mongrel's Bulletins


mongrel's terms of service

Posted 1 year, 3 months ago by mongrel

by commissioning me in any kind of way, you are agreeing to the terms of service below. please read the terms in full. if the client infringes upon this agreement, they may be subject to being publicly blacklisted.


I. GENERAL TERMS.

please provide a clear visual reference and include any design information necessary for the commission. 

no questionable material may be commissioned, including but not limited to pedophilia, incest, bestiality, racist, anti-semitic, or xenophobic motifs, or any other harmful content to those systemically or historically oppressed.

i retain the right to deny a commission for any reason, including if the commission is too complex for me to deliver a satisfactory product. 

you may not sell the commissioned artwork for more than 100% of the original purchase price when included in a sale.

payments are not accepted from people under 18 years old.


II. PAYMENT

payment is accepted through paypal, venmo, or ko-fi. payment through platforms that do not offer payment protection for the seller or client are not considered. 

payment is to be sent upon approval of the sketch process. this will be a 100% payment and will not be refundable at this point unless there is an extenuating circumstance which must be discussed.

do not send payment until the entire terms of service is read through and all terms are agreed upon by the client.

on applicable payment platforms, an invoice will be sent to request payment. 

do not send payment as "friends and family".


III. PROCESS

the client must read the terms of service in full and sign an agreement document using either their full legal name or their email and username used on the platform that will be used for payment. this document will detail the commission type and price, the projected turn-around time, and the terms of service. if the client's information on the document does not match the information provided on the payment platform, this commission is subject to being resigned or cancelled.  

the client will be provided a sketch in which they can approve or deny changes. the client is allowed up to three change processes for the sketch before it moves onto the final sketch process depending on client satisfaction. if the customer fails to provide appropriate feedback during this phase, this may revoke the right to a refund when changes are requested beyond this process.

once the sketch is finalized, 100% payment is required for the commissioned piece to be completed. if the client decides they no longer want to proceed with the commission, rights are retained to resell the edited version of the sketch for a profit - in which any intellectual property belonging to the client's character is removed from the sketch to be resold. 

the turn around time for a commission to be completed depends on many factors, including the type of commission, the complexity, and other extenuating circumstances such as illness, employment, or family. if your commission time exceeds what was discussed prior, the client will be notified. 

under reasonable circumstances, the client is allowed a refund as is detailed by the refund policy below.



IV. CLIENT SATISFACTION

once a commission is completed, the client is entitled to small changes due to any mistakes on the artist's behalf. this includes any coloring or marking mistakes. if your reference was unclear to begin with and/or the client request a larger change that requires the artist to have to redraw anything completely, then it may not qualify for changes to be made. 

if the client is insistent on having changes be made then a fee may be incurred in order to meet those needs. this fee will be determined by the artist on a case by case basis depending on the complexity of the commissioned piece and the work required to make the commission satisfactory. the artist reserves the right to decline making any of these changes, and the client may or may not be provided a refund depending on the circumstance as detailed in the refund policy below. 


V. COPYRIGHT / USAGE POLICY


the artist reserves the rights to the produced artwork to promote and display. clients are allowed to use the commissioned artwork for personal use, unless commercial use is agreed upon. proper artist credit must be provided by the client whether used for personal or commercial use. 

if these terms are infringed upon, the artist reserves the right to bar the client from any future commissions or use of any other intellectual property created by the artist and may be subject to the retraction of using the commissioned piece in question.

copyright infringement is defined as reproducing or using the copyrighted artwork commercially - or using the commissioned artwork for profit - or taking credit for the creation of the commissioned piece, removing any signatures or watermarks, or altering the artwork without approval from the artist.

purchasing commercial rights to the commission is 300% of the original purchase price. commercial rights provide the client to produce merchandise, marketing material, or other brand promotion. proper credits to the artist is still required for the use of commercial artwork, including if the artwork is altered or edited. 

any private commissions are subject to additional fees that are discussed with the client before the commission process begins.


VI. CANCELING/REFUNDING POLICY

the artist reserves the right to cancel and refund 100% of the purchase price for a commission at any time, for any circumstance. 

if the artist has not yet received payment for a commission, the client reserves the right to cancel the commission and therefore revoke the rights to any artwork produced by the artist for that commission and that artwork may be resold by the artist under their discretion.

if the client has paid for the commission after the final sketch approval and requests a refund before the final product has been delivered, the client may be entitled to a partial refund depending on the amount of work completed by the artist. this partial refund amount will be determined by the artist after evaluating the amount of work that has already been dedicated to the commission and the amount of work remaining to complete the commission.
if the final product has been delivered to the client and the client requests a refund, the client is not entitled to a refund unless a reasonable circumstance occurs. in the case of a reasonable circumstance, a client will be entitled to a partial refund. 

in the event of any refund, the artist retains the rights to repurpose or resell any of the produced artwork excluding any intellectual property belonging to the original client. this may or may not be discussed with the client during the refund process.

if a physical product is commissioned, the client is subject to the same refund policy with the responsibility of paying for any shipping costs necessary to return the product. depending on the circumstance and condition of the physical product, a refund may only be provided upon shipping the product back to the artist for further inspection. if the customer is not entitled to a refund for the physical item, the item will be shipped back to the client upon customer approval. in the case of a declined refund, the artist may cover return shipping up to 10% of the original purchase price. in this case, any other return shipping costs must be covered by the client.

reasonable circumstances that allow a refund to the client once a commission is completed includes, but may not be limited to: 

  • the artist not providing sufficient updates agreed upon during the sketching phase. 
  • the artist exceeds the provided turn around time outside of extenuating circumstances, in which the artist is to notify the client of any extenuating circumstances occurring that delay the production of artwork and provide updates on the new projected completion time (if applicable). 
  • if the artist has misinterpreted the visual reference or design information that was provided at the beginning of the commission process and is unable to make reasonable alterations.
  • if the commissioned artwork is not at the same standard of other equivalent artwork by the artist. 
the client is not entitled to file a chargeback unless a reasonable circumstance has been met and the artist has declined the refund. once a chargeback occurs, the artist reserves the right to blacklist any individual involved. the artist reserves the right to notify the client that the past due account and any incurred fees (such as chargeback fees) will be sent to a collection agency if not paid in three weeks.