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Nightmare Kitty Studios' ToS
7 years ago
Arwyn's Ramblings
By commissioning me, you are agreeing to the terms and conditions outlined below. I reserve the right to cancel your commission and not refund any payment made in the event that you violate my terms. If you have any questions or concerns with the following statements, please contact me prior to ordering the commission. Terms are subject to change.
─── ･ ｡ﾟ⛥: *.☽.* :⛥｡ﾟ･ ───
I. GENERAL TERMS
Please read and acknowledge these terms of service first before commissioning me.
I will work under the assumption that you have read these terms.
I reserve the right to decline your commission.
Ill-mannered behavior will not be tolerated and will result in
cancellation (See V).
By purchasing digital artwork from me, you accept that you are paying for a digital product and not receiving a physical item.
You also agree to waive any attempts of chargeback upon receiving your commission.
Failure to follow the rules provided in the ych, sale, trade, or adoptable may result in you being blacklisted and/or loss of art/character rights.
I am not responsible for damage, loss, or quality deterioration of physical art once it is in your possession. It is your responsibility to ensure that the artwork is stored properly.
Commission information and prices are subject to change.
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II. PAYMENT
I accept payments through PayPal and CashApp (USD).
PayPal payments are sent via invoice and do not require an account to pay. The price in the invoice is final, but tips are optional and greatly appreciated!
False chargeback attempts will be considered bad faith by the client and may result in you being blacklisted and/or loss of art/character rights.
Full payment is required upfront before I start your commission.
I may charge extra depending on detail, complexity, and/or scale of the commission including but not limited to: extra requests, intricate clothing, complex character designs/backgrounds, scenery, and/or frequent changes.
Traditional art base prices do not include shipping and handling costs as postage fees vary depending on weight and location (U.S. shipping only).
I will never use your information or name beyond the payment forms between us, nor share or mention it to others, without your permission.
Note that all prices are set at a modest range for the quality and work time, with the exception of art bundles.
II.1. RUSH FEES
I reserve the right to reject rush orders that are either too large and/or too short of a deadline.
Rush fees are due upon ordering and range anywhere from 20-100% of the total cost depending on the scale of commission and desired timeframe.
Estimated start and completion dates will be given upon request but are not guaranteed.
Dates provided are subject to change.
II.2. LARGE ORDERS
I do offer payment plans for large orders of up to $100 or more with a 25% down payment required upon ordering.
The remaining payments can be made in any range and/or duration thereafter.
Completed artwork will be sent once the final payment has been made.
If payments can no longer be made for any reason, you have the option to keep the artwork 'as is' or request a refund of the amount paid and I will use any progress if at all for a ych/sale opportunity.
The turn around time for your commission will be longer than that of a normal scale commission.
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III. PROCESS
Please provide as much detail and reference material as possible in the commission form including character reference sheets, poses, expressions, scenery, and/or objects.
Reference sheets are recommended but if you do not have one, I will do my best to work with the references provided.
I may charge a custom fee to ensure the design is up to par.
WIPs will be provided for approval before completion during the sketch and lining phase. Please use this time to inform me of any desired changes or add-ons. Keep in mind that the sketch is a rough draft and is not meant to look like the final product.
I reserve the right to reject critiques that involve me changing my style. If you are dissatisfied with the overall style of the commission, your order will be cancelled and you will receive a refund.
The coloring/shading phase will take place without a wip unless requested. Small changes can be made at this time. Any major changes such as an
outfit, background change, or anything that requires me to redraw the piece
will cost extra.
I am responsible for any mistakes made that pertain to missing items, markings, scars, or any other aspect of the order that are either in the reference material or already disclosed to me. You will not be charged for these edits or alterations.
The turn around time for your commission will vary between one week to two months depending on many factors such as health, placement in queue, complexity, work, and/or family matters.
If there is any delay on your order for any reason at all, you will be notified.
I communicate with my clients often but you are welcome to contact me at any time regarding your commission.
In the event that the physical artwork is damaged or lost during shipment, contact me as soon as possible so that I can file a claim through the postal service. Please provide photos, tracking information, and a detailed explanation of the issue for the claim. Failure to do so may result in your artwork being lost or damaged forever.
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IV. I WILL/WILL NOT DRAW
I Will Draw
⛥Anthro characters
⛥Feral characters
⛥Animals/pets
⛥Fanart
⛥Nature
⛥Scenery
⛥Sfw content
⛥Lewd/suggestive scenes
⛥Gore
⛥Candy gore
Things I'm inexperienced at:
⛥Humans
⛥Muscles
⛥Cars
⛥Machinery
⛥Gundams/transformers/robots/etc
⛥Intricate clothing
I Will NOT Draw:
⛥Art in someone else's style
⛥Explicit content/nudity
⛥CP/minors being harmed
⛥Characters that don’t belong to you or you have no permission from the owner to get art of (unless gift art is permitted)
⛥Offensive material such as bigotry, homophobia, transphobia, racism, slurs, hate speech, cruel/violent depictions, etc
⛥Bodily functions
⛥Inflation
⛥Vore
⛥Incest
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V. COPYRIGHT/USAGE POLICY
I retain all rights to the produced art, meaning I am allowed to repost
the completed artwork to promote myself and/or use it for examples in
my portfolio.
If you would like your commission to remain private, notify me during the ordering process.
You may repost the commissioned artwork as long as you give proper credit to Nightmare Kitty Studios.
I do not claim rights to any characters or other intellectual property used in the process of creating the artwork.
You are allowed to;
Use or print the artwork for personal use
Claim ownership of your character(s)
Use the artwork to promote yourself with proper credit linking back to any official Nightmare Kitty Studios' web sources.
You are NOT allowed to;
Reproduce or use the artwork commercially, meaning making profit off of it in any way, without my permission
Use or sell the artwork as a; (a) NFT, Bitcoin, or any other form of cryptocurrency or (b) tool to train AI models
Take credit for the creation of the artwork
Remove any watermarks/signatures
Alter the artwork without my consent.
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VI. CANCELING/REFUND POLICY
If money has not been sent yet, then you have the right to cancel the commission.
I will not refund the same day of purchase, please prioritize your bills and/or budget before doing business with me.
I have the right to cancel your commission and refund you at any time.
(DISCLAIMER: This is rare, I usually only cancel if either you are ill-mannered towards me or I'm not able to finish due to personal life matters. Ill-manners include excessively or continuously being rude, negative, demanding, childish, or inappropriate.)
Upon cancellation you will receive the artwork 'as is' and a percentage of the funds paid depending on what stage the piece is at:
Commissions are 100% refundable if; (a) the piece hasn't been initiated yet or (b) ill-mannered behavior compels me to cancel myself [for this, you will not receive any artwork and I will use any progress if at all for a ych/sale opportunity].
Commissions are 75% refundable for any progress up to but not limited to the sketch stage.
Commissions are 50% refundable for any progress up to the linework stage.
I will not refund up to the color/shading stage.
─── ･ ｡ﾟ⛥: *.☽.* :⛥｡ﾟ･ ───
Violation of the terms and conditions outlined above may result in the following consequences:
Cancellation of the commission with or without a refund
Being blacklisted from future commissions
Loss of art and/or character rights
Having your name publicly posted on websites, art groups, and social handles that allow bewares.