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TOS For Commissioners!
12 years ago
General
Did you ever see the frightened ones?
Did you ever hear the falling bombs?
Did you ever hear the falling bombs?
Special thanks to 
Gargoyale for the use of their TOS as a template!
Terms of Service:
-I have the right to refuse a commission, whether it be for the content or personal reasons or the idea/concept simply does not interest me.
-Commissioner understands I am not a perfect human being, I am not a machine that dispenses perfect art, an artists skill/quality can fluctuate depending on many variables such as mental health and physical health. Because of this I do tend to have a few gaps where art is either scarce or I simply don't have the motivation to create any at all.
-Commissioner will understand waiting time varies because art is created using the mind, and I want you to have the best quality I can conceive, therefore I do wait for art-blocks or stress-factors to pass before I get back into it. An artists best art is made when they are happy and motivated, I do not force myself to create art if I am having a rough patch.
-Commissioner understands that prices fluctuate depending on the character you want drawn. I'm not going to charge the same amount for a 4-head tall character compared to a cheetah-taur with warrior clothing. More details = a higher price.
-Commissioner understands a price is made for a reason, I do not add extra costs for no reason.
-Commissioner understands I am a full-time office worker and Game Designer. Business comes first before commissions, and sometimes I am hit with huge waves of obligations that may delay art from being done as soon.
-Commissioner understands I still maintain rights to my artwork, I am allowed to use commissioned work for promotional purposes for myself (ex. your commission being used in an 'example book' at an art table at a convention.)
-Commissioner understands that I am very slow at times when it comes to art, depending on factors IRL. Sometimes I take only a few weeks to get a commission done, sometimes I take MONTHS. Whatever the wait time is however, I promise you WILL receive artwork no matter what unless you decide to ask for a refund AFTER a 3-month mark.
-Refunds only available after 3 months of waiting. If one asks for a refund you will not be allowed to commission that exact same concept again at a later date.
-If one wishes to have something done by a specific date, please understand I do not guarantee it will be done by that deadline. I cannot make promises. However I WILL do my very best to get it done before or on that deadline. But again, I cannot promise. I only accept potential deadlines if an event/convention/birthday is coming up.I don't accept deadlines 'just because i want it done then'.
-Do not ask for artwork to be done on a specific date only a few days away (1-5 days away), I do not accept that.
-Commissioner understands and agrees to all these rules upon commissioning me. No exceptions.
-Terms of Service subject to change
-Rights to the artwork will always be entitled to me unless expressed otherwise.
Proper Reference and Edits:
-A reference sheet/image is very crucial to getting details/colors right on a character. Please understand that references should have characters displayed in their 'ideal lighting', in which the characters are in their purest colors. If you present someone else's painted artwork or a photo-edit as a reference, please understand that those colors can be hard to interpret correctly as lighting and other factors can effect what the colors are perceived as. ARTISTS CANNOT READ MINDS, if something is UNCLEAR there is a HIGH CHANCE an artist will get something wrong.
-As a commissioner, you accept this and understand that if something is presented in an unclear manner, that you are not entitled to edits for your having been unclear. If you really want something edited under these circumstances, a FEE will be charged. As a commissioner, you accept that YOU MADE A MISTAKE by not giving the artist something clear to understand. You do not blame the artist for your mistakes. If you use an unclear reference, you suffer the consequences if an artist does not get it right.
IDEAL form of reference:
-a FLAT-COLORED image of the character (3-view or 2-veiw, at least 2 angles is normally the ideal for this. specific details of the character pointed out.)
NOT ideal references:
-References with SOFT SHADING. (unless a clear color pallet is placed next to it)
-Photography or photo-edited pictures.
-Fully rendered illustrations with dramatic/any lighting that effects the color of the character.
What Edits You Are Entitled to:
-If I forget a detail or get something wrong AND it is very clear in your reference images I WILL edit it. I will edit your image if it is a mistake on MY PART.
Payment:
-PAYMENT IS ALWAYS UPFRONT. If it is a huge commission (over $150), we can discuss payment plans however I DO NOT start work until a commission is FULLY PAID.
-NO E-CHECKS.
-I accept PAYPAL and Western Union.
-Sometimes the services I use have associated fees. These may be merchant services fees, or currency conversion fees. When I send you your price, I will outline first, the price of your commission, and second the surcharge which I add to cover these fees. When I do so I will give you the Total price as well. You must pay this total price, or I will have to charge you a second time for your commission to be fully paid.
-IF YOU CANCEL PAYMENT THROUGH PAYPAL OR TAKE BACK YOUR MONEY IN ANY WAY YOU WILL BE BLACKLISTED AND BLOCKED. I DO NOT AND WILL NOT PLAY GAMES.
-If money is taken back and the commission is done, you no longer have the rights to use the commission in any way shape or form. You didn't pay for it therefore you do not own it, and I am allowed to use the image in any way I please whether it be to resell it or recreate it in one way or another.
