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Terms of Service
7 years ago
General
Another bit of deep space radio waves deciphered:
Terms of Service
18/11/2024
You agree that you are over the age of 18 and can enter into a legal contract.
1. Our Relationship
As we enter our contract, you, the commissioner, commission me, the artist Dragonnetstorm to create for you an original work of art. Whilst I try to finish my commissions in order,
I am free to provide my services to others during your commission. Upon completion of my service you will be granted a personal license to use the completed work. You are not purchasing a physical or digital goods.
2. Prices
My prices are all in Euro and are the BASE price for that type of commission. This price will go up the bigger/more complex the commission gets, particularly of influence on mechanical, tattoos/patterns and backgrounds. Please provide details with your inquiry about commissioning
me so I can contact you with a quote for my service. This price is negotiable. Payment means you have agreed with both the Terms of Service and the cost of the service.
Works produced are usually around 15 megapixels / 5K resolution. The frame and resolution my divert to fit the artwork best. This often averages out in one side of the frame being 3600 px and the other 5000 px.
3. Payment
Payments go through Paypal. If I accept your commission I will contact you with a quote.
All commissions are to be paid in FULL in advance. Payment plans are available upon request on my discretion, but not below 250 Euro. Do not assume the possibility of payment plans without consulting me first.
Any payment which has not been quoted to you in advance will be treated as a tip. Upon paying either full or partial you agree to this TOS.
4. Refunds and Cancellations
If you desire to cancel my service, I can provide a (partial) refund as follows:
- no work started: 100% will be refunded
- during sketch phase: 60% will be refunded
- sketch completed: 50% will be refunded
- Inking phase: 30% will be refunded
- colouring phase: 20% will be refunded
- Final Work: 0% will be refunded
Allow up to 8 weeks for me to process any refunds.
Breaching the Terms of Service at any point, cancels the service and thus any right to a refund. I reserve the right to cancel this Service for any other reason, including none. On which you will be refunded as stated above plus 10% (but no more than 100% of the original price) of that stated amount due to it being my decision.
5. Revisions
My service will provide you several opportunities on which you can provide feedback and revisions to me. During each step I will allow for different changes, as follows:
- Sketch: Amount suitable to the scope of the service upon my discretion (Example: A sketch commission's scope would allow for minor changes, a full package's scope would allow multiple full redraws)
- Inks: minor inking changes as long as it fits the scope of the service
- colors: color adjustments and minor pattern changes as long as it fits the scope of the service
- final product: minor shading and effect changes as long as it fits the scope of the service
Once a step is approved but you wish to revise something the service can be subject to a revision fee. The fee amount will depend on the scope of the revision you wish to make after approving the step but will be no less than 30 Euro. I retain the right to refuse such post-phase revisions, especially those significantly altering the scope of my service after a step has been approved. Especially if the revision fee is refused.
6. Finalization and Delivery
As I provide my service to you I will be sending you Work in Progress (WIP's) to approve. By approving the WIP you agree it is free of the need to revision and the service can progress. When you have agreed the artwork meets the Scope of my service to you, the work has been finalized. The final product has been produced. At this point the final product will be uploaded to my Discord/Patreon paid services. And soon thereafter, at my discretion, to (social) media site accounts I hold. I will send you the full resolution image in .jpg or .png as well as the lower resolution I upload publicly and/or any other services agreed upon. At that point the licensed rights are granted to you.
7. Grant of Rights
At the conclusion of my service I grant you a perpetual, non-exclusive, non-commercial license to: upload to any freely available online services, to copy, display, modify or distribute the final work in print for personal use. I grant you the right to sub-license these rights, in whole or in part, to others. Should you significantly modify the final product make clear, within the final work, that it is an edit, unsanctioned by the artist. Unless agreed upon otherwise.
I will not sell the final work and will not publish the final work except within my promotional materials, unless otherwise agree upon. I retain ownership and authorship of all works I produce and retain full rights over all materials created prior to the final product.
Should the final work of my service to you find itself in a paid future digital or physical publication of mine this shall be agreed upon between the artist and commissioner first.
