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= Terms of Service =
9 years ago
I feel like it's finally time to create and upload an official Terms of Service. These terms are henceforth active and all my commission work from now on will adhere to these terms. A special thanks to all who have supported and commissioned me in the past, those who do in the present and in the future, and especially those who have encouraged the creation of these terms. You guys rock.
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== TERMS OF SERVICE ==
By commissioning me, you agree to these Terms of Service.
These terms are non-negotiable and apply to any and all who order artwork from me.
Any infraction of these terms may result in the termination of your commission.
No exceptions.
Please keep in mind that I reserve the right to decide what types of commissions I will do or will not do, in regards to the taste and maturity of said artwork.
As a general rule of thumb, my art is SFW (Safe For Work), and I do not accept commissions that are NSFW (Not Safe For Work) or adult/mature in any way.
If you have any questions on this, please feel free to ask- and I will politely explain in further detail regarding certain themes that I either am or am not comfortable working with.
Thank you for understanding.
= Claiming a Commission Slot =
I open commissions via Journals and announcements on my Twitter and Telegram channel- this means I will publicly announce when I am open for commissions, which types, and how many I will be taking at one time. I will also note the ways in which a commission slot from me can be ordered. Please make sure you read the journals clearly so that you can claim a commission slot in accordance with the parameters I have outlined in that specific journal, as they may change from time to time. I may take a few commissions at one time, or many- I may only open for one type, or various types. Sometimes I offer specials. I will always outline how a commission slot can be claimed in the opening Journals.
You MUST be willing and ABLE to pay for the commission, in full, once you have reserved the slot. I do not do holds, I do not do payment plans. You may not reserve a slot and then hold it because you are unable to pay. My current Commission Price Guide will always be linked to on each commission opening, so you will be able to see ahead of time what the cost will be for what commission you are wanting.
= The Commission Process =
Communication regarding commissions will be kept through FA Notes, Twitter DM's, or Telegram DM's. I will give you my email address if you have any reference images related to your commission that I require to see that cannot otherwise be shared- however, please do not use my email address to ask me about commissions, give me details/updates, etc. My email address is available in my contact information, however it should ONLY be used as communication should FurAffinity be down or you are otherwise unable to use the Note system.
At the start of the commission, I will always need to know as many details as possible to complete your commission to your satisfaction. Please know that the less information you give me, the more I will have to ask you for details, which will delay the process. For instance, if you want your character 'dancing' and that's all you tell me- how do I know if you want them doing an elegant ball dance, instead of a rave, rock-and-roll dance pose? If you are peculiar about how you want your commission to look, I need to know all the information at once and up front.
You must tell me how you would like your image rendered, to the specifics of my most current Commission Price Guide. This way, I will be able to tell you, at the start of the commission, what the cost will be. The prices I give you up front are non-negotiable. If there is a problem or delay with your commission because of an error or problem on my end, I may cut the cost to make up for it, at my own discretion. Regardless, you may not ask me for any price cuts or negotiation. Any attempt to haggle or request a different price than what you are given may result in your commission slot being revoked. My prices are clearly posted at the start of each journal opening so you will be able to see what the cost is before requesting your commission.
I will also need as many reference images for your character as you can provide me. Please know that if I am creating your character's reference sheet, I will require a previous image reference to work off of. This can be lineart colored as a temporary placeholder reference until the custom one is completed, or a previous commission for the character that you have received.
Please note: If you do not have any reference images of your character, there may be an extra charge or fee associated with your commission, to compensate for the extra time the commission will require to tinker with and edit your character to suit your liking.
I will always provide at least one WIP, or Work In Progress. This will often be a very rough sketch that will give you a basic idea of what the commission will look like. Please be advised that this WIP will not always include your character's markings, jewelry, etc. It is mainly to serve as a precursor to where the commission will go moving forward. I will provide WIPs after each requested change or edit. I will not move forward with completing the commission, nor will I ask for payment, until you have approved the final sketch.
