be noted to me. (Yes the characters, clothing, etc. requested are of your idea but the art I produce in the requested image is of my work aka. the art!) Commissioners may NOT use my work for commercial or for-profit purposes without my explicit permission, especially if profit or donations to another is involved.
Regarding Signature of Artist and Watermark:
The commissioner may not remove my watermark under ANY circumstance, even unless given explicit permission or bought-out copyright (allows this to be edited out but credit still must be given). Personal use printing (not-for-profit) are allowed. I reserve the right to post the finished and processes of the image on any of my galleries ( examples: Deviantart, FurAffinity, Blogspot, Tumblr, etc.) unless otherwise notified beforehand which will require a privacy fee to be dealt on my own discretion.
Regarding your Characters:
I am bound to fullfill any approved requests to keep a record/modify any work that contains characters or objects that are copyrighted to another individual or organization. Note that this means that you WILL be obligated to remove my work from any of your personal or commercial online and offline presences as well. Please ensure that you have proper permission to use all characters and/or objects that you wish to use in your commission (I can and will refuse to draw copyrighted characters I recognize). Fees for missed details on comissioner's part on their owned characters are subject to fees.
Quotes & Waiting Time
If there is any delay on your commission, you WILL BE NOTIFIED (unless immediate personal emergancies arise ie. schooling, offline main workplace jobs, family, moving, etc). You are welcome to e-mail/note me at anytime and ask about the status of your commission. I will happily answer any polite and rational questions you may have (angry or rude messages will be dismissed).
If you wish to have an image completed by a specific deadline, it is imperative that you PLEASE notify me during the initial commission request. We can work then something out if the timeframe is humanely possible. I do request I have at least a minimum of three weeks to complete a basic commission due to lack of workspace.
The commission will be considered accepted when first payment has been received.
Payment:
I require all payment upfront (or installments if approved by me). The conditions to Installments are at the start and then at completion of the image. All payment is done through PayPal unless in a convention setting where cash can be accepted. The commissioner will be emailed a PayPal invoice and payment must be in CAD (Canadian Dollars).
Private Commissions:
If you wish for your commission to remain private and unposted to personal galleries (Including FurAffinity, Weasyl, Blogspot, etc.), there is an additional fees. Please notify me before requesting the commission so a properly estimated quote can be given.
Revisions:
Commissioners are allowed one large revision for free ie. arm, head or clothing adjustment. As long as it does not require a complete redraw of the entire image I can edit things (simple colours ie. eyes). Small revisions (2 max most cases) are to my descretion. Anything after these revisions, will carry an extra fee depending on the request anywhere between $5 - $20 per (I do not do full redraws if orignal sketches are approved).
Revisions in Colour and Missed Items:
Anything that requires major recolouring will be charged $5 - $20 depending on scale. There are any character/item on my part (i.e. discussed in advance when initially requesting the commission) they will of course be fixed free of charge. If left out by comissioner that will incur fees on my discretion.
Final Deliverable:
This varies depending on what media I use! For digital commissions, I will provide you with .PNG file appropriate for posting to online galleries (high resolution on request).
Files can either be sent via gallery download, E-Mail, Dropbox or any other discussed method. I keep a backup of all my art and commissioners are welcome to request the files from me again in the future if they are ever lost.
I do NOT give out .PSD files.
For traditional commissions I will either scan or photograph the image to be requested for my gallery posting (which in turn can be put into comissioner's gallery) as a .JPEG. A large watermark will be added digitally or inked with pen on original. Original hardcopies have my signatures inked or pencilled and badges/keychains will be laminated unless stated otherwise.
Again, commissioners are welcome to post their commissions to any of their personal galleries with proper credit and link to my gallery. Commissions may be printed for personal use only.
Payment Installations-Final Payment:
The final deliverable will be withheld until payment is received in full. Commissioners will be able to view the completed deliverable in low resolution JPEG format only, with watermarking. If there is any issue with the final image, please let me know as soon as possible!
