TOS

Terms of Service for Art Commissions

Contact

Contact between the client and the artist must be through; Instagram, discord. Only through personal DMs and not through the comments. When asking for a commission, please specify in the first message what you're looking to receive. as stated in the order form at my commissions page.

Status

My commission status is displayed on my front toyhouse profile. If it is not displayed in said areas, still just contact the artist how you normally would (EX: dms or in commissions comments), and wait for a response. The artist will explain if their commissions are currently available or closed.

Agreement and Acceptance

By commissioning artwork, you hereby accept and agree to these Terms of Service ("Agreement") as outlined below. This Agreement constitutes a legally binding agreement between you ("Client") and [NixzArtz] ("Artist").

 By commissioning NixzArtz, you also agree that there will be NO USE of AI permitted. This includes uploading any of my works to AI, letting AI view my work, Importing anything made by me to AI or through AI.

Commission Requests

a. Client must provide detailed specifications regarding the desired artwork, including theme, size, requested additions, and any reference materials. If these are not specified and you do not get what you want, some changes can still be made but any major changes will cost extra.

b. Artist will provide an estimated timeline for completion based on the specifications provided by the Client. The Artist will also ask the Client if they would like updates of the artwork.

c. Client acknowledges that any additional revisions or edits requested after the initial agreement may result in additional charges or an extended timeline. Depending on said additions.

Payment

a. Client agrees to remit a predetermined deposit or full payment before work commences, as agreed upon by both parties. Meaning they know the price they will be paying, and are aware when they will be paying.

b. Payments must be made via the specified payment method (Cashapp within the USA) or in the currency indicated by the Artist.

c. Once the artwork is completed, the remaining payment balance must be settled before the delivery or release of the commissioned artwork. Meaning the payment must have already been sent once the flat colors or sketch were completed.

d. once the commission is started, the commission can still be canceled. However, if you cancel the commission once the Artist has already finished the sketch or anything past it, you will be breaking my TOS and put on a public warning list.

Timing

a. Commissions won't necessarily be worked on in a first-come first-serve schedule. The commission-schedule depends on the complexity of the commission and the contact between Artist and Client.

b. Though when worked on in a first come first served manner, the other commissions are seen as on hold for the Artist.

c. If a Client has to put the commission on a hold for any known reason, any other commissions for that client will also be put on hold if other clients are waiting.

d. If commission is stated as on hold by the Artist with given reason, you have the ability to cancel. 

Artwork Ownership and Copyright

a. The Artist retains full ownership and copyright of the commissioned artwork, unless otherwise agreed upon in writing.

b. Artist maintains the right to display the commissioned artwork in their portfolio, social media, and for promotional purposes, unless otherwise agreed upon in writing. The Oc drawn in the artwork will be credited to your discord username or toyhouse user when the commission is finished.

Delivery

a. Artist will deliver the commissioned artwork in the agreed-upon format (e.g., digital file, physical print). You can request other formats aswell (png, jpeg, webp)

b. If the commissioned artwork includes physical materials, shipping and handling fees will be borne by the Client and may be included in the initial quote or charged separately.

Revisions and Alterations

a. Client understands that minor modifications and adjustments can be made at no additional cost during the creation process, subject to the Artist's discretion. When the WIP is shown, that is when you request any additions and changes.

b. Major revisions or alterations that deviate from the initial agreed-upon specifications may incur additional charges and extend the timeline. EX; suddenly wanting to change the pose or OC halfway through.

c. Alterations or edits to the commissioned artwork after delivery may be subject to additional fees, at the Artist's discretion.

d. alterations to the art is strictly prohibited to be made by the client rather than the artist. this means no changing my art in any shape or form, no adding, no removing things, no coloring in sketches, no using AI, no changes to my art.

Cancellation and Refunds

a. Clients may request cancellation only before the finished sketch process. Refunds are not available. Once payment is sent, the commission will be continued until finished and the money will be transferred to savings.

Dispute Resolution

a. In the event of any dispute arising from this Agreement, both parties agree to attempt in good faith to resolve the dispute through negotiation and mediation before resorting to more major proceedings. 

Limitation of Liability

a. Under no circumstances shall the Artist be liable for any indirect, consequential, special, or punitive damages arising out of or in connection with the commissioned artwork.

b. Limits may include those of Do’s and Don'ts as listed prior by the artist.

Commercial use

a. The client may post the art made of their character, or an adopt, as long as they fully credit the artist. This includes tagging said artist when their tag is available. EX: character/art made by NixzArtz. If tag is unavailable, simply state just the artist's username or even link the artist (most appreciated).

b. Design rules; 

1. Don't sell for more than they were bought unless the addition of BOUGHT art (keep the original value also stated)
2.  Keep the additional adds of prices accurate to the cost of the art of the character. If you received art of the oc for free, no value was added despite the addition of art.
3. you can redesign characters you own that where designed by me but don't make them unrecognizable to the original design. + you must keep me credited as the designer because I was the original creator of the character.
4. don't claim the design as your own even after redesign. And do not whitewash my designs.
5. Do not take a character you got, make a redesign or based off the original design, then claim it as your own. If it has any drawn origin to the original design and is not a completely original work, then I still have deisgn rights.
6. When asked by someone if you made the character, even if you redesigned it, state that I was the original creator of the character.
7. If traded or sold, the artist MUST be notified of the transaction.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles.

Entire Agreement

These Terms of Service, along with any additional written agreements, constitute the entire agreement between the Client and Artist and supersedes any prior understanding or representations.

By commissioning artwork, you acknowledge that you have read, understood, and agreed to abide by these Terms of Service. If disagreed, you may not commission NixzArtz.