Important: The sketch-WIP process is not meant to take long, nor is it meant to have several upon several revisions. If you request multiple and excessive edits to the piece over several notes and WIPs, you may be charged extra for the additional hours spent on your commission. My prices are meant to have a general estimate of what each type of commission takes me, but revising one piece many times will take longer than this estimate and thus will cost more. Upon the first WIP shown, I will always ask that you advise me of every single edit/change you'd like to see and I will make revisions as requested. There is no set number for how many revisions is "too many", this will be decided upon at my own discretion. However, the first revision is never an issue and I typically do not mind if another revision or two are required.
Above all else, please keep in mind: I am not a mind reader. While you may see the perfect commission end result in your head, I can't see that image in your head, so I am always going to go with my own gut feeling to create the commission I believe you will enjoy the most. This can only be done with the information you give me via notes. I may also make mistakes and forget small details- i.e. a snaggletooth or a spike on the tail, etc. Please do remind me if I have omitted any details and I can certainly correct any issues.
Time Estimate: I generally do not give estimates as to how long a certain part of the process will take. Generally, I can work through a commission queue within the month, but I will keep my queue updated with any setbacks or delays that may present themselves as they occur. If you need your commission in a hurry, I will do my best to accommodate, but keep in mind no one does their absolute best work when they are pressured for time. Excessive notes asking or pestering for updates will not be tolerated and may be subject to rejection of your slot.
If you have any questions or concerns at any time during the process, please send me a note or private message clearly outlining these questions and/or concerns and I will do my best to respond in a punctual manner and answer to the best of my abilities. I cannot answer questions you do not ask, so please be aware of the information you supply me so I can work on your commission to the fullest of your request.
If you are commissioning a piece that has characters owned by other people in it, please be aware: I will ONLY show the WIP sketch, and get approval from them, to ONE person- that being you, the person who commissioned the piece and is paying for it. It is your responsibility, as the commissioner, to make sure the sketch I have shown you is acceptable to the owners of the other characters featured in the commission. If I have reason to suspect the owners of the other characters do not want their characters involved in the piece, I reserve the right to personally ask them for permission. If they refuse, your commission will not be completed.
Any and all commissions where I have sent sketches but have not received a response will be considered cancelled and terminated after one (1) calendar month has passed since I have last heard from the commissioner. I reserve the rights to keep and/or re-purpose any/all artwork done before cancellation, and if the sketches have been uploaded elsewhere without payment, I will take steps to have the upload(s) in question removed.
= Approval & Payment =
I do not require, nor request, nor accept, payment, until you have expressed direct approval for the WIP sketch you have been shown. If payment is sent to me before the sketch has been approved, I will send it back and your commission may be delayed as a result.
If the sketch has been completed but you are unable to pay, your commission slot will be forfeit and I will revoke the sketch I have made for you. At my own discretion, I may reuse the sketch for a future piece to sell to another customer. Any and all likeness to your own characters in the piece will be removed. I reserve the rights to my own artwork and efforts in creating said artwork, and for any unpaid work I reserve the right to do with that work as I wish, whether it be to re-use it in pieces of another commission or put the piece up for sale.
Again, please note that once you have approved the sketch, the pose and piece in general is finalized and I will move forward with finishing it to the parameters set at the beginning of the commission. Any large details "forgotten" by the commissioner may or may not be able to be added or corrected once the sketch has been approved. For example, if your character has a large puffy tail as approved in the sketch, but afterwards you want to change it to a slim, long tail, this may or may not happen, depending on how far I am in completing the sketch. Minor corrections can be made at any point in the commission process- this can be anything from changing an eye color to adding claws on a character that the sketch did not include. These details will be decided upon my own discretion, based on how time-consuming these changes will be.
Payment is required through PayPal ONLY, and the only accepted currency is USD ($). Prices listed and given to you will always be in USD. I require payment to be sent once I have responded to your approval and will at that time give you my PayPal information to send payment to. I reserve the right to refuse any other forms of payment.
