Terms of Service - 9/1/2021

Posted 2 years, 7 months ago by Babbage

Terms of Service - 9/1/2021

By requesting or commissioning my services and receiving my work, you agree to the following terms. If you do not commission me, you hold no rights to any of my work with the exception of buying the rights along with a commissioner's character. Do not repost or otherwise use my work if you are not the commissioner or current character owner.

If you aren't the commissioner or current character owner, please directly link to or retweet/reblog/boost my work if you wish to share it.

1. Payments, refunds, and chargebacks
1.1. I currently accept Paypal as my only cash payment method.
1.2. The commissioner may request a refund at any time, except for when I have completed the work.
1.2.1. The commissioner may only receive a full refund if I have not already begun work.
1.2.2. A partial refund will be issued if I have begun the work, but not finished it. This amount will scale according to how much I have completed.
1.3. If the commissioner issues a chargeback after the work is partially done or completed and will not cooperate with myself, they will be put on a blacklist and I will post a beware regarding the situation.
1.4. I reserve the right to refund the commissioner at any time, for any reason.
1.4.1. In the event that the work is partially done, I will issue a partial refund that scales with how much I have completed.
1.5. In the event that I issue a partial refund, the commissioner is allowed to use the unfinished work that I have made.

2. Trades
2.1. In addition to or in lieu of cash payment, a commissioner may offer me their own art creation services, a pre-existing character, or some other agreed upon object or service of value.
2.2. In the event that you request or I issue you a refund in relation to an art or character trade, I will return your trade payment and will relinquish any right to use it.
2.2.1. If you have received any of my work, you will return it (if applicable) and relinquish any right to use it.
2.3. If what was traded cannot be returned, the trade cannot be reversed or refunded.
2.4. I do not offer refunds or returns after the trade has been fully completed.

3. Usage rights
3.1. I will always hold the copyright to my artwork.
3.1.1. I am allowed to post and show my work online.
3.1.1.1. You may ask to be anonymous when I post it.
3.1.2. If I desire to sell prints of my work, I will request the commissioner's written permission to do so. I will not produce prints if I do not receive an answer or if my request is denied.
3.2. By default, the commissioner is only allowed to use my work for non-commercial purposes.
3.2.1. This means you can't sell merchandise with my work printed on it, sell prints of my work, use it as a reward for a subscription service, or anything that you make money off of.
3.2.2. If my work displays one or more of the commissioner's characters, they are allowed to sell or trade it alongside the character. You are not allowed to value the work higher than it was commissioned for.
3.2.3. If I agree to it, you are allowed to use my work for commercial purposes.
3.2.3.1. I will require a small fee for each item sold or a larger fee up front in exchange for a permanent license if you use my work for commercial purposes.
3.2.3.2. I will not sell any licenses or allow my work to be used for commercial purposes by anyone other than the commissioner or myself.
3.3. If you post my work online, you must link back to my personal site (https://babbage.carrd.co/) somewhere on the page that you post it on.
3.4. You may not edit my work without my permission.
3.4.1. Resizing the work or changing the file extension (from .png to .jpg, for example) are the only exceptions to this rule.
3.5. You may not remove my signature from my work.
3.6. You may not claim that you made my work.

4. The commission process
4.1. Upon payment, you are added to my queue. I will begin to work on your commission once I have reached your place in the queue.
4.1.1. I will bump you up in the queue at my own discretion. Asking to be bumped up higher will only lead to me cancelling your commission or placing you lower.
4.2. After I have completed the work's sketch, I will send it to you for review. I will also send the final work to you for approval.
4.2.1. You are allowed to request three large edits at the sketch/blocking stage, three small edits after I have finished the work. No more than that, and no do-overs.
4.3. I work best with little pressure. Though I may occasionally be able to finish art the same day it is requested or commissioned, this is rarely the case. I am very slow in getting my work done. Do not message me every day about completing your commission or request. A check-in once every week is acceptable.
4.3.1. I do not hold deadlines for requests, and I do not guarantee that they will be finished at any point. If you are uncomfortable with this, do not request art from me.
4.3.2. I have a deadline of three months for commissions, starting from the day they reach the top of my queue. You will be notified when your commission reaches the top of the queue.
4.3.2.1. If I need additional time to complete your commission, I will notify you.

5. Other
5.1. This terms of service comes into effect on September 1st, 2021.
5.1.1. If you have commissioned me prior to this date, you may either use the ToS that was in effect at that time or upgrade to this one.
5.1.1.1. For reference: 9/21/2019 ToS, 1/19/2020 ToS, 2/11/2021 ToS.
5.2. I reserve the right to deny any request, trade, or commission for any reason.
5.3. I reserve the right to issue takedowns to any user and any site hosting my work without my permission.

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