TERMS AND SERVICES

Please Read This Document before submitting a Commission request

Last updated: 04 | 19 | 2021

General

By commissioning me (The Artist), the client understands and agrees to all the terms and conditions listed in this document, as well as any unwritten conditions between both the artist and client discussed in private. Additional terms must be agreed upon by both parties in writing form.

Subject Matter

References should be clear and any details should be mentioned within the notice for commission. Any major mistakes resulting from insufficient details, unclear information, and anything in conformity will not be corrected. This includes stylistic choices. If the client wishes for the artist to draw a character with certain poses, colours, etcetera, the artist must be notified. Some leniency on minor mistakes may be allowed. However, the artist reserves the right to explain her choices and refuse unreasonable edit requests. (Such as major pose or background changes). The artist is not obligated to make these fixes unless the mistakes were made on the artist’s behalf (e.g. I misread a specific description). The client will be sent a sketch work in progress (WIP). Any changes that can be made must be requested at this stage. If the client requires any major changes to be made in the late stage of work, it will result in additional fees.
The artist reserves the right to alter any/all character designs in the commissioned image to a reasonable extent. By commissioning, the client grants the artist some creative liabilities with the commission. Please notify the artist if a detail must be included. Overly complicated or unreasonable character designs, and/or sceneries are subject to changes that are to be determined by the artist.
Requests with copyrighted characters (such as characters from a comic or video game series) will be accepted as long as the commission in question is for personal use only.
Please note that the artist reserves the right to decline any commission type for any reason. Clients are allowed to ask why their request was declined, but the artist is not obligated to provide a reason. Racist, homophobic, ableist ideologies and any sort of prejudice will be denied immediately.

Copyrights and Permissions

If the character does not belong to the client, the artist should be notified of this. Especially if the character in question is copyrighted.
For personal commissions, the client is purchasing for the artist’s labour only. The artist retains all copyrights over the commissioned images. Therefore the client is never permitted to edit/modify, distribute, make merchandise, claim credit, use for advertising whether under any circumstances unless otherwise agreed upon with written permission. The client is granted a nonexclusive license for personal use only.
The artist retains all copyrights over the commissioned images. Any personal commission request of characters from a series (fanart) may be made into prints or merchandise for the artist to distribute for profit.
The image is allowed to be used by the client for personal uses such as wallpapers, icons, printed out and put on a wall, etc. However, for public use, there must be credit visibly given to the artist. I prefer my Twitter to be credited. "@tou_zii" on Twitter will be sufficient.
If the client wishes for the work to remain private, this may entail an additional fee. This must be mentioned before the commission request is accepted and will become a term of the commission. Meaning commissions are not permitted to be posted on public websites under any circumstances by both the artist and the client.
For commercial work, the client will be subjected to some differences in the terms and additional fees (Typically ~3 times the standard amount unless stated). Please let the artist know if the request is commercial upfront, and what the intended use of the commercial work is when placing the request.
Clients are not permitted, under any circumstances, to use any part of their commissioned artwork for non-fungible tokens (NFT). Use of the artwork for any advertising or profits associated with NFT or cryptocurrency is prohibited.
It is the client’s responsibility to safely keep or upload the image to another server after the artist has sent the finished image. Files are often deleted. So if the image is lost, the artist will be unable to retrieve it for you.

Payment and Refund

Do not request a commission if you as a client cannot pay the full price when payment is requested.
Displayed prices are subject to change. Displayed prices are listed in CAD currency.
Full payment must be made full before the commission is started. Unless partial payment is specified or agreed upon by the two parties.
The artist reserves the right to cancel the commission request if payment has not been made within 48 hours.
No refunds are allowed. The order can only be cancelled if the artist cancels said order OR if the client wants a refund before the artist begins progress on the commission. For any other reason of cancellation that is made by the client MUST have a viable explanation. Otherwise, there is no refund allowed. Given that the reason is valid as determined by the artist. A partial refund will be allowed. i.e the client pays for what has been completed, and the artist will send over the artwork of what has been completed.
For any refunds, the client is responsible for fines or charges levied by third-party payment services as a result of this commission transaction.
Mainly payment via PayPal will be accepted. For other methods please inquire.
There will be only one method of payment that will be accepted through PayPal. PayPal invoices will be sent in CAD currency. The artist sends a request for payment to the client. Please check that the net amount (the amount the artist is receiving), is equal to the price of the commission before making payment. Payment via friends and family is prohibited.
Request for the commission to be done within a deadline is allowed, but this will influence whether or not the request will be accepted the quality of the commission and possible rush fees. If the commission is to be completed within a deadline and has not been completed by then. A full refund will be issued.
Rude, disrespectful and/or abusive clients will have their commissions cancelled and be refunded minus any progress on the commission made. Clients may be blacklisted/ blocked for any future commissions without questions asked.
After the client has received their finished commission (this includes any correction of mistakes) the transaction will be over and a refund will not be permitted.

Communication

All correspondence will be handled through E-mail or DM
WIPS (Work in Progress, a screenshot of what I have done) may be requested given that this is done civilly. For smaller-scale works, WIPs are not available.
Rudeness is not tolerated. If the client is disrespectful, their request will be denied, or if the client becomes disrespectful while the artist is working on the commission. A refund will be issued minus what has been completed.

If you have any questions, please do not hesitate to bring them forward.

By requesting a commission. You as a client have acknowledged, read, and understand what is stated within this TOS. Therefore you will abide by the terms of service stated. Thank you.

Note: This TOS is referenced off of okyi's TOS found here