Terms of Service

Posted 2 years, 11 months ago (Edited 2 years, 4 months ago) by Arlatius

By ordering a commission from me, user Arlatius ("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 17, 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*
    (*Anthros that lean heavily towards the feral side instead of human(oid) will be rejected)
  2. Original Characters and/ or Fan Characters
  3. Sonas
  4. Real life people* (*the Artist will not depict real life people in NSFW situations.)
  5. Fanart
  6. Pin-up/ Nudity
  7. Gore
  8. Body Horror
  9. Sexual content, including explicit sexual content
  10. Characters in appearance of the following age ranges:
    1. Toddlers/ Children
    2. Teenagers
    3. Young adults (18 - 35 years old)
    4. Middle-aged adults (36 - 55 years old)
  11. Couples
    (*the Artist has the right to reject couples that involve incest, pedophilia, zoophilia, etc.)

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Section 1.2 - Will Not Draw

The Artist will not draw any of the following:

  1. Feral
  2. Mecha
  3. Sexualized underage characters (in actual age and appearance)
  4. Violence towards underage characters (in actual age and appearance)
  5. Pedophilic relations
  6. Incestuous relations
  7. Certain kinks/ fetishes (ex. scat, DDLG...); the Client is asked to confirm with the Artist beforehand if a certain kink/ fetish is acceptable.
  8. Content promoting hate speech or bigotry.

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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, ArtStation, Toyhou.se, Instagram, etc.) unless specified by the Client beforehand to keep the commission private.
  5. Payment is to be made upfront, after the Artist has approved the commission.
  6. 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.
  7. 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 and a refund will not be issued.
  8. The Client may contact the Artist at any time to ask for a progress check on the commission, but no more than once a day. The Client is encouraged to contact the Artist via social media (Tumblr, Twitter, ArtStation, Toyhou.se, Instagram, etc.). The artist is most responsive on Discord, Arlatius#1713.
  9. The Artist can make changes up to the stage previous to the one The Artist is currently working on. Exceptions may be made if The Artist missed essential design elements in prior stages. The following is the order of stages by which The Artist will work.
    1. Sketch
    2. Lineart
    3. Flat color
    4. Rendering
    5. Shading
    6. Finalization

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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 not hide, crop, or edit out the Artist's signature.
  3. The Client may use/ reupload the commission for personal/ non-commercial use, but only if proper credit to the Artist (Arlatius) and a linkback to any of the Artist's social media (Tumblr, Twitter, ArtStation, Toyhou.se, Instagram, etc.) is provided.
    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.
  4. 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 negoatiable.
    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.
  5. 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.
  6. 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.
    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 the style ordered.
  3. All commissions will be .PNG with dimensions ranging from 1000px - 3000px+ at 72DPI, 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 may have an additional charge.
    2. Commissions with a canvas size smaller than 1000px may have prices negoatiable. (Note: Smaller canvas sizes may result in losses to detail/ and or quality).
  5. The Client may ask for the commission to be 300DPI if the Client plans to personally print the commission.
  6. All commissions will be uploaded to a folder on Google Drive, the Client will recieve a link and have thier email added to the folder.
  7. Unless specified not to upload the commission to the public, all commissions will be posted on the Artist's social media.
    1. Commissions will be posted on the Artist's social media after the Client has received and approved the original.
    2. The Client may choose to remain anonymous when the Artist publicly uploads the commission.
  8. 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 upfront, the Artist will begin working on the commission following payment.
  2. Payment is to be made via PayPal only.
  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. The Client does not need to pay extra for any of the 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. 70% refunded if in the refined sketch stage
    2. 50% refunded if in the lineart stage
    3. 40% refunded if in the base color stage
    4. 30% - 20% refunded if in the shading stage/ final touches
    5. 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 and whatever the Artist had completed at the point of cancellation.
  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) 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. The Client orders a commission by contacting the Artist through any of the Artist's social media (Tumblr, Twitter, ArtStation, Toyhou.se, Instagram, etc.) or Discord, Arlatius#1713.
  2. The Artist contacts the Client 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 Artist will send an invoice to the Client for the agreed upon payment via PayPal..
  4. Upon confirmation that the payment has been received, the Artist will begin work on the commission.
  5. The Artist will send the Client progress updates at every major phase of creation (sketch, final sketch, lineart, base colors, rendering). The Client may request changes pertaining to the most recently completed phase of the commission. For example, the Client may request changes to the lineart only when the Artist sends the lineart progress update. The Client may not request changes to the lineart when the artist sends the base colors progress update.
  6. Upon completion of the commission, the Artist will create a folder in Google Drive for the Client, and place the final piece (as well as any alternate versions the Artist offers) into the folder. The Client will recieve an access link, and the Artist will request to add the Client to the folder via e-mail. 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.
  7. If permitted, the Artist posts a resized version of the commission on social media.

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