『 T.o.S 』

PenguinB0mb

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Created
2 years, 1 month ago
Creator
PenguinB0mb
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Rules Commissions TOS Services Terms of Service

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By ordering a commission from me, user @PenguinB0mb ("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. Please note that these Terms of Service may be subject to change without prior notice.

These Terms of Service are in effect as of MONTH 03, 2022.

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 1.1 - Will Draw

The Artist is willing to draw any of the following:

  1. Human(oid)
  2. Skeletons (Undertale)
  3. Original Characters and/ or Fan Characters
  4. Sonas
  5. Fanart
  6. Animals/Feral
  7. 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. Sexual Content
  2. Gore
    (Ex. Blood, detached limbs, detailed internal body parts, etc.)
  3. Mecha
  4. Real life people

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Section 2 - General

  1. The Artist has a right to refuse the commission for whatever reason, with or without explanation.
  2. The Artist has a right to cancel the commission for whatever reason, with or without explanation.
    (Please see Section 6 - Refunds for more information on cancellations.)
  3. The Client has a right to cancel the commission for whatever reason, with or without explanation.
    (Please see Section 6 - Refunds for more information on cancellations.)
  4. The Artist has a right to upload the commission on any/ all social media (DeviantArt, Toyhou.se) unless specified by the Client beforehand to keep the commission private.
  5. Payment is made with a deposit of half the amount upfront, and then the other half after the client's approval of the sketch. The sketch will be resized and watermarked. The commission will be on an "on hold" status until full payment has been received.
  6. The Artist will not work with deadlines or rush orders.
  7. The Artist does not work on a "first come first serve" basis. Smaller commissions/ commissions that do not take much time may be worked on in between larger commissions/ commissions requiring more time.
  8. The Client may contact the Artist at any time to ask for a progress check on the commission, but no more than once every two weeks. The Client is encouraged to contact the Artist via social media (DeviantArt, Toyhou.se) if the Client is unable to reach the Artist via messages.

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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 may use/ reupload the commission for personal/ non-commercial use, but only if proper credit to the Artist (@PenguinB0mb) and a linkback to any of the Artist's social media (DeviantArt, Toyhou.se) 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.
  3. 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 negoatiable.
    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.
  4. 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.
  5. 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.
    2. The Client is paying for a service/ digital good and will not require any shipping of any kind.
  2. All commissions will be sent via e-mail with the completed commission file attached.
  3. Unless specified not to upload the commission to the public, all commissions will be posted on the Artist's social media, with signature watermarks.
    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.
  4. Depending on the desired style and queue, the estimated turnaround is about one (1) week to two (two) months at the latest.
    1. If the Artist has to take longer than two (2) months to complete the commission for whatever reason, the Client will be contacted and informed of the status of his/ her/ their commission.

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Section 5 - Payment

  1. Payment is made with a deposit of half the amount upfront, and then the other half after the client's approval of the sketch.
  2. Payment is to be made via PayPal only.
  3. PayPal payment is to be done in USD (United States Dollars).
  4. The Client does not need to pay extra for any of the PayPal fees.
  5. Payment must be sent within 72 hours after confirmation.

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Section 6 - Refunds

  1. If the Client cancels his/ her/ their commission for whatever reason, the Client can receive a refund of their initial deposit so long as it is within 24 hours of receiving payment.
  2. If the Client cancels his/ her/ their commission for whatever reason, they will not receive their intial deposit if they cancel after the 24 hour grace period, for work will likely have already been started. HOWEVER, if canceling is due to a matter of payment issues (i.e. a lack of funds), a commission can be put on hold instead. The time alloted is to be discussed between the artist and the client, but it must be reasonable.
  3. If the Artist cancels the commission for whatever reason, the Client will receive a full refund.
  4. Refunds will be given within 72 hours after correspondence.
  5. 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 orders a form using PMs.
  2. The Artist contacts the Client via message 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 approves of the price and the details. The first half of the payment is to be made.
  4. The Client will receive a rough sketch (resized and watermarked) of the commission. Any and all major revisions must be done at this stage.
  5. The Client approves the sketch. The second half of the payment is to be made.
  6. Upon confirmation that the payment has been received, the Artist will work on and finalize the commission.
  7. Progress will be shared with the Client in stages of: line art, flat color, shaded, then final, with each stage being approved of by the Client before work on the commission continues.
  8. Upon completion of the commission, the Client will receive the commission file via e-mail. 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.
  9. If permitted, the Artist posts a watermarked version of the commission on social media.

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