*IMPORTANT* Payment MUST be submitted through the category "Payment for Goods and Services". This is important both for me and you- for me, it ensures my taxes are filed accordingly. For you, it protects you with Paypal's Buyer Protection.
Unless you specifically ask me to confirm, I may not always confirm if/when I have received payment. However, I typically keep an update on a journal and may mark slots as paid as I am able to do so.
Please refer to the Refund section in regards to what will happen if payment has been sent but a refund is requested.
== Completion of your Commission ==
Once your commission has been completed, I will send you a note to inform you. If the commission file ends up being large, I may sometimes ask you for your email address so I can send you the full-sized file. You are not obligated to give me your email address if you do not want to, however please be aware that, other than email, the only other way I have to deliver your art is through image-upload sites, which can sometimes damage the quality of the art. Sending you the file directly through email ensures the file is not compressed. I will never use your email address for any other purpose than to send you the completed commission file.
If I have made any mistakes in the final version of your commission- for instance, the ears should be black-tipped and not solid, or I have forgotten to add the character's earrings, etc, please let me know and these will be corrected. Note: This applies to mistakes I have made, which can be determined from if the information was presented to or available to me before the commission was completed. I.e. if your character's reference sheet has black-tipped ears but I do not color them correctly, that is my error and will be corrected without hesitation. If you did not request jewelry to be added at the start of the commission, then it is not my error if the character isn't wearing jewelry. Typically, small edits will not be a problem once the commission is completed. However, large edits may either result in an extra charge, or be outright refused if it would mean the majority of the piece would have to be deleted and/or remade. These changes will be determined at my own discretion, and you will always be made aware if certain changes will require significant amount of work, resulting in an extra fee.
Once you have received your completed commission, you have full rights to posting the artwork anywhere you would like, or using it for whatever purpose you like. This includes but is not limited to cropping it to use a piece for an icon, printing it on your own, uploading it to other websites, etc. The only thing you may NOT do with your finished piece is claim that it is yours or the work of someone else. I would prefer credit and a link back to my userpage, but it is not required. My stance on ownership and property of the completed artwork is this: I own the CREATION of the piece, you own the COPY of the piece. This means you have rights to the piece as it is your property- you have paid for it, after all- but you do not have ultimate rights to the content nor the creation of the piece itself. I have the right to use the completed image in my own gallery for advertising or submission purposes, but I will respect any wishes to keep it private (I must be told this beforehand). YOU, as the commissioner, are the ONLY person who may upload the finished piece of art. If others upload or use work that you have commissioned, I will take steps to have it removed.
You may make small edits to commissions I have completed for you, i.e. to add a character's name or edit the color of eyes, etc. You may not make edits to a piece that go against my ToS or what I would refuse to draw- i.e. you may not make a piece that I have made PG, into a mature piece.
== Merchandise Rights ==
You may take any piece I have drawn for you and make physical copies and/or merchandise (such as stickers, keychains, etc) of *for personal use* or for *free distribution* only. You may not take an art I have made and mass-produce it with the intention of selling them. If you would like to specifically commission a piece of art for this purpose, this must be requested and discussed before the commission process begins- this will likely change the cost of the commission, as those sales rights will be factored in to the final cost.
Conversely, I reserve the right to print copies of commissioned artwork I make *for advertising purposes* only, such as in the form of examples of my work to be shown at cons. I will not produce any merchandise of your commissioned artwork without explicit permission from you to do so.
= YCHs and Auctions =
If you have bid on a YCH or an auction of any other manner, your bid is considered serious and you MUST be willing and able to fulfill your bid amount placed within no later than one week from receiving payment information. Retracting a bid or failing to pay upon winning or receiving a YCH or art auction of any sort WILL result in you being barred from participating in future YCH/auctions. Additional terms of payment and artwork completion may be listed in the submission description should they vary from my general terms of service, and are to be followed accordingly. Failure to follow these directions may result in your forfeit of the claimed artwork.
