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[TOS]
9 years ago
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[TOS] is to mean Terms of Service of which the Buyer / Client / Commissioner will, upon purchase of commission from Artist (Momobeda), abide by and agree to.
Upon submitting a commission for either quote or slot, Client will be emailed to their Paypal email address provided within 24 hours to confirm details and provided a direct price quote. If Client has originally submitted for a Price Quote and wishes to proceed with claiming a slot but has electronically signed the TOS via Google Form, Client will be provided a link. Client will be asked to confirm through email reply the appropriate details or any changes or details. Afterwhich, Client will receive a Paypal invoice with necessary information and details of the commission including contact, reference, and description of service.
Work date reached, Client will be emailed through their Paypal email address an initial rough sketch for concept and planning. This will not be shaded, coloured, or filled in. Client will have an option at this point to make any major changes in pose, angle, facial expressions, or clothing if so desired. If the commission is a sketch commission of any sort, the commission will be completed after that point and the Client will receive the full resolution .PNG image of their commission for personal use, as well as a lower <1k px .JPG image to use for online/public use.
Client is allowed 1 redraw/large edit from the initial sketch if purchased an Illustration. If commission has been coloured, large edits / redraws are no longer allowed. Smaller edits regarding updates in markings that were not a part of the original reference sheet example are limited to 2 times.
If commission is Illustration, Client will be provided 2 sketches to choose from, unless previously given instructions for a specific layout from Client. Previous limitations apply.
If Client has commissioned a full illustration, an update will be given again once flat colours are laid out with possible suggestion of lighting angles and scene if necessary. Client will have an opportunity at this time to make changes in regards to colours, outfits, scene and lighting options. Once selected, the commission will be worked into completion and Client will receive a full resolution .PNG image of their commission for personal use, as well as a lower <1k px .JPG image to use for online/public use.
Commission will be linked in a public FA Journal in order for the Client to keep track of their own commission slot and progress pace. When work is to begin from the queue, Artist will notify Client on the proper starting time. Client may ask once a week about their status/queue of a Commission, as the Buyer will now understand that the Artist cannot continuously stop all work to answer very frequently as it slows work productivity for the whole queue resulting in slower turn around times.
Buyer agrees to pay in full to reserve a slot before work may begin unless otherwise agreed upon by the Artist for other payment methods and times.
Buyer agrees and understands that their Commission will enter a queue of work immediately after payment has been confirmed.
At time of inquiry / quote, prior to invoice and payment, the Artist must be made aware of any due dates the Buyer would like the Commission to be completed by. Complexity, queue status, and due date are factors in an additional fee on top of the original quoted price.
Payment options are available for commissions over $150 USD. All payment options do require 30% down payment along with further options until full payment has been made upon agreed upon between Artist and Client. Work will not begin past the initial sketch until full payment has been received and confirmed. Sketch will be administered at earliest convenience once 70% of payment has been made.
E-checks, mailed checks, and gift cards are not accepted forms of payment.
All proper details of commission in regards to completion type, contact information, due dates if applicable, and details of the work(s) licensing/rights will be listed and agreed upon via payment of invoice.
Upon receiving files of commission, the Client will be given a link to a short Google Form as an Exit survey. This is not mandatory and will serve as a feedback for Artist to streamline the process and make the process more comfortable for future and returning clients.
There will be no refunds upon completion of the commissioned piece.
Buyer understands that refunds can only be administered upon proper contact with the Artist. Artist does deserve to know if services have not been rendered correctly and will ask how Client thinks they can improve their service.
Refunds will not be administered once Commission has been sketched.
If in case of a due date that has not been communicated to Artist at time of purchase of Commission, Client will release rights of refund as due dates can not be met without the Artist's knowledge of a time constraint prior to payment.
If Client must have refund while in process of commission, Client will only receive % back of non-work payment. Partial refund will be used via the Invoice. Client may also be blacklisted from future YCH’s, Auctions, Slots, and Raffles.
Intention to resell commissioned work must be made apparent to Artist upon inquiry of commission. A small additional fee may be requested before the work may begin in order to purchase rights for Client to make profit for Artist to release rights and provide appropriate alterations necessary for Commercial Use. Clients who use artwork for commercial use without paying a release fee for the rights of artwork will have legal actions taken against them after contact has been made/ignored.
Client must state prior to invoice if the commission will be or possibly be used for online advertisement. This may include using the work for linking/promoting self websites, blogs, or online stores. A nominal fee may be applicable. Please share with Artist your website handle/intent for use.
Intention to print artwork for personal use must be made clear to Artist upon inquiry of commission at beginning. Details of use may be required to determine if a commercial fee may be applicable.
Client may use lower resolution image to post for public use on their private accounts or galleries. Credit must be linked or given back to Artist for work completed. Client may use for personal icons, banners, and collection displays in an online medium.