Commissioning Guarantee:
If I do not get a commission done in a timely matter, or you feel you have been waiting for way to long, you are entitled to and WILL receive a full refund. I may be a very slow artist, but I am not a cheat, I will always return money if a commissioner is uncomfortable with the wait time PAST 3 months.
What you are allowed to do with your commission:
1.Upload to your FA gallery or any other gallery (please credit)
2. Hang it up on your wall all nice and pretty.
3. Use artwork for personalized goods FOR YOURSELF only. (ex. ironing on the artwork on a shirt for yourself, making it a laptop cover, etc.)
What you are Not Allowed to do with your commission:
1. Use my artwork to gain a profit. You are NOT allowed to sell copies of your commission, you are not allowed to put it on a t-shirt or other product to sell. Your commission is STRICTLY and ONLY for PERSONAL USE. (I have an exception for works that are for this purpose, but I must be told in advance and you MUST sign a Royalty Contract. I do not refer to this as a "Commission" I refer to this as an "Intellectual Property".)
2. You are not allowed to deface or destroy the commission in anyway, such as drawing on top of it to 'ruin' it in any way. If I ever find out you defaced my hard work, you will be BLACKLISTED and BLOCKED.
3. Trace the commission to create a 'base' for you or other people to color. My art is not your coloring book.
4. You are NOT allowed to resell my artwork (ESPECIALLY at a higher price). A commission is a piece of art created for someone personally, in no way should it be resold.
5. Edit my artwork without permission. I understand you might like my artwork and want to keep your character current so you feel the need to edit on a new marking or change a color and etc. Please ask first before doing so. If I am able, I may even offer to update the work for you.
F.A.Q.
May I upload my commission to my gallery?
Yes. If the artwork was bought and made for you, you are free to post it wherever you wish! The only thing you are NOT allowed to do is claim you created it. Linking back is greatly appreciated. Please always include my username somewhere on your submission so that people can refer back to my artwork.
May I use my commission outside of FA?
Yes. You are free to post it in your gallery on another site, AGAIN as long as you do not claim you created it.
The commission I bought was a gift for someone else…They can use it right?
Yes. As long as it was made for them they are allowed to use it.
What does blacklisted mean?
-blacklisted means I will never accept a commission from you ever again.
______________________________________________________________________________________________________________
I know this TOS might make me sound mean but don't worry! I just have to sound mean so it will be taken seriously haha.
Feel free to copy-paste whatever you like or the entire TOS and use it as your own! Writing up TOS are super hard, so I don't mind if you use it too :) (THANKS AGAIN GARGOYALE!)
If you have any advice on how I can improve my TOS please let me know!
Gargoyale for the use of their TOS as a template!Terms of Service:
-I have the right to refuse a commission, whether it be for the content or personal reasons or the idea/concept simply does not interest me.
-Commissioner understands I am not a perfect human being, I am not a machine that dispenses perfect art, an artists skill/quality can fluctuate depending on many variables such as mental health and physical health. Because of this I do tend to have a few gaps where art is either scarce or I simply don't have the motivation to create any at all.
-Commissioner will understand waiting time varies because art is created using the mind, and I want you to have the best quality I can conceive, therefore I do wait for art-blocks or stress-factors to pass before I get back into it. An artists best art is made when they are happy and motivated, I do not force myself to create art if I am having a rough patch.
-Commissioner understands that prices fluctuate depending on the character you want drawn. I'm not going to charge the same amount for a 4-head tall character compared to a cheetah-taur with warrior clothing. More details = a higher price.
-Commissioner understands a price is made for a reason, I do not add extra costs for no reason.
-Commissioner understands I am a full-time office worker and Game Designer. Business comes first before commissions, and sometimes I am hit with huge waves of obligations that may delay art from being done as soon.
-Commissioner understands I still maintain rights to my artwork, I am allowed to use commissioned work for promotional purposes for myself (ex. your commission being used in an 'example book' at an art table at a convention.)
-Commissioner understands that I am very slow at times when it comes to art, depending on factors IRL. Sometimes I take only a few weeks to get a commission done, sometimes I take MONTHS. Whatever the wait time is however, I promise you WILL receive artwork no matter what unless you decide to ask for a refund AFTER a 3-month mark.
-Refunds only available after 3 months of waiting. If one asks for a refund you will not be allowed to commission that exact same concept again at a later date.
-If one wishes to have something done by a specific date, please understand I do not guarantee it will be done by that deadline. I cannot make promises. However I WILL do my very best to get it done before or on that deadline. But again, I cannot promise. I only accept potential deadlines if an event/convention/birthday is coming up.I don't accept deadlines 'just because i want it done then'.
-Do not ask for artwork to be done on a specific date only a few days away (1-5 days away), I do not accept that.
-Commissioner understands and agrees to all these rules upon commissioning me. No exceptions.
-Terms of Service subject to change
-Rights to the artwork will always be entitled to me unless expressed otherwise.