In any case of a refund or cancellation, ownership for all rights granted to you under this term will revert back to me, and vice versa. Any granted right is contingent on payment in full and completion of this service.
You agree that a charge back or reversal of payment will constitute a breach of these terms, and that this grant of rights will be revoked if you do so.
You and I reserve all other rights not expressed in these terms. I retain no rights to shown Intellectual Property however, unless I own said IP's.
8. Survival
All terms that would logically survive the cancellation of this agreement will survive termination. These explicitly include the Refunds, Confidentially, Arbitration, Jurisdiction, Sever-ability, Warranties, and Force Majeure clauses. As previously noted: in any event of cancellation, ownership of all rights granted to you under these Terms, specifically clause 7 ("Grant of Rights") will revert back to me, and vice versa.
9. Confidentiality
You and I both agree that we will not knowingly share any private information gained during or after use of this Service. The exception to this is any disclosure required to complete the Service.
Private information is:
a. Any names, e-mail addresses, physical addresses, dates of birth, or other information that could reasonably be deemed personally identifiable.
b. Any information relating to my business that is not made readily available and public, including the cost of this Service.
c. Any account information, including but not limited to Skype, Facebook, Paypal, bank accounts, or otherwise.
10. Arbitration
Any dispute under or about these Terms must be submitted to and resolved through the internationally binding arbitration provided by net-ARB Inc.
(https://www.net-arb.com/). We will bear our own costs for arbitration. Any court may enforce the arbitration award.
We both agree that the limit of liability under this arbitration will be no greater than the total cost of this Service, which will be defined as the cost paid plus any revision fees paid.
11. Jurisdiction
These terms of service will be governed by the laws of The Hague, The Netherlands. Full code of law can be found here: http://www.wetboek-online.nl/site/home.html
12. Warranties
You warrant that any permissions have been obtained for the agreed use of materials supplied by you for the completion of this service.
You shall indemnify me against any and all claims and expenses, including legal fees, arising from my use of any materials provided by you.
I warrant that, to the best of my knowledge and belief, the final work will not infringe upon any existing copyrights.
I will indemnify you against any copyright infringement judgments arising from the service I provided. My service is otherwise provided 'as-is', with no implied warranties.
13. Severability
These Terms are intended to be severable. What this means is that if any of these Terms are deemed illegal and/or unenforceable,
such a Term will be excluded to the extent of that illegality and/or unenforceable. All other Terms will remain in full effect.
14. Force Majeure
Neither of us will be considered in breach of these Terms to the extent that the performance of our respective obligations (excluding payment) is prevented by an Event of Force Majeure.
An Event of Force Majeure is: an act of God (such as, but not limited to, fires, explosions, earthquakes, floods, or rapture); war or hostilities; civil unrest; acts or threats of terrorism; discontinuation of electricity or internet not covered by the agreement concluded with the respective utility companies or ISP; circumstances reasonably similar to any of these; or any other unforeseeable circumstance beyond your or my control that would be unreasonable to take precautions against and which cannot be avoided.
As soon as it's practical following an Event of Force Majeure, the affected party (you or I) will provide to the other reasonable proof of the nature of the event and of its effect upon the obligations contained within these Terms.
15. Definitions
- Sketch: Grey-scale line art which will be the groundwork for the final product
- Inks: Black line art which will serve as the outlines for the final product
- Colors: Colorization of all elements defined by the black line art
- Final work: Finished image(s) that fulfills/concludes my service to you as agreed in correspondence and application.
- WIP: Work In Progress, which can be any of the above, approved or unapproved.
- Service: The creation of original digital artwork within defined scope and the granting of a licence from me to you, to use the finished work as described in these terms.
- Scope: The agreed specifications for the final work. Defined through your inquiry and following correspondence.
- BASE price: the provided MINIMUM price for types of commissions outlined in https://www.furaffinity.net/commiss.....ragonnetstorm/
- Quote: Price suggested for the execution of my service to you.