Artist must be made aware of intent to make physical copies of work. This will allow Artist to colour proof the commission and provide an alternate better suited for print for best print quality as artwork is done in sRGB and will need to be proofed for CMYK and other printing types. This is not allowed for commercial resell or to be used as an example for Client's other products. If the intent is for this or other situations similar, Client will need to pay a nominal Commercial Use Fee. If unsure, please ask Momobeda for intent of use to see if this applies to you.
The Artist may use the commission for online promotional purposes such as promoting open slots, using the art as an example of completion quality for other commissions, and post in their personal gallery online. The online versions will only be a safely web compressed version as per the same for Client to use for public posting. Prints and merch is not to be made of the commission by either party unless discussed and agreed upon for further payment. If the Artist wishes to sell artwork involving the character, Artist will either offer payment or discount the payment price off of the commission, which will be clearly listed in the invoice if agreed upon by both parties. If a print is desired to be made after completion of payment of initial invoice and commission, Artist will formally ask for permission from client and may offer a payment if desired from owner of character. If the original owner declines, Artist may be allowed to make alterations to the depicted character(s) to change likeness and be able to sell posters.
Full resolution .png are available to the Client as well as a safely web-compressed jpg. Art documents such as . psd, .sai, .csp and etc are NOT available to the Client unless discussed prior to commissioned invoice. If discussed and allowed, this will be listed in the invoice prior to payment.
Artist reserves the right to make videos, speed paints, lesson or voice overs using commissions if so desired and distribute such via online platforms such as YouTube, Twitter, etc. Discussion points for such videos are limited to strictly about the commission and / or process. Ideas and thought process in the production of the piece will be discussed as well as art related content such as challenges found in the piece.
Payment of invoice is a second confirmation agreement upon these uses and intents. Your first confirmation agreement is signing the Google Form TOS.
Commission Process, Edit Limits & Checking Status of CommissionUpon submitting a commission for either quote or slot, Client will be emailed to their Paypal email address provided within 24 hours to confirm details and provided a direct price quote. If Client has originally submitted for a Price Quote and wishes to proceed with claiming a slot but has electronically signed the TOS via Google Form, Client will be provided a link. Client will be asked to confirm through email reply the appropriate details or any changes or details. Afterwhich, Client will receive a Paypal invoice with necessary information and details of the commission including contact, reference, and description of service.
Work date reached, Client will be emailed through their Paypal email address an initial rough sketch for concept and planning. This will not be shaded, coloured, or filled in. Client will have an option at this point to make any major changes in pose, angle, facial expressions, or clothing if so desired. If the commission is a sketch commission of any sort, the commission will be completed after that point and the Client will receive the full resolution .PNG image of their commission for personal use, as well as a lower <1k px .JPG image to use for online/public use.
Client is allowed 1 redraw/large edit from the initial sketch if purchased an Illustration. If commission has been coloured, large edits / redraws are no longer allowed. Smaller edits regarding updates in markings that were not a part of the original reference sheet example are limited to 2 times.
If commission is Illustration, Client will be provided 2 sketches to choose from, unless previously given instructions for a specific layout from Client. Previous limitations apply.
If Client has commissioned a full illustration, an update will be given again once flat colours are laid out with possible suggestion of lighting angles and scene if necessary. Client will have an opportunity at this time to make changes in regards to colours, outfits, scene and lighting options. Once selected, the commission will be worked into completion and Client will receive a full resolution .PNG image of their commission for personal use, as well as a lower <1k px .JPG image to use for online/public use.
Commission will be linked in a public FA Journal in order for the Client to keep track of their own commission slot and progress pace. When work is to begin from the queue, Artist will notify Client on the proper starting time. Client may ask once a week about their status/queue of a Commission, as the Buyer will now understand that the Artist cannot continuously stop all work to answer very frequently as it slows work productivity for the whole queue resulting in slower turn around times.
Payment and Payment OptionsBuyer agrees to pay in full to reserve a slot before work may begin unless otherwise agreed upon by the Artist for other payment methods and times.
Buyer agrees and understands that their Commission will enter a queue of work immediately after payment has been confirmed.
At time of inquiry / quote, prior to invoice and payment, the Artist must be made aware of any due dates the Buyer would like the Commission to be completed by. Complexity, queue status, and due date are factors in an additional fee on top of the original quoted price.
Payment options are available for commissions over $150 USD. All payment options do require 30% down payment along with further options until full payment has been made upon agreed upon between Artist and Client. Work will not begin past the initial sketch until full payment has been received and confirmed. Sketch will be administered at earliest convenience once 70% of payment has been made.
E-checks, mailed checks, and gift cards are not accepted forms of payment.
