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Terms of Service for commissions (as of September 2018)
7 years ago
TERMS OF SERVICE FOR COMMISSIONS
(ENGLISH VERSION)
By commissioning me in any way, you are agreeing to the terms of service below.
Any of the statements below can be negotiated prior to the commission.
If your commission is accepted, an email will be sent with the proof of the transaction. At this time, please verify that all information is correct.
Any changes MUST be made at this point.
I. GENERAL TERMS
Please be civil in all aspects of the commission. I will more than likely accept a commission that is written out clearly and easy to understand, as I know sometimes English is not everyone's first language.
Provide clear and clean references. A written description is ok, though a charge will incur accordingly for building your character from scratch depending on the complexity. If your reference is shaded, it would be appreciated if you would give a color reference swatch for easier matching.
Please do not be disrespectful or rude in anyway. Good manners will come a long way when I work with you.
If you fail to follow the rules provided, I have the right to decline your commission. I will not do so lightly, but these rules are in place for a reason.
If ordering a NSFW drawing, I require verification that you are OVER THE AGE OF 18 years and not a minor in this transation. I do not allow minors to commission NSFW art from me as not only is this illegal, but also due to legal problems arising from this and leading to possible closing of my art business.
If you are a minor commissioning art, I require a parent or guardian approved permission from them that you are allowed to purchase art from me, as well as if you are using their card or paypal to pay me from. I still require guardian or parental permission even if you will pay the commission yourself.
II. PAYMENT
When the sketch process is finalized and I have sent in a watermarked sample, I require partial payment first if the illustration is approved. After the final art is completed is when you, the commissioner sends the rest of the payment.
I only accept PayPal in USD (American Dollar) at the moment. When you pay with PayPal, I will send you the PayPal link when everything is finalized as the email address for the commission request is different from my Paypal account. Please do NOT send payment as 'Gift' but as 'Goods and Service' as well as an invoice for tax purposes.
If you want to pay via in another currency besides US dollars, please tell me so that I can adjust the currency exchange rate on the prices of your commission.
III. PROCESS
I require the commissioner tell me truthfully and communicate to me directly if the image isn't to their liking or if there needs to be a correction to the art during the sketch process. If you suddenly change your mind on something beyond the sketch stage, a charged fee will incur depending on how big of a change it is.
Work In Progress will be given for half and full-body illustrations, or if the commissioner personally asks for it. WIPs might be given by me as well if I have a question or to check if you are okay with the progress of your commission.
If you specifically do NOT want a WIP, please let me know beforehand and I will make sure to keep it a surprise.
Depending on the commission, it might take a few days to a month or so depending on the type of work ordered as well as due to part-time job, my speed in drawing, as well as some mental and health issues. Though there might be some exceptions.
Please keep in mind that I am human, and it might take more time to complete a commission if something comes up.
I'll let you know if there is anything that might make a commission take longer. But, please feel free to send me a message to ask what is the current status of your commission as more than likely I am taking a break from it due to the above reasons and/or taking a break on it to get a more refreshed mind.
IV. CUSTOMER SATISFACTION
I will do everything I can to make my customers happy.
However, after a commission is finished only small changes are allowed to be made if I missed a certain detail in the artwork such as small coloring, markings or anything I made a mistake in. These will be done free of charge.
Any large changes such as an outfit change, outfit addition or subtraction, background change or anything that makes me have to redraw it completely will come with an extra charge.
V. COPYRIGHT / USAGE POLICY
(This stuff is the legal stuff. Not as fun to read, but still important to make sure!)
I, the artist, hold every right to the produced drawing, not the commissioner.
Therefore I´m allowed to use the copyrighted artwork to:
Promote myself within any place or site.
To display it anywhere to my liking.
The Commissioner/s are allowed to;
Use the copyrighted artwork for personal use only unless agreed otherwise.
Print the art and claim the right of their character(s) but not the drawing itself.
Use the art to promote themselves with proper credit given to the artist.
Include the downloadable content in the character's selling folder, with credit clearly given and watermark intact.
I, as the artist, will never;
Claim the character as my own,
Use the character for personal use
If you break the copyright in any way, you will be placed on a list which will affect my judgment in allowing further commissions from me.
The following is considered Copyright Infringement:
Reproducing/using the copyrighted artwork commercially. (Meaning making money off it in any way)
Taking Credit for the creation of the artwork.
Removing any watermarks/signatures.
Altering the artwork without my, the artist´s, consent.
(In short, I own the art but the character I do not. Please be responsible and give credit where it is due)
I will not post extreme NSFW art on my page as I want to keep it relatively clean and viewable for viewers. You may repost and credit it on your gallery or website. If you demand I upload it on my gallery, a $50 charge will incur for it and put in a separate gallery from my main account.
VI. CANCELING/REFUNDING POLICY
If the commissioner changes their mind before the commission process has begun, they have the right to cancel as long as no payment has been exchanged.
However, if money has been exchanged when the sketch has been approved or the art is near completion, only a partial refund will be given depending on how far the drawing has progressed.
I will not cancel or refund without GOOD reason. I will always give one BEFORE refunding, and if possible, a compromise may be reached.
You have no right to cancel or demand a refund from the artist under any circumstances after payment is received. A partial refund and the incomplete commission will be given depending on certain circumstances, or if I feel that I cannot complete the commission as requested.
