TERMS OF SERVICE Updated 09/04/2020

 

Upon paying for a commission, you, the Client, are acknowledging and agreeing to the following:

  • You are at least 18 years of age

  • You are ready and able to pay for your commission upfront.

  • All owners of the characters within the piece have given permission and agreed to the purchase of the commission.

  •  You understand and comply with the information listed below.

COMMISSION PROCESS 

  • When an order is placed, an email stating the order has been received along with a receipt of your order will be sent to the given email address noted in the form within 48 hours. Shortly afterwards, an invoice/request for payment will be sent to the email noted in the order form as well. You will have 48 hours to pay off the invoice, unless otherwise discussed with the Artist, or your spot on the queue will be terminated. Commission progress will not start until the Artist receives a notification that the payment has arrived safely into their account.

  • Updated statuses on commissions can be viewed [ here ] once the order has been successfully placed and accepted by the Artist. Status is updated when you have paid and when specific stages of the commission change. It is requested that you check the link first before contacting the Artist regarding the status on your commission.

  • You will automatically receive a work in progress sketch(es) of the commission for approval before it moves onto the inking and colouring stages and will have the opportunity during this stage to direct alterations of the work (Not applicable for sketch commissions).

  • Final artwork will be delivered via email once the commission is finished as a high res .PNG file for personal use along with a low res watermarked .PNG file for web use. 

  • Minor alterations that were missed or need adjusting can be made before the .PSD file is removed from the hard drive and can no longer be edited.

ARTIST & CLIENT RIGHTS

1) The Artist reserves the right to cancel a commission and issue a refund at any time during the commission process without any sort of explanation. This could be anything from poor communication without reason given ahead of time, rude/inappropriate behavior, inability to be clear and concise, unforeseen inability to complete the commission, etc. The Client may receive a refund if the commission is cancelled depending on the amount of work done on the artwork so far.

2) The Artist reserves the right to reject any commission for any reason. 

3) Commissions are not first come first serve. The Artist has the right to pick and choose from the order forms submitted per public commission opening.

4) Commissions are usually completed between a 3-4 week timeline after payment has been received. Some projects may take longer based on complexity, communication between the Artist and Client, and the Artists personal schedule. Clients will be notified as soon as possible if unexpected delays occur.

 

5) Client's may request for their commission to be completed by a specific deadline. The deadline MUST be pointed out when making an order and agreed upon via Client and Artist so the commission progress can be planned accordingly within the Artists personal and work schedule. 

6)  The Client receives a full resolution (300dpi) for print and a low resolution version intended for web upload (75dpi) watermarked .PNG file via email once complete. The Artist is also able to send other file formats, if requested by the Client ahead of time.

7) Communication regarding commissions between Client and Artist will solely be done through email for the purpose of record-keeping and consolidation. Commission process will not be discussed through any other form of communication.

8) Displayed prices are subject to change according to the complexity of each individual piece.The Artist has the right to raise the final price of the commission if they see fit.

9) The Artist ensures the Client will receive email updates on the commission when necessary. Clients are encouraged to check in when they feel it's necessary for updates, assurance, reminders and/or questions. Public updates may also be made via the Artist's public social media accounts as well as their public queue, which all Clients are encouraged to check in on for a live status on their commission.  

10) The Client will have the opportunity to direct alterations of the work after receiving a work in progress sketch of the commission. All major revisions must be made during this stage. Only minor revisions can be made after the commission is complete. Larger revisions that are requested after the commission is complete will be an additional charge, depending on complexity.

11) For commissions above $400, the Client may request for work in progress screenshots of each or any stage of the commission process, which are welcomed to ensure the best result. Commissions under $400 are considered small works, thus progress screenshots are not factored into the price.

12) The Artist reserves the right to reject critique and revisions relating to artistic skill, style preference or critique that reduces the artistic quality of the piece.

13) Work in progress sketches/screenshots are not applicable for sketch commissions, since the Client is paying for a sketch and not a finished illustration.

14) The original Photoshop file will be kept for 1 week (7 days), in case any minor alterations are needed (minor being colour alterations, missing markings/details due to the Artist overlooking those details, etc). After the week is up, no changes are allowed to be made, as the Photoshop file will be deleted from the hard drive. The Client can request for additional time to look things over, if needed.

15) Private commissions are not accepted. If the Client does not want their name listed publicly, the Artist will comply, so long as this is made aware ahead of time.