= Artist's Rights =
I reserve the following rights, including but not limited to:
I may reject your commission request if I have reason to believe you will not follow through with the commission, i.e. if you have cancelled a commission from me in the past. I also may cancel your slot if I believe I am being subject to undue harassment or treatment during the commission process. If payment has been received at the point I decide to cancel the commission, it will be refunded and the art that has been created up to that point will return to me.
I reserve the right to cancel the commission if I believe I will not be able to finish it due to outside reasons. In this case, should I have to cancel a commission before you have paid, you will receive the progress I have made up to that point free of charge, such as a WIP sketch. You will be given permission to use the sketch, upload it, or have another artist finish it. If you have paid, you will receive the progress as well as a full refund.
I reserve the right to choose to upload, or choose NOT to upload, any commission I have completed to my own personal gallery. Unless you have specifically requested for me not to do so, I also reserve the right to use any and all art I have created in advertising purposes, both physical and digital.
I reserve the right to refuse any commission that I am uncomfortable with completing, for personal and undisclosed reasons. I am a PG artist and thus may refuse some types of adult or mature commission requests. Please do not be offended- I respect your right to request and purchase commissions you want to see, all I ask is you respect my right to not draw what I am not comfortable with drawing.
Roughly, I update my prices annually. However, the frequency- and pace- at which I change or revise my prices is subject to my own discretion. When you place a commission, the cost you will be given at the start of your commission will be honored at the end of the commission. It is because of this that I do not do holds. If I am anticipating a price change, I will inform you that your commission will need to be completed before the price change occurs, and if you are unable to pay within the time frame given, your commission slot may be forfeit and the price will no longer be valid.
When I have a queue of multiple commissioners, I reserve the right to work on pieces in any order I prefer. Typically I will work first on pieces that were ordered first, but I may end up working on another person's work while waiting on responses from other commissioners, or for other reasons I may hold at my own discretion.
= Privacy Policy =
As all of our discussion regarding your commission will be done via Notes on FA, or private messaging through Telegram or Twitter, you can be assured that our conversation, and commission, will be 100% private. I will not disclose any of your personal information to anyone, at all, ever. Our discussion will remain confidential- however, please note that if you have claimed a slot via the comments on my journals, your comment is public and can be seen by anyone. I may also use your icon/username on my journals when outlining who all has a slot claimed. If this is something you do not want to happen, you must inform me.
PLEASE NOTE: If you are commissioning me for a piece that you DO NOT WANT me to upload to my gallery, YOU MUST SAY SO. I wouldn't know, otherwise! I am happy to refrain from uploading private commissions at your request.
= Refund Policy =
As I do not ask for payment up front, the refund policy will be minor. If you choose to drop a commission before the sketch has been approved, you will be removed from the queue and, if any work has been made on your sketch, the sketch will be re-purposed at my own discretion. Any and all likeness to your own characters in the piece will be removed. If there has been no transaction before the commission is cancelled, there will be no refund. You may not cancel a commission, then return some time later to 'approve' it and pay for it. If you cancel a commission, your slot, and any artwork progress made, is forfeit and you will need to claim a slot in a new Journal opening to get a new commission.
If you have sent payment, that means I have begun work on finishing your commission. If a refund is requested after you have approved the sketch, but before I have sent you the final image, you will receive your full refund 100%. HOWEVER, please note that you may also be refused a future commission slot, at my own discretion.
If I have completed the commission and already sent the finished image to you, the commission is considered closed and completed. Therefore, NO REFUND WILL BE GIVEN.
= Contact & Closing =
Again, I prefer FA Notes, Twitter DM's, or Telegram as the primary methods of communication regarding commissions. You may contact me via any of these methods, though please only use email if no other options are available:
Twitter: TiggerPup91
Telegram: TiggerPup91
Email: tigger_pup91[at]yahoo.com
These terms are subject to modification at my own discretion at any time.
Rhazagal
~rhazagal
Hey! You finally made some official ToS. Excellent! ^_^
TiggerPup
~tiggerpup
OP
I have! Thank you! :3
