bamhobakk's Bulletins

Commission TOS

Posted 4 years, 10 months ago by bamhobakk

Forum post | DeviantArt journal | DeviantArt TOS journal

By ordering a commission from me, user  bamhobakk ("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 June 08, 2020.

Jump to:
Section 1.1 - Will Draw
Section 1.2 - Will Not Draw
Section 2 - General
Section 3 - Image Rights
Section 3.1 - Non-Commercial Usage
Section 3.2 - Stream / Doujin-Commercial Usage
Section 3.3 - Commercial Usage
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) | Kemonomimi
  2. Original Characters and/ or Fan Characters
  3. Sonas
  4. Real life people* (*only if expressed written permission of the subject in question is provided)
  5. Fanart
  6. Ship art up to R-15 | Pin-up | R-18 sexuality/ nudity with censor
  7. Light Gore (Ex. Excessive blood, detached limbs, etc.)
  8. Implied Sexual Content
  9. Characters in appearance of any age ranges
  10. Any couple type of any sexuality and gender
    This includes but is not limited to:
    • Canon x Canon
    • Canon x OC
    • OC x OC
    • Male x Female
    • Male x Male
    • Female x Female

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Section 1.2 - Will Not Draw

The Artist will not draw any of the following:

  1. Anthro | Feral
  2. Genital Exposure
  3. Heavy gore
  4. Mecha
  5. Sexualized underage characters (in actual age and appearance) | Depiction of pedophilic relationship
  6. Hate related contents
  7. Certain kinks/ fetishes (ex. watersports, DDLG...); the Client is asked to confirm with the Artist beforehand whether a certain kink/ fetish is acceptable.

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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 Artist has a right to upload the commission on any/ all social media (Twitter, DeviantArt, Toyhou.se, Instagram, etc.) unless specified by the Client beforehand to keep the commission private.
  4. Payment is to be made before the Artist has sent the sketch. The sketch will be resized and watermarked. The commission will be on an "on hold" status until payment has been received.
  5. The Artist will not work with deadlines or rush orders.
  6. The Artist does not work on a "first come first serve" basis. Smaller commission(s) that do not take much time may be worked on in between larger commission(s) requiring more time.
  7. NSFW commissions may only be ordered by a Client 18 years of age or older. If the Artist figures out Client is underage while asking for an NSFW commission, the commission will be automatically rejected/ cancelled, in addition to a public service announcement being made.
  8. In any case, NSFW commissions will be censored, including the original files that are to be sent to the Client.
  9. 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.(Twitter, Instagram) Among these, Instagram and Twitter is recommended.

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Section 3 - Image Rights

  1. This section introduces rights and duties reserved for Clients which is general in any cases of non-commercial/doujin commercial and stream/commercial usage.
  2. The Client may use/ reupload the commission for respective usage which they have purchased rights of, but only if proper credit to the Artist (bamhobakk) and a linkback to one among the Artist's social media (Twitter, DeviantArt, Toyhou.se, Instagram, Twitch, Youtube, Pixiv, Tumblr, Artfol) is provided.
    • If the commission includes characters that do not belong the Client, providing additional credit to the owner(s)/ creator(s) of said characters is recommended when using/ reuploading.
  3. 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.
  4. 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 3.1 - Non-Commercial Usage

  1. Non-commercial usage refers
    • Keeping the image in private storage
    • Using the image for profile/ background of personal SNS account and/ or electronic devices
    • Making minor edits to the completed commission (ex. Cropping, Adding text/ borders, Changing Brightness/ Contrast/ Hue/ Saturation...)
    • Making printed goods of the arts, which purpose is only to keep and/or gift for the Client and/ or the pictured character’s owner(s)
    • Cover/ Poster and/ or page illustration of publications, album(music and/ or audio drama) which are released without monetary charge
    • Using the art as reference for commissioning other artist, which purpose is limited to non-commercial or doujin-commercial
    • Character design which is to be used on purposes limited above 6 bullets
  2. The Client may use/ reupload the commission for personal/ non-commercial use, but only if proper credit to the Artist (bamhobakk) and a linkback to any of the Artist's social media mentioned on Section 3 is provided.
  3. The Client may not use the commission for other use unless discussed with the Artist beforehand.