These Terms of Service might be subject to change, I will do my best to keep them updated at all times.
18/11/2024
You agree that you are over the age of 18 and can enter into a legal contract.
1. Our Relationship
As we enter our contract, you, the commissioner, commission me, the artist Dragonnetstorm to create for you an original work of art. Whilst I try to finish my commissions in order,
I am free to provide my services to others during your commission. Upon completion of my service you will be granted a personal license to use the completed work. You are not purchasing a physical or digital goods.
2. Prices
My prices are all in Euro and are the BASE price for that type of commission. This price will go up the bigger/more complex the commission gets, particularly of influence on mechanical, tattoos/patterns and backgrounds. Please provide details with your inquiry about commissioning
me so I can contact you with a quote for my service. This price is negotiable. Payment means you have agreed with both the Terms of Service and the cost of the service.
Works produced are usually around 15 megapixels / 5K resolution. The frame and resolution my divert to fit the artwork best. This often averages out in one side of the frame being 3600 px and the other 5000 px.
3. Payment
Payments go through Paypal. If I accept your commission I will contact you with a quote.
All commissions are to be paid in FULL in advance. Payment plans are available upon request on my discretion, but not below 250 Euro. Do not assume the possibility of payment plans without consulting me first.
Any payment which has not been quoted to you in advance will be treated as a tip. Upon paying either full or partial you agree to this TOS.
4. Refunds and Cancellations
If you desire to cancel my service, I can provide a (partial) refund as follows:
- no work started: 100% will be refunded
- during sketch phase: 60% will be refunded
- sketch completed: 50% will be refunded
- Inking phase: 30% will be refunded
- colouring phase: 20% will be refunded
- Final Work: 0% will be refunded
Allow up to 8 weeks for me to process any refunds.
Breaching the Terms of Service at any point, cancels the service and thus any right to a refund. I reserve the right to cancel this Service for any other reason, including none. On which you will be refunded as stated above plus 10% (but no more than 100% of the original price) of that stated amount due to it being my decision.
5. Revisions
My service will provide you several opportunities on which you can provide feedback and revisions to me. During each step I will allow for different changes, as follows:
- Sketch: Amount suitable to the scope of the service upon my discretion (Example: A sketch commission's scope would allow for minor changes, a full package's scope would allow multiple full redraws)
- Inks: minor inking changes as long as it fits the scope of the service
- colors: color adjustments and minor pattern changes as long as it fits the scope of the service
- final product: minor shading and effect changes as long as it fits the scope of the service
Once a step is approved but you wish to revise something the service can be subject to a revision fee. The fee amount will depend on the scope of the revision you wish to make after approving the step but will be no less than 30 Euro. I retain the right to refuse such post-phase revisions, especially those significantly altering the scope of my service after a step has been approved. Especially if the revision fee is refused.
6. Finalization and Delivery
As I provide my service to you I will be sending you Work in Progress (WIP's) to approve. By approving the WIP you agree it is free of the need to revision and the service can progress. When you have agreed the artwork meets the Scope of my service to you, the work has been finalized. The final product has been produced. At this point the final product will be uploaded to my Discord/Patreon paid services. And soon thereafter, at my discretion, to (social) media site accounts I hold. I will send you the full resolution image in .jpg or .png as well as the lower resolution I upload publicly and/or any other services agreed upon. At that point the licensed rights are granted to you.
7. Grant of Rights
At the conclusion of my service I grant you a perpetual, non-exclusive, non-commercial license to: upload to any freely available online services, to copy, display, modify or distribute the final work in print for personal use. I grant you the right to sub-license these rights, in whole or in part, to others. Should you significantly modify the final product make clear, within the final work, that it is an edit, unsanctioned by the artist. Unless agreed upon otherwise.
I will not sell the final work and will not publish the final work except within my promotional materials, unless otherwise agree upon. I retain ownership and authorship of all works I produce and retain full rights over all materials created prior to the final product.
Should the final work of my service to you find itself in a paid future digital or physical publication of mine this shall be agreed upon between the artist and commissioner first.