*PLEASE include the word "clarity" in your email to prove that TOS were read and agreed to. If this word is not present, your request may be denied*
Terms of Service base originally written by:
CSEmber (http://csember.deviantart.com)
(ENGLISH VERSION)
By commissioning me in any way, you are agreeing to the terms of service below.
Any of the statements below can be negotiated prior to the commission.
If your commission is accepted, an email will be sent with the proof of the transaction. At this time, please verify that all information is correct.
Any changes MUST be made at this point.
I. GENERAL TERMS
Please be civil in all aspects of the commission. I will more than likely accept a commission that is written out clearly and easy to understand, as I know sometimes English is not everyone's first language.
Provide clear and clean references. A written description is ok, though a charge will incur accordingly for building your character from scratch depending on the complexity. If your reference is shaded, it would be appreciated if you would give a color reference swatch for easier matching.
Please do not be disrespectful or rude in anyway. Good manners will come a long way when I work with you.
If you fail to follow the rules provided, I have the right to decline your commission. I will not do so lightly, but these rules are in place for a reason.
If ordering a NSFW drawing, I require verification that you are OVER THE AGE OF 18 years and not a minor in this transation. I do not allow minors to commission NSFW art from me as not only is this illegal, but also due to legal problems arising from this and leading to possible closing of my art business.
If you are a minor commissioning art, I require a parent or guardian approved permission from them that you are allowed to purchase art from me, as well as if you are using their card or paypal to pay me from. I still require guardian or parental permission even if you will pay the commission yourself.
II. PAYMENT
When the sketch process is finalized and I have sent in a watermarked sample, I require partial payment first if the illustration is approved. After the final art is completed is when you, the commissioner sends the rest of the payment.
I only accept PayPal in USD (American Dollar) at the moment. When you pay with PayPal, I will send you the PayPal link when everything is finalized as the email address for the commission request is different from my Paypal account. Please do NOT send payment as 'Gift' but as 'Goods and Service' as well as an invoice for tax purposes.
If you want to pay via in another currency besides US dollars, please tell me so that I can adjust the currency exchange rate on the prices of your commission.
III. PROCESS
I require the commissioner tell me truthfully and communicate to me directly if the image isn't to their liking or if there needs to be a correction to the art during the sketch process. If you suddenly change your mind on something beyond the sketch stage, a charged fee will incur depending on how big of a change it is.
Work In Progress will be given for half and full-body illustrations, or if the commissioner personally asks for it. WIPs might be given by me as well if I have a question or to check if you are okay with the progress of your commission.
If you specifically do NOT want a WIP, please let me know beforehand and I will make sure to keep it a surprise.
Depending on the commission, it might take a few days to a month or so depending on the type of work ordered as well as due to part-time job, my speed in drawing, as well as some mental and health issues. Though there might be some exceptions.
Please keep in mind that I am human, and it might take more time to complete a commission if something comes up.
I'll let you know if there is anything that might make a commission take longer. But, please feel free to send me a message to ask what is the current status of your commission as more than likely I am taking a break from it due to the above reasons and/or taking a break on it to get a more refreshed mind.
IV. CUSTOMER SATISFACTION
I will do everything I can to make my customers happy.
However, after a commission is finished only small changes are allowed to be made if I missed a certain detail in the artwork such as small coloring, markings or anything I made a mistake in. These will be done free of charge.
Any large changes such as an outfit change, outfit addition or subtraction, background change or anything that makes me have to redraw it completely will come with an extra charge.
V. COPYRIGHT / USAGE POLICY
(This stuff is the legal stuff. Not as fun to read, but still important to make sure!)
I, the artist, hold every right to the produced drawing, not the commissioner.
Therefore I´m allowed to use the copyrighted artwork to:
Promote myself within any place or site.
To display it anywhere to my liking.
The Commissioner/s are allowed to;
Use the copyrighted artwork for personal use only unless agreed otherwise.
Print the art and claim the right of their character(s) but not the drawing itself.
Use the art to promote themselves with proper credit given to the artist.
Include the downloadable content in the character's selling folder, with credit clearly given and watermark intact.
I, as the artist, will never;
Claim the character as my own,
Use the character for personal use
If you break the copyright in any way, you will be placed on a list which will affect my judgment in allowing further commissions from me.
The following is considered Copyright Infringement:
Reproducing/using the copyrighted artwork commercially. (Meaning making money off it in any way)
Taking Credit for the creation of the artwork.
Removing any watermarks/signatures.
Altering the artwork without my, the artist´s, consent.
(In short, I own the art but the character I do not. Please be responsible and give credit where it is due)
I will not post extreme NSFW art on my page as I want to keep it relatively clean and viewable for viewers. You may repost and credit it on your gallery or website. If you demand I upload it on my gallery, a $50 charge will incur for it and put in a separate gallery from my main account.
VI. CANCELING/REFUNDING POLICY
If the commissioner changes their mind before the commission process has begun, they have the right to cancel as long as no payment has been exchanged.
However, if money has been exchanged when the sketch has been approved or the art is near completion, only a partial refund will be given depending on how far the drawing has progressed.
I will not cancel or refund without GOOD reason. I will always give one BEFORE refunding, and if possible, a compromise may be reached.
You have no right to cancel or demand a refund from the artist under any circumstances after payment is received. A partial refund and the incomplete commission will be given depending on certain circumstances, or if I feel that I cannot complete the commission as requested.
*PLEASE include the word "clarity" in your email to prove that TOS were read and agreed to. If this word is not present, your request may be denied*
Terms of Service base originally written by:
CSEmber (http://csember.deviantart.com)
