Terms of service

Last Updated: 28.06.2023
Subject to Change Without Notice.

General

By commissioning me, you agree that you have read and accepted all the terms described herein.
You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me.
Violators will be added to my blacklist indefinitely and without warning.• By commissioning me, you are purchasing my service as an artist only.
• I reserve the right to decline any project or client for any reason.
• I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason.
• I reserve the right to sign and/or watermark my own work. I will send you a full resolution image (by email), but my signature will remain on both the full resolution and smaller versions of the Artwork.If you still have any questions after reading the TOS you can reach out to me on this e-mail: [email protected]

PAYMENT

• I am not responsible for any mistakes that are made on your part over the course of the transaction.
• Payment will be made after I reach out to you about the details of your commission, in cases of more complicated projects I will reach out in DMs first to make sure I understood everything correctly and ask any questions I might have regarding the project.
• It is expected that you deposit 100% of the price upfront before I start. No exceptions unless otherwise discussed.
• I will only accept payment via invoice trough Stripe or Paypal.
• I will initiate the transaction to avoid accidental transactions. Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment.
• I do not accept payment from shared PayPal accounts unless you are not of legal age and use a parent/guardian’s PayPal account.

Repeated counts of commissioning a project and failing to pay will result in blacklisting.

REFUNDS

• All purchases and fees are final and non-refundable.
• If I cancel a project, I will reimburse the lost fees and refund 100%.
• If we agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your said deposit if you back out of the Payment Plan.
• You are required to contact me when you need to cancel a commission request.
• Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts.

PAYPAL DISCLAIMER

• Please note that all of my sales are "Digital Artwork" and it is the Artwork’s "Intellectual Property" that is purchased by you, the Client.
• Nothing is ever intended by either me or the Client, to be physically shipped to them.
• I am not required ever to ship any item unless it was explicitly discussed.

DEADLINES AND DELIVERY

• I usually take up to 1-2 days to respond to your initial order inquiry.
• You reserve the right to set a deadline for your commission. This deadline must be disclosed prior to payment.
• I have the right to decline a project if there is too short of a time allowance. I reserve the right to take up to 3 weeks to begin work on your project, and an additional 6 weeks to work on said project.
• If you did not alert me to a deadline, you must not send reminders until this 3 week's buffer period has passed.
• If due dates are discussed, it is also the clients' responsibility to ensure prompt communication. I will not be held responsible for late delivery.
• No harassment over my work speed will be tolerated, regardless of the time that has passed.
• I will work on commissions randomly. This means I will work on the piece I'm the most inspired/ comfortable with at the moment.
• You reserve the right to be notified of any delays.

RUSH FEES

• Rush fees are at least + 25% of the commission. Fees might vary depending on the project and the timeframe provided.
• Dates provided are subject to change, details are to be discussed should the client have set dates.

INTELLECTUAL PROPERTY RIGHTS

• I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon. In the case of a Public Commission, I may do whatever I wish with the art (eg. post it to other sites such as Twitter) but will give proper credit to you for ownership of the character’s design.
• In the case of a commission, I will not claim the rights to a character design unless it was one of my own designs. Therefore I will not reuse/resell the Artwork for personal or commercial projects unless agreed upon.
• You are responsible for protecting your ownership over rights to a character design made by me by creating a copy image with your name added as well (ie. through a watermark) when uploading on external sites.

REVISIONS

• I will send a WIP (‘work in progress’) image after 100% of the payment is completed.
• These images will come in the form of .jpg or .png files as an attachment in the email or a DM.
• The responsibility is on you to ensure your order contains the details you want me to follow.
• I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.
• I will only send 1 guaranteed WIP for the Sketch, but you are free to request a WIP at any given time.
• Up to two major revisions can be made during the sketching phase of the commission. Only minor adjustments within reason can be made afterwards. Color corrections will be made at the color stage.
• Each time I send a WIP to a client, I ask the client to provide feedback to me.
• Any changes to the character or subject after the commission has left the sketching stage will be subject to a fee, and the fee will depend on the nature of the change.
• I will not be held responsible for any changes in ownership of the said character.
• After the order is completed, minor changes such as color adjustments are allowed if the missing or inaccurate elements are my faults (e.g., I overlooked details provided in the order).
• In the absence of feedback from the customer, any changes to the final piece will be subject to a fee.
• I will not redraw a completed commission unless payment is received for a second order.

use

• You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me.
• You may not upload or host my work in any gallery that is intended to display your own work only.
• You may not claim my work as your own.
• You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.
• You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only (ie. NOT for sale).
• You may NOT use the Artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed.
• You may NOT use the Artwork in any way relating to NFT's or AI.
• You are NOT authorized to change, modify, edit or use my works without my permission.
• You are NOT authorized to trace over my Artwork in any way, including the use of the artwork as a “base.”
• Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment.
• Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.
• These clients are permitted to include signatures and/or watermarks indicating the Artwork is my intellectual property. Credit in some form is required.
• By placing an order, you agree to these terms and conditions.

COMMERCIAL USAGE AGREEMENT

• If you, the Client, wish to order a commission for Commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.
• The minimum price increase 50% of the original price, meaning half the end sum. However, I reserve the right to charge more if I deem fit.
• The following cases are considered commercial use: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted my artwork, (eg. Patreon, YouTube, Twitch, a personal site, business cards etc).TIER CONTENTS % INCREASE
TIER 1 - TWITCH/YOUTUBE PROMOTION - 50%
TIER 2 - PATREON CONTENT/ PERSONAL SITE - 100%
TIER 3 - REPRODUCING/SELLING/MERCH - 200%

NDA - PRIVACY REQUEST

• If you wish for your request to be private, it must be stated during the ordering process.
• I reserve the right to charge a fee if I deem fit.
• The privacy request entails that I am not allowed to share any WIPs on social media, nor am I allowed to stream the process of the commission anywhere.
• However, this also means that you must refrain from sharing any such spoilers yourself.
• This is especially important to consider if you are a Vtuber and want me to keep assets private until your debut.
• The NDA fee usually starts at +5% of the total quote, but it might differ. The bigger the project the bigger the fee.