In any case of a refund or cancellation, ownership for all rights granted to you under this term will revert back to me, and vice versa. Any granted right is contingent on payment in full and completion of this service.
You agree that a charge back or reversal of payment will constitute a breach of these terms, and that this grant of rights will be revoked if you do so.
You and I reserve all other rights not expressed in these terms. I retain no rights to shown Intellectual Property however, unless I own said IP's.
8. Survival
All terms that would logically survive the cancellation of this agreement will survive termination. These explicitly include the Refunds, Confidentially, Arbitration, Jurisdiction, Sever-ability, Warranties, and Force Majeure clauses. As previously noted: in any event of cancellation, ownership of all rights granted to you under these Terms, specifically clause 7 ("Grant of Rights") will revert back to me, and vice versa.
9. Confidentiality
You and I both agree that we will not knowingly share any private information gained during or after use of this Service. The exception to this is any disclosure required to complete the Service.
Private information is:
a. Any names, e-mail addresses, physical addresses, dates of birth, or other information that could reasonably be deemed personally identifiable.
b. Any information relating to my business that is not made readily available and public, including the cost of this Service.
c. Any account information, including but not limited to Skype, Facebook, Paypal, bank accounts, or otherwise.
10. Arbitration
Any dispute under or about these Terms must be submitted to and resolved through the internationally binding arbitration provided by net-ARB Inc.
(https://www.net-arb.com/). We will bear our own costs for arbitration. Any court may enforce the arbitration award.
We both agree that the limit of liability under this arbitration will be no greater than the total cost of this Service, which will be defined as the cost paid plus any revision fees paid.
11. Jurisdiction
These terms of service will be governed by the laws of The Hague, The Netherlands. Full code of law can be found here: http://www.wetboek-online.nl/site/home.html
12. Warranties
You warrant that any permissions have been obtained for the agreed use of materials supplied by you for the completion of this service.
You shall indemnify me against any and all claims and expenses, including legal fees, arising from my use of any materials provided by you.
I warrant that, to the best of my knowledge and belief, the final work will not infringe upon any existing copyrights.
I will indemnify you against any copyright infringement judgments arising from the service I provided. My service is otherwise provided 'as-is', with no implied warranties.
13. Severability
These Terms are intended to be severable. What this means is that if any of these Terms are deemed illegal and/or unenforceable,
such a Term will be excluded to the extent of that illegality and/or unenforceable. All other Terms will remain in full effect.
14. Force Majeure
Neither of us will be considered in breach of these Terms to the extent that the performance of our respective obligations (excluding payment) is prevented by an Event of Force Majeure.
An Event of Force Majeure is: an act of God (such as, but not limited to, fires, explosions, earthquakes, floods, or rapture); war or hostilities; civil unrest; acts or threats of terrorism; discontinuation of electricity or internet not covered by the agreement concluded with the respective utility companies or ISP; circumstances reasonably similar to any of these; or any other unforeseeable circumstance beyond your or my control that would be unreasonable to take precautions against and which cannot be avoided.
As soon as it's practical following an Event of Force Majeure, the affected party (you or I) will provide to the other reasonable proof of the nature of the event and of its effect upon the obligations contained within these Terms.
15. Definitions
- Sketch: Grey-scale line art which will be the groundwork for the final product
- Inks: Black line art which will serve as the outlines for the final product
- Colors: Colorization of all elements defined by the black line art
- Final work: Finished image(s) that fulfills/concludes my service to you as agreed in correspondence and application.
- WIP: Work In Progress, which can be any of the above, approved or unapproved.
- Service: The creation of original digital artwork within defined scope and the granting of a licence from me to you, to use the finished work as described in these terms.
- Scope: The agreed specifications for the final work. Defined through your inquiry and following correspondence.
- BASE price: the provided MINIMUM price for types of commissions outlined in https://www.furaffinity.net/commiss.....ragonnetstorm/
- Quote: Price suggested for the execution of my service to you.
These Terms of Service might be subject to change, I will do my best to keep them updated at all times.
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