16) The Artist retains ALL rights to the commissioned artwork. The Artist may post or distribute commissioned work online via personal websites, galleries or journals. If the commissioned work is a time-sensitive gift, the Artist may delay public showcase at the request of the Client. 

 

17) The Artist retains ALL rights to the commissioned artwork, including the right to make digital or hard copied prints and/or merchandise for promotion or sale, if the Artist chooses. The Client may purchase the rights to the artwork they commission which can be discussed with the Artist privately via email. Please note purchasing rights may be double the original quoted price of the commission.

18) The Client has the right to request that the Artist does not sell prints of their commissioned artwork, for which the artist will comply. This MUST be brought to attention before the commission is completed. The Artist may then result to altering the commissioned work to make it more generic for print, at the Artist's discretion. 

19) The Client retains all rights to their respective characters in the commissioned piece. This does not allow them the rights to the commissioned image (See 16, 17 and 18)

20) The Client cannot profit from the artwork beyond the resale of a physical original painting or drawing (traditional media). This includes the sale of digital files or the rights to the image.

21) The Client has the right to edit the artwork by cropping and resizing for personal use as icons, backgrounds, banners, etc. Any large additions or changes made to the artwork that are not by The Artist must be noted in any posting of the image and displayed prominently. 

 

22) The Client retains the rights to post the image wherever they please for personal non-commercial non-profit purposes, with credit given to the Artist where applicable. It is appreciated if the low resolution and/or watermarked version is to be uploaded. 

23) The Client retains reprint rights that are limited to very small quantities for personal use.

24) The Client does not have the right to mass produce and hand out the artwork for free (Ex: stickers or business cards) without credit given that is prominent on each item distributed. If The Client chooses to mass produce the artwork to hand out for free, The Client must first contact The Artist to receive written permission and approval of the credit.

25) The Artist may re-use work in progress sketches that were rejected by the Client for other commissions or personal works.

26) Sketch commissions can be revised as much as the Client would like with no additional cost, unless it is a complete redraw. 

27) Characters belonging to the Artist can be featured in the Client's commission. There is no discount for this, however. Anything goes for subject/theme, so long as the idea isn't out of character for the Artists character(s). Please feel to contact the Artist with the idea before filling out an order form if the Client is unsure. 

PAYMENT

28) All payments are to be made online through Paypal ONLY and in USD currency. Payment via etransfer or PayPal in CAD currency can be arranged for local/ Canadian Clients only.

29) Commissions are to be paid in full before any work is done within the 48 hours of the invoice being sent, unless discussed ahead of time with the artist. If payment is not received within 48 hours of sending an invoice to the given address, the Client will be sent a final email reminder the last day payment is due. If there is still no response or a notification sent to the Artist regarding the invoice being paid, the Client's spot on the queue will be terminated, unless the Artist receives a legitimate reason from the Client ahead of time.​​

REFUND POLICY

30) If the Client's commission has not been started, 100% refund will be issued.

31) In the event of Client cancellation during the sketch phase, a 50% refund of the original payment will be issued.

32) In the event of Client cancellation during the clean inking phase, a 30% refund of the original payment will be issued.

33) A refund will not be issued if the Client cancels during the colour stage or after the commission is complete. 

34) If the Artist cancels the commission, 100% of the payment will be refunded to the Client.

AUCTIONS

35) All auctions hosted online will have rules listed within the submission/advertisement. All rules are to be followed. If this is not done at any given point in the auction, those taking part will be unable to participate in future auctions.

LIVE STREAMS

36) Stream commissions are done during the stream session ONLY.

37) The Client must attend the stream session in order to commission and receive the artwork

38) As these are commissions done within a stream session only and are not intended to be worked on afterwards, an additional fee will be required if the Client requests a change to their commission AFTER the stream session is over. Fee ranges depending on the complexity of the change/how much it will alter the original drawing.

39) Each stream session will have rules listed within the submission/advertisement/link. All rules are to be followed. If this is not done at any given point in the session, those taking part will be unable to participate in future streams.

NOTE: The terms listed are meant as a reference for small-projects. Contracts will be negotiated with larger clients and longer-term projects.

WILL
DRAW
WILL
NOT
DRAW

*What is listed above is rather vague. If there are any questions regarding what is listed in the will and won't draw sections, please contact the artist before placing an order. It's best to run your idea with the artist so they can give you a yes or no answer in regards to the themes!

© 2020 Nicole.S