[T.O.S]

Akemie

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Created
1 month, 17 days ago
Creator
Akemie
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1

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T.O.S

By ordering a commission from me, user Akemie ("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 March 10th, 2024.

Do

You are allowed to do the following things with characters/artworks you bought from me:

  • Use the artwork with credits on any website.
  • Do edits to the overall design.
  • Change name, gender, story, species.
  • Redesign - but please leave the design credits as they are.
  • Trade, sell, gift the character away.

Don't

You are NOT allowed to do the following things with characters/artworks you bought from me:

  • Resell the character for a higher price (unless you've bought extra art).
  • Change the credits.
  • Remove the signature.
  • Steal/copy my work.
  • Edit my artworks (color changes are okay, but please state it somewhere).

General

  • The Artist has the right to refuse the commission for whatever reason, with or without explanation.
  • The Artist has the right to cancel the commission for whatever reason, with or without explanation.
    (Please see Section Refunds for more information on cancellations.)
  • The Artist has a right to upload the commission on any/ all social media (Tumblr, Twitter, DeviantArt, Toyhou.se, Instagram, etc.) unless specified by the Client beforehand to keep the commission private.
  • Payment is to be made after the Artist has approved the commission form. The Artist will message the Client with payment information. The commission will be on an "on hold" status until payment has been received.
  • The Artist will not work with deadlines or rush orders.
  • 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.
  • 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 (Tumblr, Twitter, DeviantArt, Toyhou.se, Instagram) if the Client is unable to reach the Artist via e-mail.

IMAGE RIGHTS

  • The Client may make minor edits to the completed commission (ex. Cropping, Adding text/ borders, Changing Brightness/ Contrast/ Hue/ Saturation...).
  • The Client may use/ reupload the commission for personal/ non-commercial use, but only if proper credit to the Artist (Akemie) and a linkback to any of the Artist's social media (Tumblr, Twitter, DeviantArt, Toyhou.se, Instagram) is provided.
  • The Client may not use the commission for any commercial use unless discussed with the Artist beforehand. Commissions for commercial use will be charged more than personal/ non-commercial commissions. Prices are negoatiable. 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.
  • 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.
  • The Artist does not claim ownership to any of the characters/ subjects portrayed in the commission. Characters belong to their respective creator(s).

DELIVERY/ TURNAROUND

  • All commissions will be done digitally. There will be no hard copies. The Client is paying for a service/ digital good and will not require any shipping of any kind.
  • All commissions will be done in an anime/ manga style or as sampled in the style ordered.
  • All commissions will be .PNG with dimensions ranging from 1000px - 3000px+ at 300DPI, unless specified otherwise. Exceptions may be made, depending on the commission.
  • All commissions will be sent via private message with the completed commission .PNG file attached.
  • Depending on the desired style and queue, the estimated turnaround is about one (1) week to four (4) weeks at the latest. If the Artist has to take longer than four (4) weeks to complete the commission for whatever reason, the Client will be contacted and informed of the status of his/ her/ their commission.

payment

  • Payment is to be made after the Artist has approved the commission form.
  • Payment is to be made via PayPal only.
  • PayPal payment is to be done in USD or Euro (latter preferred).
  • The Artist will message the Client with their respective payment information. The Client has to send the payment to the email-adress provided in the message.
  • Payment must be sent within 72 hours after confirmation.

REFUNDS

  • If the Client cancels his/ her/ their commission for whatever reason, the Client will receive a partial refund, depending on how much of the commission has been finished: 65% refunded if in the lineart stage; 50% refunded if in the base colours stage; 30% - 20% refunded if in the shading stage/ final touches. The Client will not receive any files of the commission.
  • 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.
  • Refunds will be given within 72 hours after correspondence.
  • The Client will not be refunded if (s)he/ they are unsatisfied with the commission. 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. 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).

COMMISSION PROCESS

  • The Client orders a form using a Google Form, linked by the Artist. An e-mail is required for the Artist to get in contact with the Client. The Client's e-mail will remain private and will not be shared.
  • The Artist contacts the Client via private 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.
  • The Client will sent the payment via PayPal.
  • Upon confirmation that the payment has been received, the Artist will start and finalize the commission.
  • 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.

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