(If applicable) Mailing:
I can ship worldwide and there is a shipping fee to cover the cost of postage to where/what/how the commission is being sent. Please contact me to discuss mailing options and prices. I can not be responsible for anything lost or damaged in the mail since that will be Canada Post's, etc responsibilty.
Third-Party Lineart Colouring:
Commissioned lineart from me is allowed to be coloured yourself or commissioned to another artist to colour it. My only condition is that my watermark signature remains on the final image as well as appropriate credit posted for my lines.
Cancellations:
I reserve the right to cancel a commission at any time, especially if a comissioner causes grief or unwanted trouble during the image process. I also have the right to refuse a commission based on subject matter/comfort level.
Refunds:
REFUNDS CAN NOT be provided for completed work that has met all details! originally supplied to me (as stated above missed deatails are subject to fees). However if I have made an error on my part, please let me know, we can discuss options to get your comission done right.
I DO NOT DO FULL REFUNDS unless cancellations are made BEFORE I begin working!
Partial Refunds:
If you wish to be partial refunded and you will be charged for the amount of completed work done on the commission with .PNG proof sent of the work.
Personal Note:
If unhappy with something regarding one of the stages of production please let me know! When completed all images are final so if you do not wish to incur extra charges let me know promptly (I don't mind hearing about changes during the work period). I want to make my costumers happy and make you feel like your dollars were well spent (a polite reminder to fix something goes a long way).
Thank-you!
I've used
Anyare's general document style (which is so much easier to read) and some awesome fancy words I learned from her revised TOS.Nilwing Terms of Service
Revision date: First written April 11th 2011 now posted online Feb 10th, 2014.
Objective:
My objective is to provide the comissioner with an enjoyable and satifactory experience with production process of my artistic abilities on the requested image.
The Steps- Request for Commission(s):
The type and details are discussed through means of the Furaffinity or hotmail e-mailing systems (notes otherwise). Prices and art available are to be discussed with what I, the artist currently have available.
After I have accepted the commission, the commissioner must provide me with the necessary details within 48 hours time or it's to my discretion to deny services/take up another commission. If any important details are left out due to the comissioner's failure to state them I may refuse to add or charge extra depending on complexity of the request. Feel free to use any medium to convey your idea i.e. drawings, written description, etc. (But I must be able to discern them properly.)
Copyright/Copyright Buyout and Usage (VERY IMPORTANT):
I retain ALL rights, including copyright, to any work that I create. This is unless, the copyright is purchased for an additional fee ("bought out") of my choosing by the ORIGINAL comissioner. Buyout will allow the new copyright holder to edit, change, etc on the image but I still require credit to be noted to me. (Yes the characters, clothing, etc. requested are of your idea but the art I produce in the requested image is of my work aka. the art!) Commissioners may NOT use my work for commercial or for-profit purposes without my explicit permission, especially if profit or donations to another is involved.
Regarding Signature of Artist and Watermark:
The commissioner may not remove my watermark under ANY circumstance, even unless given explicit permission or bought-out copyright (allows this to be edited out but credit still must be given). Personal use printing (not-for-profit) are allowed. I reserve the right to post the finished and processes of the image on any of my galleries ( examples: Deviantart, FurAffinity, Blogspot, Tumblr, etc.) unless otherwise notified beforehand which will require a privacy fee to be dealt on my own discretion.
Regarding your Characters:
I am bound to fullfill any approved requests to keep a record/modify any work that contains characters or objects that are copyrighted to another individual or organization. Note that this means that you WILL be obligated to remove my work from any of your personal or commercial online and offline presences as well. Please ensure that you have proper permission to use all characters and/or objects that you wish to use in your commission (I can and will refuse to draw copyrighted characters I recognize). Fees for missed details on comissioner's part on their owned characters are subject to fees.
Quotes & Waiting Time
If there is any delay on your commission, you WILL BE NOTIFIED (unless immediate personal emergancies arise ie. schooling, offline main workplace jobs, family, moving, etc). You are welcome to e-mail/note me at anytime and ask about the status of your commission. I will happily answer any polite and rational questions you may have (angry or rude messages will be dismissed).
