Commission TOS WIP

Posted 1 year, 9 months ago by goatlet

By ordering a commission from me, user @User ("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 03, 2021.

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 1.1 - Will Draw

The Artist is willing to draw any of the following:

  1. Human(oid) | Kemonomimi | Anthro | Feral*
    *Feral characters are okay, but not preferred!
  2. Original Characters and/ or Fan Characters
  3. Sonas
  4. Closed Species* (*most CS are okay, but ask first! Preferences include cccats, grems, & browbirds)
  5. Fanart (ASK)
  6. Light/candy Gore
  7. Characters in appearance of the following age ranges:
    1. Teenagers
    2. Young adults (18 - 35 years old)
    3. Middle-aged adults (36 - 55 years old)
  8. Any couple type of any sexuality & gender
    This includes but is not limited to:
    1. Canon x Canon
    2. Canon x OC
    3. OC x OC

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Section 1.2 - Will Not Draw

The Artist will not draw any of the following:

  1. Explicit Sexual Content
  2. Heavy gore/Death
    (Ex. Detailed internal body parts)
  3. Mecha/Detailed armor
  4. Children/Toddlers/Infants
  5. Elderly-appearing characters (56+ years old)
  6. Sexualized underage characters
  7. Pedophilic relations
  8. Incestuous relations
  9. All kinks/ fetishes (ex. watersports, DDLG...).
  10. ANY Zoo/Underage NSFW/N*zi/Homophobic/Transphobic/Racist/Etc. If you ask for any of this you will receive a block immediately!!

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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 a valid 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 (Twitter, DeviantArt, Toyhou.se, Instagram, etc.) unless specified by the Client beforehand to keep the commission private.
  5. Payment is to be made immediately. After payment is sent I will put you on my to-do list and I will update you when I start the commission.
  6. The Artist will not work with deadlines or rush orders unless offered.
  7. The Artist does not typically 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. 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, Toyhou.se, Instagram) if the Client is unable to reach at any of the previous mentioned site, for a last resort contact the Artist via e-mail ([email protected]).

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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, but only if permission is first granted (icons are fine w/o permission, but do still require credit) & proper credit is given to the Artist (s) (@User) and a linkback to any of the Artist's social media (Twitter, DeviantArt, Toyhou.se, Instagram) is provided. Uploads to amino is strictly prohibited due to high theft on the site.
    1. If the commission includes characters that do not belong the Client, additional credit to the owner(s)/ creator(s) of said characters must be provided when using/ reuploading for personal/ non-commercial use.
  3. The Client may not use the commission for any commercial use unless discussed with the Artist beforehand.
    1. Commissions for commercial use will be charged more than personal/ non-commercial commissions. Prices are negotiable.
    2. 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.
  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).

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Section 4 - Delivery/ Turnaround

  1. All commissions will be done digitally, unless stated otherwise.
    1. There will be no hard copies, unless offered.
    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 the style ordered. Style my change over time or slightly vary.
  3. All commissions will be .PNG with dimensions typically ranging from 1000px - 3000px, unless specified otherwise. Exceptions may be made, depending on the commission/style. A transparent version can be provided if offered/requested.
  4. Commissions with a canvas size larger than 3000px will have an additional charge.
All commissions will be sent from wherever the commission was ordered via a discord link with the completed commission .PNG file(s) attached. Unless specified not to upload the commission to the public, all commissions will be posted on the Artist's social media, resized and watermarked.
  1. Commissions will 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.
Depending on the desired style and queue, the estimated turnaround is about one (1) week to two (two) 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 or Ko-Fi only.
  3. PayPal payment is to be made in USD.
  4. PayPal payment can be done using invoices. The Artist will require the Client's PayPal e-mail if this is the case.
  5. The Client does not need to pay extra for any of the PayPal fees.
  6. Tips are appreciated, but not required!
  7. Payment must be sent within 48 hours after confirmation.
  8. Holds and payment plans may be accepted, please ask first!

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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. 65% refunded if in the lineart stage
    2. 50% refunded if in the base colours stage
    3. 30% - 20% 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 colors), up to a maximum of two (2) times. Any desired major revisions (ex. reposing, color 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 order form/ 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. Commissions will normally take place on twitter, toyhou.se, or instagram via DM's OR ko-fi (via commissions tab).
  2. If the Client orders using a Google Form, linked by the Artist an e-mail or social media link is required for the Artist to get in contact with the Client. The Client's e-mail/link will remain private and will not be shared.
  3. The Artist contacts the Client via e-mail 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.
  4. The Client approves the sketch. Payment is to be made (via PayPal, PyaPal Invoice, or Ko-fi Commissions Widget).
  5. Upon confirmation that the payment has been received, the Artist will begin to work on the commission.
  6. The Client will receive a rough sketch (resized and watermarked) of the commission. Any and all major revisions must be done at this stage. Icons/busts, some chibi styles, etc. typically will not receive a sketch unless asked since it makes the process faster.
  7. Upon completion of the commission, the Client will receive the commission file via DM's, or e-mail if asked. Only minor changes (ex. brightness, color adjustments, etc.) can be made at this point. Any and all major revisions (ex. reposing, color scheme change, etc.) will be rejected.
  8. The Artist posts a resized and watermarked version of the commission on social media unless otherwise asked not to.

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