Proper Reference and Edits:
-A reference sheet/image is very crucial to getting details/colors right on a character. Please understand that references should have characters displayed in their 'ideal lighting', in which the characters are in their purest colors. If you present someone else's painted artwork or a photo-edit as a reference, please understand that those colors can be hard to interpret correctly as lighting and other factors can effect what the colors are perceived as. ARTISTS CANNOT READ MINDS, if something is UNCLEAR there is a HIGH CHANCE an artist will get something wrong.
-As a commissioner, you accept this and understand that if something is presented in an unclear manner, that you are not entitled to edits for your having been unclear. If you really want something edited under these circumstances, a FEE will be charged. As a commissioner, you accept that YOU MADE A MISTAKE by not giving the artist something clear to understand. You do not blame the artist for your mistakes. If you use an unclear reference, you suffer the consequences if an artist does not get it right.
IDEAL form of reference:
-a FLAT-COLORED image of the character (3-view or 2-veiw, at least 2 angles is normally the ideal for this. specific details of the character pointed out.)
NOT ideal references:
-References with SOFT SHADING. (unless a clear color pallet is placed next to it)
-Photography or photo-edited pictures.
-Fully rendered illustrations with dramatic/any lighting that effects the color of the character.
What Edits You Are Entitled to:
-If I forget a detail or get something wrong AND it is very clear in your reference images I WILL edit it. I will edit your image if it is a mistake on MY PART.
Payment:
-PAYMENT IS ALWAYS UPFRONT. If it is a huge commission (over $150), we can discuss payment plans however I DO NOT start work until a commission is FULLY PAID.
-NO E-CHECKS.
-I accept PAYPAL and Western Union.
-Sometimes the services I use have associated fees. These may be merchant services fees, or currency conversion fees. When I send you your price, I will outline first, the price of your commission, and second the surcharge which I add to cover these fees. When I do so I will give you the Total price as well. You must pay this total price, or I will have to charge you a second time for your commission to be fully paid.
-IF YOU CANCEL PAYMENT THROUGH PAYPAL OR TAKE BACK YOUR MONEY IN ANY WAY YOU WILL BE BLACKLISTED AND BLOCKED. I DO NOT AND WILL NOT PLAY GAMES.
-If money is taken back and the commission is done, you no longer have the rights to use the commission in any way shape or form. You didn't pay for it therefore you do not own it, and I am allowed to use the image in any way I please whether it be to resell it or recreate it in one way or another.
Commissioning Guarantee:
If I do not get a commission done in a timely matter, or you feel you have been waiting for way to long, you are entitled to and WILL receive a full refund. I may be a very slow artist, but I am not a cheat, I will always return money if a commissioner is uncomfortable with the wait time PAST 3 months.
What you are allowed to do with your commission:
1.Upload to your FA gallery or any other gallery (please credit)
2. Hang it up on your wall all nice and pretty.
3. Use artwork for personalized goods FOR YOURSELF only. (ex. ironing on the artwork on a shirt for yourself, making it a laptop cover, etc.)
What you are Not Allowed to do with your commission:
1. Use my artwork to gain a profit. You are NOT allowed to sell copies of your commission, you are not allowed to put it on a t-shirt or other product to sell. Your commission is STRICTLY and ONLY for PERSONAL USE. (I have an exception for works that are for this purpose, but I must be told in advance and you MUST sign a Royalty Contract. I do not refer to this as a "Commission" I refer to this as an "Intellectual Property".)
2. You are not allowed to deface or destroy the commission in anyway, such as drawing on top of it to 'ruin' it in any way. If I ever find out you defaced my hard work, you will be BLACKLISTED and BLOCKED.
3. Trace the commission to create a 'base' for you or other people to color. My art is not your coloring book.
4. You are NOT allowed to resell my artwork (ESPECIALLY at a higher price). A commission is a piece of art created for someone personally, in no way should it be resold.
5. Edit my artwork without permission. I understand you might like my artwork and want to keep your character current so you feel the need to edit on a new marking or change a color and etc. Please ask first before doing so. If I am able, I may even offer to update the work for you.
F.A.Q.
May I upload my commission to my gallery?
Yes. If the artwork was bought and made for you, you are free to post it wherever you wish! The only thing you are NOT allowed to do is claim you created it. Linking back is greatly appreciated. Please always include my username somewhere on your submission so that people can refer back to my artwork.
May I use my commission outside of FA?
Yes. You are free to post it in your gallery on another site, AGAIN as long as you do not claim you created it.
The commission I bought was a gift for someone else…They can use it right?
Yes. As long as it was made for them they are allowed to use it.
What does blacklisted mean?
-blacklisted means I will never accept a commission from you ever again.
______________________________________________________________________________________________________________
I know this TOS might make me sound mean but don't worry! I just have to sound mean so it will be taken seriously haha.
Feel free to copy-paste whatever you like or the entire TOS and use it as your own! Writing up TOS are super hard, so I don't mind if you use it too :) (THANKS AGAIN GARGOYALE!)
If you have any advice on how I can improve my TOS please let me know!
