TERMS OF SERVICE (TobeUpdated)

Pastelaine

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Created
3 years, 2 months ago
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Pastelaine
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THIS IS JUST A TEMPLATE: NOT YET EDITED! PLEASE IGNORE FOR NOW. By ordering a commission from me, Pastelaine @pastelaine ("the Artist"), you ("the Client", "(s)he/ they") affirm to have read and agree to be legally bound by the following Terms of Service listed below. Failure to abide by the Terms of Service may result in a rejected/ cancelled commission with or without a refund, and/ or a blacklist/ public service announcement.

These Terms of Service are in effect as of -----.

Jump to:
Section 1.1 - Will Draw
Section 1.2 - Will Not Draw
Section 2 - General
Section 3 - Image Rights
Section 4 - Delivery/ Turnaround
Section 5 - Payment
Section 6 - Refunds
Section 7 - Commission Process
Section 8 - Personal and Commercial Use

Section 1.1 - Will Draw

The Artist is willing to draw any of the following:

  1. Human(oid) | Kemonomimi | Anthro*
    (*Anthros that lean heavily towards the feral side instead of human(oid) will be rejected)
  2. Original Characters and/ or Fan Characters
  3. Sonas
  4. Real life people* (*only if express written permission of the subject in question is provided)
  5. Fanart
  6. Mild Nudity(Swimsuits)
  7. Light Gore
    (Ex. Excessive blood, detached limbs, etc.)
  8. Implied Sexual Content
  9. Characters in appearance of the following age ranges:
    1. Toddlers/ Children
    2. Teenagers
    3. Young adults (18 - 35 years old)
    4. Middle-aged adults (36 - 55 years old)
  10. Any couple type of any sexuality
    This includes but is not limited to:
    1. Canon x Canon
    2. Canon x OC
    3. OC x OC
    4. Male x Female
    5. Male x Male
    6. Female x Female

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Section 1.2 - Will Not Draw

The Artist will not draw any of the following:

  1. Feral
  2. Explicit Sexual Content
  3. Heavy gore
    (Ex. Detailed internal body parts)
  4. Mecha
  5. Elderly-appearing characters (56+ years old)
  6. Sexualized underage characters (in actual age and appearance)
  7. Pedophilic relations
  8. Incestuous relations
  9. Certain kinks/ fetishes (ex. watersports, DDLG...); the Client is asked to confirm with the Artist beforehand if a certain kink/ fetish is acceptable.
  10. NOTPs - A NOTP is the opposite of an OTP (One True Pairing) also knowns as anti-ships

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Section 2 - General

  1. The Artist has a right to refuse the commission. I would politely explain why I can't accept the commission.
  2. The Artist has a right to cancel the commission, if the customer didn't abide the rules.
    (Please see Section 6 - Refunds for more information on cancellations.)
  3. The Artist has a right to upload the commission on any/ all social media (Tumblr, Facebook, DeviantArt, Instagram, etc.) unless specified by the Client beforehand to keep the commission private.
  4. All commissions must be fully paid before the Artist starts. The Artist does NOT accept partial payment(s). You will receive a WIP(Work in progress) of your commissions in a few days.
  5. The Client should inform the artist if the commission have a deadline or needs rushed before they place an order or pay for the commission.
  6. The Artist works on a "first come first serve" basis.
  7. Mild NSFW commissions may only be ordered by a Client 18 years of age or older. If the Artist has any reason to suspect the Client is underage while asking for an Mild NSFW commission, the commission will be automatically rejected/ cancelled, in addition to a public service announcement being made.
  8. The Client may contact the Artist at any time to ask for a progress check on the commission, but no more than once weeks. The Client is encouraged to contact the Artist via social media (Deviantart, Tumblr, Facrbook, Toyhou.se, Instagram) if the Client is unable to reach the Artist via e-mail.

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Section 3 - Image Rights

  1. The Client may make minor edits to the completed commission (ex. Cropping, Adding text/ borders, Changing Brightness/ Contrast/ Hue/ Saturation...).
  2. The Client cannot make major edits to the completed commission (ex. Recolors, adding more details, change of expression..) If the client wishes to change something in the commission, ask the artist to make the following changes.
  3. The Client may use/ reupload the commission for personal/ non-commercial use, but only if proper credit to the Artist (@pastelaine) and a linkback to any of the Artist's social media (Tumblr, Facebook, DeviantArt, Toyhou.se, Instagram) is provided.
    1. If the commission includes characters that do not belong the Client, additional credit to the owner(s)/ creator(s) of said characters must be provided when using/ reuploading for personal/ non-commercial use.
  4. The Client may not use the commission for any commercial use unless discussed with the Artist beforehand.
    1. Commissions for commercial use will be charged more than personal/ non-commercial commissions. Prices are stated at the artist's commission journal.
    2. If the commission includes characters that do not belong the Client, the Client can not use the commission for commercial use unless explicitly written permission from the owner(s)/ creator(s) of said characters is provided.
  5. The Client may not claim the commission as his/ her/ their own work, whether (s)he/ they did or did not make any edits to the commission.
  6. The Artist does not claim ownership to any of the characters/ subjects portrayed in the commission. Characters belong to their respective creator(s).

