FA+
Shop
T.O.S. - Terms of Service [2023]
7 years ago
General
Terms of Service
Section I — General
1) The artist reserves the right to refuse a commission without reason or explanation.
2) Inappropriate/aggressive behaviour of any kind will not be tolerated. Should this or a breach of the Terms of Service occur, the artist may stop or cancel the commission.
3) Poor communication may also be grounds for stopping the commission.
4) The client must read, understand, and agree to all the terms. By continuing with the commission and going forth with the payment, the client has agreed to the above terms.
Section II — Payment/Prices
1) All prices are in USD.
2) Prices are subject to change according to size, complexity, and/or detail of the piece at the discretion of the artist.
3) Full payment takes place immediately after the artist accepts the commission.
4) Payments must be made on the platform of the artist’s choice (Paypal).
5) Invoices are required to be paid in full after 10 days of sending them.
6) Individual payment plans can be made after the $200 threshold.
7) A group commission must be paid for by 1 (one) person in order to avoid complications and miscommunications.
8) If the commission is needed by a specific deadline that is communicated to the artist in advance, the artist may apply a fee at their discretion.
9) Final prices stated by the artist are non-negotiable.
Section III — Process/Deadline/Communication
1) The client must provide clear and concise references/descriptions of their character(s) in order to avoid confusion.
2) Any written text or communication must be in English (or the artist’s preferred language).
3) Quotes may be provided at the client’s request. They do not represent the final price. They are only an estimate at the time of sending and can be changed at any point in the future at the artist’s discretion.
4) Clients may request changes during the sketching process. Changes applied after this check in may require an extra fee based on the nature or complexity of the change.
5) Final commission piece will be sent through email or the platform of the client’s choice in order to receive the full quality image.
6) The platform for communication must be established in advance so that both the client and artist can have a reliable line of communication, whether it be over email, instant messaging, etc.
7) Allow up to 1-12 months for commission turnaround.
Section III (Continued) — Rights
1) The commissioned piece may NOT be used for commercial purposes and cannot be redistributed or reproduced. The client may NOT make any profit off of the piece, which includes but is not limited to digital prints, physical items, etc.
2) The artist retains all rights to the piece of artwork itself, including the right to make any merchandise. This must be communicated with the client in advance and have the client’s full consent.
3) Removing any artist watermarks is a violation of these terms.
4) The artist retains the right to crop, edit, or alter the image for promotional use.
5) The artist does not claim any rights to any intellectual property or the character(s).
6) The client may not alter or edit the piece of artwork itself unless agreed upon by the artist.
7) If permission has been obtained from the artist, the piece may be reposted to their platforms of choice so long as full credit is given to the artist.
8) The client may not claim the commissioned piece as theirs in any way, shape, or form.
9) The commissioned artwork may not be resold.
10) The artist is not responsible for providing the client with a physical object, print, merchandise, etc. of the artwork, unless agreed upon in which a fee may be applied.
11) The client may print a copy of the commissioned artwork for personal use if provided with written consent by the artist. It may not be redistributed or sold in any way.
Section IV — Refund Policy
1) If the client wishes to cancel the commission before payment, there are no repercussions. The commission will be cancelled and no further action needs to be taken.
2) If the client wishes for a refund before beginning any work, a full refund will be provided.
3) If the client wishes for a refund after beginning any work, a percentage of the refund will be provided at the artist’s discretion based on how much work is done.
4) If the client wishes for a refund after the commission is completed, no refund will be provided.
Section V — Other
1) By providing the client with a line of communication to the artist, the client agrees to act in a professional manner.
2) The client may not redistribute the artist’s contact in any way unless agreed upon by the artist in advance.
3) Should any terms of service be breached, or the artist incurs damages caused by the client, the artist reserves the right to either issue a takedown DMCA notice or pursue damages through the Copyright Law of the United States (https://www.copyright.gov/title17/)
Section VI — Adopts
1) Adopts may be resold, but not for higher than purchased for originally. (Unless there is new artwork with it.)
2) All adopts are non-commercial. The client may use the character for personal use and the artist must be credited as the creator of the design.
3) Adopts purchased that are above 18 years of age must be kept as above 18 years of age. They cannot be “aged down” or depicted as a minor in any way, shape, or form.
4) No refunds are provided for adopts. They are final sale.
5) Payment plans may be available for higher priced adopts, if communicated with the artist in advance.
6) All terms of service above continue to apply to the adopt.
7) Adopts may not be used for any copying, tracing, etc.
8) Small edits to the adopt may be allowed if communicated with the artist in advance.
9) Holds on an adopt may be made up to a week in advance, after which the adopt will be made available for sale again.
10) Upon sale, the full resolution image will be provided to the client through the platform of the artist’s choice.
11) By purchasing an adopt, the client is purchasing the rights to the character and the design. The artist retains all rights to the artwork itself.
Section VII — Other Information / Do's & Don't's
★ PLEASE! Take a look through my gallery before commissioning me so you will get an idea of what your commission will look like.
★ I am do not consider commissions late until 6 months after ordering. If that's too long then please do not order from me.
★ I do NOT accept extremely detailed descriptions on commissions. If it’s too long I will ask you to shorten it.
★ If you ask for edits more than 2 times, I will have to start charging you extra. (Unless it is due to my own negligence and I missed a specific detail.)
★ By agreeing to commission me, you are agreeing to upload your images drawn by me with credit if you so choose to upload them at all.
★ Also, by agreeing to commission me, you are agreeing to my Terms of service and Purchase Policy.
>>Things I WILL NOT draw:<<
♦ Comics (outside of YCHs).
♦ Cubs/kids in any sexual situation. Just no.
♦ MY characters with YOUR characters (romantically/relationship speaking).
♦ Extreme fetishes (f you're unsure, feel free to ask! I will draw a lot of things, you need to ask to know for sure).
♦ Anything I feel uncomfortable drawing. I have the right to refuse anyone before I take a commission.
► IF YOU HAVE A QUESTION REGARDING THESE THINGS I WILL OR WILL NOT DRAW; please send me a PM.
► Please, no complaining about these rules. If you have an issue with them, then don’t commission me.
► Also, please allow me ample time to work on your piece, as I have a very busy IRL schedule to work around. I will get it done and to you as fast as I can without sacrificing quality!
► If you have ANY questions regarding my requirements, please PM me.
THESE TERMS CAN BE CHANGED BY THE OWNER AT ANY GIVEN TIME.
Originally written/posted by vyruskt on Twitter.
Comment posting has been disabled by the journal owner.