All proper details of commission in regards to completion type, contact information, due dates if applicable, and details of the work(s) licensing/rights will be listed and agreed upon via payment of invoice.
Completion and RefundsUpon receiving files of commission, the Client will be given a link to a short Google Form as an Exit survey. This is not mandatory and will serve as a feedback for Artist to streamline the process and make the process more comfortable for future and returning clients.
There will be no refunds upon completion of the commissioned piece.
Buyer understands that refunds can only be administered upon proper contact with the Artist. Artist does deserve to know if services have not been rendered correctly and will ask how Client thinks they can improve their service.
Refunds will not be administered once Commission has been sketched.
If in case of a due date that has not been communicated to Artist at time of purchase of Commission, Client will release rights of refund as due dates can not be met without the Artist's knowledge of a time constraint prior to payment.
If Client must have refund while in process of commission, Client will only receive % back of non-work payment. Partial refund will be used via the Invoice. Client may also be blacklisted from future YCH’s, Auctions, Slots, and Raffles.
Commercial UseIntention to resell commissioned work must be made apparent to Artist upon inquiry of commission. A small additional fee may be requested before the work may begin in order to purchase rights for Client to make profit for Artist to release rights and provide appropriate alterations necessary for Commercial Use. Clients who use artwork for commercial use without paying a release fee for the rights of artwork will have legal actions taken against them after contact has been made/ignored.
Client must state prior to invoice if the commission will be or possibly be used for online advertisement. This may include using the work for linking/promoting self websites, blogs, or online stores. A nominal fee may be applicable. Please share with Artist your website handle/intent for use.
Intention to print artwork for personal use must be made clear to Artist upon inquiry of commission at beginning. Details of use may be required to determine if a commercial fee may be applicable.
Client UseClient may use lower resolution image to post for public use on their private accounts or galleries. Credit must be linked or given back to Artist for work completed. Client may use for personal icons, banners, and collection displays in an online medium.
Artist must be made aware of intent to make physical copies of work. This will allow Artist to colour proof the commission and provide an alternate better suited for print for best print quality as artwork is done in sRGB and will need to be proofed for CMYK and other printing types. This is not allowed for commercial resell or to be used as an example for Client's other products. If the intent is for this or other situations similar, Client will need to pay a nominal Commercial Use Fee. If unsure, please ask Momobeda for intent of use to see if this applies to you.
Artist UseThe Artist may use the commission for online promotional purposes such as promoting open slots, using the art as an example of completion quality for other commissions, and post in their personal gallery online. The online versions will only be a safely web compressed version as per the same for Client to use for public posting. Prints and merch is not to be made of the commission by either party unless discussed and agreed upon for further payment. If the Artist wishes to sell artwork involving the character, Artist will either offer payment or discount the payment price off of the commission, which will be clearly listed in the invoice if agreed upon by both parties. If a print is desired to be made after completion of payment of initial invoice and commission, Artist will formally ask for permission from client and may offer a payment if desired from owner of character. If the original owner declines, Artist may be allowed to make alterations to the depicted character(s) to change likeness and be able to sell posters.
Full resolution .png are available to the Client as well as a safely web-compressed jpg. Art documents such as . psd, .sai, .csp and etc are NOT available to the Client unless discussed prior to commissioned invoice. If discussed and allowed, this will be listed in the invoice prior to payment.
Artist reserves the right to make videos, speed paints, lesson or voice overs using commissions if so desired and distribute such via online platforms such as YouTube, Twitter, etc. Discussion points for such videos are limited to strictly about the commission and / or process. Ideas and thought process in the production of the piece will be discussed as well as art related content such as challenges found in the piece.
Payment of invoice is a second confirmation agreement upon these uses and intents. Your first confirmation agreement is signing the Google Form TOS.
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< DISCLAIMER >
I WILL Work With:
-A singular up to date reference sheet of character(s).
-Tasteful Eroticism, Nude, Light BDSM, NSFW, Anthro, Light Blood or Light Kink themes
-Male, Female, Intersex, Polyam, Straight & LGBTQA+
-Most of any body type
-Sci-fi, Architecture, Mecha, Vehicles, Plants, Landscape, Wings, Video game outfits, Clothes
I Do NOT Work With:
-Feral, Feral NSFW, Hyper, Scat, Cub, CP, or child based themes/subjects.
-Private Commissions ( All commissions are for public display/use)
-Sheaths / sheaths on penis / knots / animal genitalia ( Human Genitalia ONLY. If your character has animal based privates, I will change them to be human)
-Draw personal characters with characters, SFW or NSFW, without full party consent. I will personally need all parties personal contact information to check personally for consent. They will also be asked to sign TOS regardless if other parties are not paying.
-I will NOT imitate other artist’s styles.
-You can use other art for example images, but I will not trace the pose or angle. I will take my own creative interpretation.
