TOS for commissions

Authors
Natseik
Published
2 years, 10 months ago
Stats
1755

Terms of service for commissioning art with me, please read before send any request.

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Author's Notes

Please read

By ordering a commission from me, user Natseik/nat-seik("the Artist"), you ("the Client") 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 and up to date as of September 10, 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 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* (*only if express written permission of the subject in question is provided)
  5. Fanart
  6. Pin-up/ Nudity
  7. Light -medium Gore
    (Ex. Excessive blood, detached limbs, some internal organs etc.)
  8. Implied Sexual Content
  9. 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)
    5. Elderly people (60 up)
  10. 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

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Section 1.2 - Will Not Draw

The Artist will not draw any of the following:

  1. Feral
  2. Eroguro
    (extreme violence+erotica)
  3. Mecha
  4. Vehicles: cars, motorcycles, planes etcetera.
  5. Sexualized underage characters (in actual age and appearance)
  6. Pedophilic relations
  7. Incestuous relations
  8. Certain kinks/ fetishes (ex. watersports, any fagias,DDLG...); the Client is asked to confirm with the Artist beforehand if a certain kink/ fetish is acceptable.
  9. Closed Species
  10. Certain fandoms styles and/or characters like: Mobian or Steven Universe, hazbin Hotel and others. In case of doubt be free to ask about it.

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Section 2 - General

  1. All drawings will include a subtle signature that you may not remove.
  2. The artist might record the drawing process and post it on my social media sites (Facebook, Youtube, Picarto, Twitch etc).
  3. Prices are subject to change based on demand.
  4. I, The Artist, have the right to reject any order that I do not feel comfortable drawing for any reason.
  5. The commission can be kept as private (not being submitted to my social media), but I’ll need confirmation during the process.
  6. 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 days (any changes will be confirmed during the arrangement). 
  7. The Client is encouraged to contact the Artist via social media (Facebook, Twitter, DeviantArt, Toyhou.se, Instagram) if the Client is unable to reach the Artist via e-mail.

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Section 3 - Image Rights

  • I, Natseik (the artist), claim the rights to the produced drawing, not the buyer. Therefore I am allowed to use the copyrighted artwork to:
  1. Promote myself with it everywhere
  2. Publish books with it (artbooks, etc.)
  3. Display it everywhere to my liking (website, social media, etc.)
  4. Post it wherever I want
    The buyer is allowed to:
    1. Use the commissioned piece for personal use unless agreed otherwise (you can upload it on all your social media profiles, forums, etc.)
    2. Print the artwork and claim the character(s) as their own, but not the artwork itself.
    3. Use the artwork to promote themselves. You are not forced to give me credit when you post it but it is very appreciated.
    4. Use the artwork on their Youtube channel and in monetized videos as long as the artwork itself is not the main subject for the earnings.
  5. The following is considered copyright infringement:
    1. Reproducing/using the copyrighted artwork commercially - means making money off it in any way. Without previous payment for the commercial use.
    2. Claiming the artwork as your own.
    3. Removing my signature from the artwork.
    4. Altering the artwork without my consent.
    5. I reserve the full rights to the image and it's use/distribution unless otherwise agreed upon (rights to the image for your own non-personal use may be purchased at any time).

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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 an anime/ manga style or as sampled in the style ordered.
  3. The artist only works with character references, can be an sketch, an image maker or anything visual that can be needed for the character being drawn in the style of the artist.
  4. Works with only text descriptions will be taken as a character design and they will had an extra cost plus the commission price. Prices on the character design may vary due to complexity and general changes on the prices.
  5. All commissions will be .PNG with dimensions ranging from 1000px - 3000px+ at 72DPI, unless specified otherwise. Exceptions may be made, depending on the commission.
  6. 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 have prices negotiable. (Note: Smaller canvas sizes may result in losses to detail/ and or quality).
  7. The Client may ask for the commission to be 300DPI if the Client plans to personally print the commission; however, there will be an additional charge.
  8. All commissions will be sent via e-mail with the completed commission .PNG file attached. Or via stash or any other digital media that the client wants.
  9. 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.
  10. 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 or after the Client has approved the sketch (this only applies for new clients). The Client need to make the payment after or before the approved sketch to keep the slot and so I can start the work.
  2. Payment must be sent within 48 hours after confirmation.
  3. Payment is to be made via PayPal or DeviantArt Points only.
  4. PayPal payment is to be done in USD (American Dollars) or MXN (Mexican peso) if the payment is via direct transfer.
  5. PayPal payment is be done using invoices. The Artist will require the Client's PayPal e-mail.
  6. The Client does not need to pay extra for any of the PayPal fees.
  7. DeviantArt Points payment is to be made using the Commissions Widget on the Artist's DeviantArt profile page  or direct via "give points" option. The Artist will set up a specific slot for the Client to pay through or will tell you to send the points via "gift option" directly.

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Section 6 - Refunds

  1. The buyer is not allowed a refund once I started working on the commission.
  2. If for any reason I am unable to finish your commission you will receive a full or partial refund, in addition to a .PNG file of whatever progress of the commission has been completed.

    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. Refunds will be given within 72 hours after correspondence.
  5. If you are getting a refund, do not request a Paypal charge back. I will transfer the money back to you myself.
  6. If the client request a Paypal charge back at any point when it were not allowed to ask for a refund will lose all before mentioned rights to the commissioned piece and I will have the full right to profit further from it in any way.
  7. I will decline the charge back and supply Paypal with our conversations in which we talk about the commission as evidence that I have completed work for you. Furthermore, you will be blacklisted for commissioning me again.
  8. Also,The Client will not receive any files of the commission.
  • 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 after correspondence. 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. The Client orders using a Form, posted by the Artist. An e-mail is required for the Artist to get in contact with the Client or any social media. The Client's e-mail or social media will remain private and will not be shared.
  2. The Artist contacts the Client via e-mail/preffered media 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.
  3. Payment is to be made (via PayPal Invoice or DeviantArt Commissions Widget). If is the first time commissioning the artist the payment can be made after the sketch phase.
  4. The Client will receive a rough sketch (resized and watermarked) of the commission. Any and all major revisions must be done at this stage; 
  5. The Client approves the sketch. 
  6. Upon confirmation that the payment has been received, the Artist will work on and finalize the commission.
  7. Upon completion of the commission, the Client will receive the commission file 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.
  8. If permitted, the Artist posts a resized and watermarked version of the commission on social media.

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