If you wish to have an image completed by a specific deadline, it is imperative that you PLEASE notify me during the initial commission request. We can work then something out if the timeframe is humanely possible. I do request I have at least a minimum of three weeks to complete a basic commission due to lack of workspace.
The commission will be considered accepted when first payment has been received.
Payment:
I require all payment upfront (or installments if approved by me). The conditions to Installments are at the start and then at completion of the image. All payment is done through PayPal unless in a convention setting where cash can be accepted. The commissioner will be emailed a PayPal invoice and payment must be in CAD (Canadian Dollars).
Private Commissions:
If you wish for your commission to remain private and unposted to personal galleries (Including FurAffinity, Weasyl, Blogspot, etc.), there is an additional fees. Please notify me before requesting the commission so a properly estimated quote can be given.
Revisions:
Commissioners are allowed one large revision for free ie. arm, head or clothing adjustment. As long as it does not require a complete redraw of the entire image I can edit things (simple colours ie. eyes). Small revisions (2 max most cases) are to my descretion. Anything after these revisions, will carry an extra fee depending on the request anywhere between $5 - $20 per (I do not do full redraws if orignal sketches are approved).
Revisions in Colour and Missed Items:
Anything that requires major recolouring will be charged $5 - $20 depending on scale. There are any character/item on my part (i.e. discussed in advance when initially requesting the commission) they will of course be fixed free of charge. If left out by comissioner that will incur fees on my discretion.
Final Deliverable:
This varies depending on what media I use! For digital commissions, I will provide you with .PNG file appropriate for posting to online galleries (high resolution on request).
Files can either be sent via gallery download, E-Mail, Dropbox or any other discussed method. I keep a backup of all my art and commissioners are welcome to request the files from me again in the future if they are ever lost.
I do NOT give out .PSD files.
For traditional commissions I will either scan or photograph the image to be requested for my gallery posting (which in turn can be put into comissioner's gallery) as a .JPEG. A large watermark will be added digitally or inked with pen on original. Original hardcopies have my signatures inked or pencilled and badges/keychains will be laminated unless stated otherwise.
Again, commissioners are welcome to post their commissions to any of their personal galleries with proper credit and link to my gallery. Commissions may be printed for personal use only.
Payment Installations-Final Payment:
The final deliverable will be withheld until payment is received in full. Commissioners will be able to view the completed deliverable in low resolution JPEG format only, with watermarking. If there is any issue with the final image, please let me know as soon as possible!
(If applicable) Mailing:
I can ship worldwide and there is a shipping fee to cover the cost of postage to where/what/how the commission is being sent. Please contact me to discuss mailing options and prices. I can not be responsible for anything lost or damaged in the mail since that will be Canada Post's, etc responsibilty.
Third-Party Lineart Colouring:
Commissioned lineart from me is allowed to be coloured yourself or commissioned to another artist to colour it. My only condition is that my watermark signature remains on the final image as well as appropriate credit posted for my lines.
Cancellations:
I reserve the right to cancel a commission at any time, especially if a comissioner causes grief or unwanted trouble during the image process. I also have the right to refuse a commission based on subject matter/comfort level.
Refunds:
REFUNDS CAN NOT be provided for completed work that has met all details! originally supplied to me (as stated above missed deatails are subject to fees). However if I have made an error on my part, please let me know, we can discuss options to get your comission done right.
I DO NOT DO FULL REFUNDS unless cancellations are made BEFORE I begin working!
Partial Refunds:
If you wish to be partial refunded and you will be charged for the amount of completed work done on the commission with .PNG proof sent of the work.
Personal Note:
If unhappy with something regarding one of the stages of production please let me know! When completed all images are final so if you do not wish to incur extra charges let me know promptly (I don't mind hearing about changes during the work period). I want to make my costumers happy and make you feel like your dollars were well spent (a polite reminder to fix something goes a long way).
Thank-you!
cutiecooty
~cutiecooty
This is really detailed. I'll be sure to read through this a few times. It might be helpful in my case.
