RoxxyRogue's Commission TOS

Posted 1 year, 4 months ago by RoxxyRogue

By ordering a commission from me, user RoxxyRogue ("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 FEBRUARY 5TH, 2023.

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 8 - Commercial Use Rights

Section 1.1 - Will Draw

The Artist is willing to draw any of the following:

  1. Human(oid) | Kemonomimi | Anthro | Robotic/Mecha* | Feral *
    (*Feral and robotic characters may be rejected depending on design clarity)
  2. Original Characters and/ or Fan Characters
  3. Sonas
  4. Fanart
  5. Pin-up/ Nudity
  6. Gore
    (Ex. Excessive blood, detached limbs, etc.)
  7. Sexual Content
  8. Characters of any ethnicity, body type, age, or visible faith/
  9. 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
  10. Any Kink/Fetish content listed under Section 1.1 - 11:
  11. Bondage, Sado-masochism, Blood and Guts/Intense Gore, Medical Themes, Trypophobia, Body Horror, (Light) Watersports, Breeding, Tentacles, Fetish-wear like harnesses and latex & leather, Smoking (vaping, weed, and cigarettes), Candy Gore, Pet-play, Lactation, Dom/Sub dynamics, Micro/Macro, Exhibitionism, Pony-play, Orgasm Denial, Body worship, Breeding, Pregnancy, 

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Section 1.2 - Will Not Draw

The Artist will not draw any of the following:

  1. Feral characters in sexual scenarios or poses
  2. Sexualized underage characters (in actual age or appearance)
  3. Real people in a non representational form, such as a Sona or an actor playing a character. This includes photos of The Client, The Client's friends, and celebrities not representing a character. (ex. The Artist will draw Jim Carrey playing Dr. Eggman, but will NOT draw Jim Carrey the celebrity.)
  4. Pedophilic relations
  5. Incestuous relations
  6. Certain kinks/ fetishes (ex. DDLG, Extreme Proportions, Diapers) not listed under Section 1.1 - 11; the Client is asked to confirm with the Artist beforehand if an unlisted 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 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 (Tumblr, Twitter, DeviantArt, Toyhou.se, Instagram, etc.) unless explicitly specified by the Client beforehand not to do so.
  5. Payment is to be made after the Client has approved the sketch. The commission will be on an "on hold" status until payment has been received.
  6. The Artist will charge additional fees for extreme deadlines/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. NSFW commissions may only be ordered by a Client 18 years of age or older. If the Artist has any reason to suspect the Client is underage while asking for an NSFW commission, the commission will be automatically rejected/ cancelled.
  9. The Client may contact the Artist at any time to ask for a progress check on the commission, but no more than once a week. The Client is encouraged to contact the Artist via social media (Twitter, Toyhou.se, ect.) if the Client is unable to reach the Artist via e-mail.

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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 with credit to The Artist (RoxxyRogue)
  3. The Client may not use a commission purchased under personal/ non-commercial use rights for any commercial uses.
    (Please see Section 8 - Commercial Rights for more information on cancellations.)
  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).
  6. The Client may not willingly or knowingly use the purchased images in any form of AI training. 

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Section 4 - Delivery/ Turnaround

  1. All commissions will be done digitally. There will be no hard copies, and therefor no shipping required, unless explicitly stated otherwise.
  2. All commissions will be done in a style either requested by The Client or that which fits the character's design best as decided by The Artist.
  3. All commissions will be .PNG unless specified otherwise. Exceptions may be made, depending on the commission.
  4. The Client may ask for a specific canvas size for the commission.
    1. Commissions with a canvas size larger than 3000px will have an additional charge.
    2. Commissions with a canvas size smaller than 1000px  may result in losses to detail/ and or quality.
  5. All commissions will be sent via e-mail or the preferred method of The Client's choice with the completed commission .PNG file attached. The Artist is not responsible for loss of image quality as a result of The Client's choice of method, but The Client may request the image be resent via a different method. 
  6. Unless explicitly specified not to upload the commission to public platforms, all commissions can be posted on the Artist's social media for marketing purposes.
    1. Commissions will only 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.
  7. Depending on the desired style and queue, the estimated turnaround is about one (2) weeks to two (2) 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 to be made after the Client has approved the sketch. The Client is not to send payment upfront.
  2. Payment is to be made via PayPal, unless a trade for goods/ services was explicitly agreed upon prior.
  3. PayPal payment is to be done in USD (United States Dollars).
  4. PayPal payment is be done using invoices. The Artist will require the Client's PayPal e-mail.
  5. Under no circumstances does The Client need to pay extra for PayPal fees.
  6. 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 will receive a partial refund, depending on how much of the commission has been finished:
    1. 55% refunded if in the lineart stage
    2. 30% refunded if in the base colours stage
    3. 15% refunded if in the shading stage/ final touches
    4. The Client will not receive any files of the commission.
  2. 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.
  3. Refunds will be given within 72 hours after correspondence.
  4. 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 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 gets in contact with The Artist on one of The Artist's social media platforms such as Toyhouse, Twitter, Furaffinity, ect.
  2. The Artist and The Client will discuss the terms of the Commission such as posing, theme, type of commission, ect. and upon acceptance of the concept, the final price and details of the commission is confirmed.
  3. The Client will receive a rough sketch of the commission. Any and all major revisions must be done at this stage.
  4. The Client approves the sketch. Payment is to be made via PayPal Invoice.
  5. Upon confirmation that the payment has been received, the Artist will work on and finalize the commission.
  6. Upon completion of the commission, the Client will receive the commission file via e-mail or the communication method of their choice. 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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Section 8 - Commercial Rights

  1. Commissions with Commercial Use Rights will be charged more than personal/ non-commercial commissions. Prices are negotiable but must be at the minimum 15 percent of the original price estimate.
  2. Commercial Use of an any Images made by The Artist fall under the same set of rules as Personal Use Images. The purchase of Commercial Use Rights for The Artist's work do not exempt The Client from any of the terms regarding The Artist's ability to share/ market the purchased artwork. 
  3. Commercial Use Rights will be purchased as a flat fee in addition to the original price estimate, unless a written contract for royalties to be paid to The Artist is made.
    1. Any royalty contracts must have an explicitly stated period of time/ circumstances, and estimated price per use.
    2. If a royalty contract is in effect, The Client will still be charged an additional flat fee for commercial rights, but said fee will be reduced to a 10 percent minimum of the original price estimate.
  4. The Client does not need to give credit to The Artist every time the images are used, but must have an accessible credit to the artist linked somewhere on their socials/ platform where the images will be used.
  5. Commercial Use Rights will not be revoked under the circumstance that The Client is blacklisted, but any royalties must still be paid and no additional artwork may be purchased, edited, ect. from The Artist.

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