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Section 4 - Delivery/ Turnaround

  1. All commissions will be done digitally.
    1. There will be no hard copies unless requested by the client.
    2. The Client is paying for a service/ digital good and will not require any shipping of any kind unless requested by the client.
  2. All commissions will be .PNG unless specified otherwise. Exceptions may be made, depending on the commission.
  3. The Client may ask for a specific canvas size for the commission.
    1. Commissions with a canvas size larger than 3000px will have an additional charge.
    2. Commissions with a canvas size smaller than 1000px may have prices negoatiable. (Note: Smaller canvas sizes may result in losses to detail/ and or quality).
  4. The Client(Commercial use) may ask for the .sai or .psd file if the Client plans to personally print the commission; however, there will be an additional charge.
  5. All commissions will be sent via e-mail with the completed commission .PNG file attached.
  6. Unless specified not to upload the commission to the public, all commissions will be posted on the Artist's social media, resized and watermarked.
    1. Commissions will be posted on the Artist's social media after the Client has received and approved the original and unmarked commission file.
    2. The Client may choose to remain anonymous when the Artist publicly uploads the commission.
  7. Depending on the desired style and queue, the estimated turnaround is about two (2) days to one (1) month at the latest.
  8. Kindly do not rush the artist to finish the commission,you may request a deadline before the artist accepts the payment, but the artist have a right to decline if the artist is not capable of doing the commission before the deadline.
  9. The artist extends the process of making the commission with the Artist’s personal reasons and will inform the client beforehand.

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Section 5 - Payment

  1. All commissions must be fully paid before the Artist starts. The Artist does NOT accept partial payment(s).
  2. Payment is to be made via Paypal(USD and PHP), Gcash, Palawan, LBC or Bank-to-bank(PHP)
  3. PayPal payment is to be done in USD OR PHP (Philippine peso).
  4. PayPal payment is be done using invoices. The Artist will require the Client's PayPal e-mail.
  5. The Client does not need to pay extra for any of the PayPal fees.
  6. DeviantArt Points payment is to be made using the Donation Widget on the Artist's DeviantArt profile page.
  7. Payment must be sent within 72 hours after confirmation. Unless the client requests for holds.

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Section 6 - Refunds

  1. If the Client cancels his/ her/ their commission for whatever reason, there's strictly NO refunds of the commission no matter if it has been finished or not.
  2. If the Artist cancels the commission for whatever reason, the Client will receive a full refund, in addition to a .PNG file of whatever progress of the commission has been completed.
  3. Refunds will be given within 72 hours after correspondence.
  4. The Client will not be refunded if (s)he/ they are unsatisfied with the commission.
    1. If the Client is unsatisfied with the commission, the Artist is willing to discuss and make minor edits (ex. adjusting colours), up to a maximum of two (2) times after correspondence. Any desired major revisions (ex. reposing, colour scheme change, etc.) will be rejected.
    2. The only major revisions permitted are details that the Artist may have missed and was specified by the Client in the order form/ correspondence while the commission was still in the sketching/ lineart stage (ex. missing tattoo that's essential to the character's design).

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Section 7 - Commission Process

The following is a sample of the Artist's commission process:

  1. The Client fill up the form, linked by the Artist. (Optional: An e-mail could be required for the Artist to get in contact with the Client.) The Client's e-mail will remain private and will not be shared.
  2. The Artist contacts the Client via e-mail within 72 hours after the Client has sent the order form, confirming the acceptance or rejection of the commission. Upon acceptance, the final price and details of the commission is confirmed.
  3. The Client will receive a W.I.P(Work in progress)consists a rough sketch (resized and watermarked) of the commission. Any and all major revisions must be done at this stage.
  4. The Client will be added to the Waiting List.
  5. Upon completion of the commission, the Client will receive the commission file via e-mail or private message in any site. Only minor changes (ex. brightness, colour adjustments, etc.) can be made at this point. Any and all major revisions (ex. reposing, colour scheme change, etc.) will be rejected.
  6. If permitted, the Artist posts a resized and watermarked version of the commission on social media.

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Section 8 - Personal and Commercial Use

  • What is Personal Use?: Personal use are projects that doesn't get revenue and won't generate any kind of profit.
    • Clients who choose "Personal use" will receive a watermarked version of that commission and they're not allowed to remove or edit the watermark.
  • What is Commercial Use?: Commercial use are projects that generates any kind of profit.
    • Ex. Stickers, buttons, pillows, pins,published stories, webcomics or any kind of merch etc.
    • Note: Assets feature in any ad-supported sites like banners/Thumbnails/Avatars/Art featured in videos etc. are considered commercial.
    • Clients who choose "Commercial use" will receive an unwatermarked version of that commission and may request to have the .sai/.psd version of the file/s.
    • "A discount may be given to those who will order commissions from the artist of MORE THAN 3" This applies for both Personal and Commercial Commissions"

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