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Section 3.2 - STREAM / DOUJIN-commercial Usage

  1. Stream usage refers
    • Profile/ Channel image, video thumbnail, still image represented in video with minor edits including video effects used for independent streaming/broadcasting based on web such as Youtube, Twitch, NicoNico Video
    • Profile and/ or background image of the streamer’s official SNS account
    • Character design which is to be used on purposes mentioned above 2 bullets
  2. Doujin commercial usage refers
    • (fan)zines and/ or merch which is made to sell on doujin/amateur conventions exclusively
  3. The Client may claim any rights reserved for non-commercial usage.
  4. The Client may use/ reupload the commission for said stream use, but only if proper credit to the Artist (bamhobakk) and a linkback to any of the Artist's social media mentioned on Section 3 is provided.
  5. The Client may not use the commission for any commercial use unless discussed with the Artist beforehand.

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Section 3.3 - Commercial Usage

  1. Commercial usage refers
    • Merch which is made to sell as full commercial purpose
    • Cover/ Poster and/ or page illustration of publication with monetary charge(hard copy, ebook, paid web series), album(music and/ or audio drama)
    • Advertisement of a corporation/ business
    • Official stream/ SNS account of a corporation/ business
    • Character design which is to be used on purposes mentioned above 4 bullets
  2. If a Client is willng to order a commercial commission, written contracts about specifications must be provided. The Client and Artist may negotiate about the each article of the contract.
  3. The Client may claim any rights reserved for non-commercial and/ or stream / doujin-commercial usage.
  4. The Client may use/ reupload the commission for commercial use, but only if proper credit to the Artist (bamhobakk) and a linkback to any of the Artist's social media mentioned on Section 3 is provided.
  5. The Client may use the commission for profit by redistribution of the bought artwork such as merchandises, heavily editing one on client's preferences, promoting project/brand/works/etc.
    • If the commission includes characters who do not belong to 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.

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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 done in an anime/ manga style or as sampled in the style ordered.
  3. All commissions will be non-transparent .PNG with dimensions ranging from 1000px - 3000px+ at 300DPI, unless specified otherwise. Exceptions may be made, depending on the commission.
  4. The Client may ask for a specific canvas size for the commission.
  5. 2 versions of image are delivered. The second version; 'unwatermarked' image is exclusive for the Client only. This means if the Client uploads the commissions on public websites/ cloud services that can be viewed by 1 or more people, the image used is to be the first version in any cases of non-commercial use.
    1. Watermarked with Artist signature
    2. Without watermark, with Artist signature
  6. Clients commissioning for stream or commercial use may ask for use of unwatermarked image in advance, with reason for need of the version.
  7. Unless specified not to upload the commission to the public, all commissions will be posted on the Artist's social media watermarked.
    • Resized/ Watermarked commissions will be posted on the Artist's social media after the Client has received and approved the original and unwatermarked commission file.
    • The Client may choose to remain anonymous when the Artist publicly uploads the commission.
  8. The maximum turnaround is 30 days.
    • If the Artist has to take longer than 30 days to complete the commission for whatever reason, the Client will be contacted and informed of the status of one's commission at 23~24th day since order.

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Section 5 - Payment

  1. Payment is to be made upfront than starting sketch of the order.
  2. Payment is to be made via PayPal USD or KRW remittance only.
  3. PayPal payment is be done using invoices. The Artist will require the Client's PayPal email.
  4. The Client does not need to pay extra for any of the PayPal fees.
  5. KRW remittance is to be done using Korean bank services. The Artist does not require this option unless the Client specifies that they are equipped with bank account having South Korean currency, and the account is eligible for remittance.
  6. Payment must be sent within 72 hours after Artist's acceptance of commission order.

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Section 6 - Refunds

  1. 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.
  2. Refunds will be given within 72 hours after correspondence.
  3. 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, lineart brush change, recolour, 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 original request while the commission was still in the sketch/ 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 contacts the Artist with private message using any of the following social media. (Twitter, Instagram)
    • If Pixiv request is used for commissioning, there is a field that a Client can write order form. Process after filing a request follows Pixiv request rules In this case. Refer Pixiv request for detailed information.
  2. The Artist replies within 72 hours after the Client has sent the order, confirming the acceptance or rejection of the commission. Upon acceptance, the final price and details of the commission is confirmed.
  3. The Client sends one's PayPal email then pay the invoice sent to their account.
  4. Upon confirmation that the payment has been received, the Artist will start working on the commission.
  5. The Client will receive a rough sketch (resized and watermarked) of the commission. Any and all major revisions must be done at this stage.
  6. The Client approves the sketch or request change. The Artist proceeds to completion and sends the final thumbnail (resized and watermarked) of the commission.
  7. Upon completion of the commission, the Client will receive the commission file via one way the Client has selected. Only minor changes (ex. brightness, colour adjustments, etc.) can be made at this point. Any and all major revisions (ex. reposing, lineart brush change, etc.) will be rejected.
  8. If permitted, the Artist posts a watermarked version of the commission on social media.

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