◄Commission Terms of Service

Last updated 25 December 2022

1. The Agreement

1. 1.1
   This Agreement applies exclusively to non-commercial commissions only. It is subject to changes without notice.
2. 1.2
   The Client is commissioning the Artist for the creation of an original piece of artwork. Contingent upon payment and completion of that artwork, the Artist will issue a license outlined in this Agreement to allow the Client to use that artwork for non-commercial purposes. The Artist is neither selling nor delivering products, neither physical nor digital.
3. 1.3
   This Agreement constitutes the entire agreement between the parties. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement.
4. 1.4
   The Client agrees that the Artist will not be liable for any damages (including, but not limited to, incidental or consequential damages) that arise from the Artist's performance of the commission. This includes, but is not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.
5. 1.5
   This Agreement does not create an exclusive relationship between the Client and the Artist. The Client is free to engage others to perform services of the same or similar nature to those provided by Artist. The Artist will be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by the Artist.
6. 1.6
   By sending payment, the Client agrees to all terms outlined in this Agreement. The Client agrees that a chargeback or reversal of payment will constitute a breach of these terms, resulting in the revocation of this grant of rights.
7. 1.7
   This Agreement is governed by and will be construed in accordance with the laws of the Hong Kong Special Administrative Region (Hong Kong SAR).

2. Contact

1. 2.1
   The Artist prefers close contact via Discord, or email.
2. 2.2
   The Artist accepts contact through Telegram, will only discuss commission work through a Telegram Group Chat created by the Artist.
3. 2.3
   The Client may contact the Artist in any number of ways before being redirected to any of the above methods at the Artist's discretion. The Artist does not guarantee a timely response if using any other contact method.
4. 2.4
   The Client must provide clear information, descriptions, and/or visual reference of the desired commissioned artwork. Afterwards, a price estimate will be given by the artist.
5. 2.5
   The Artist reserves the right to reject a commission for any reason, including no reason.

3. Work

1. 3.1
   Payment may only be made through the following methods:
   • PayPal via an invoice sent by the Artist, and in US dollars.
   Payment will not be accepted in any other form unless otherwise exempted by the Artist.
2. 3.2
   Displayed prices are a guideline, and are be subject to change based on the complexity, difficulty, size, and medium of the individual work.
3. 3.3
   Payment must be made in full before work begins. After payment has been processed, the commission will be added to the artist’s work queue. Exceptions can be made for more expensive commissions, and payment plans can be negotiated with the Artist.
4. 3.4
   The Artist will work in a timely fashion to the best of their ability, however the Client understands that the Artist may delay work on a commission for any reason. Time-sensitive ("rush") commissions may be accepted with negotiation from the Artist, with a possible significant surcharge.
5. 3.5
   The Client will be allowed to request changes at any point of the commission.
6. 3.6
   Minor changes will be free of charge. Examples include, but are not limited to:
   • Shifts in hue/saturation/brightness;
   • Simple flat colour changes;
   • Adjustment and scaling of proportions in the sketch phase;
   • Re-doing simple/small shapes and elements on the artwork.
7. 3.7
   Major changes are changes that deviate from the Client’s original commission information, descriptions, and/or visual references, and/or considerably increase the time needed for the commission. The changes may incur a fee that will be billed separately. The surcharge will be a minimum of 5 USD, and will vary from case-to-case. Examples include, but are not limited to:
   • Adjustment of the pose;
   • Adjustment of major body parts, such as redrawing the limbs or head;
   • Extensive changes to clothing;
   • Extensive changes to colours, after flat colours have been added;
   • Minor changes to details, such as those listed in 3.5, but requested after they were approved or overlooked by the Client at a prior stage.
8. 3.8
   Surcharges for major changes must be paid in full before the Client may receive the final, high-resolution, unwatermarked artwork.
9. 3.9
   The Artist reserves the right to reject any changes requested by the Client if the requested change is due to stylistic preference (such as linework, colouring style, or stylised proportions), or if the Artist believes it will harm the quality of the final piece.
10. 3.10
    The Artist reserves the right to work on their commission queue in any order, including non-chronologically.

4. Refunds

1. 4.1
   The Client may cancel the commission before work begins for a full refund.
2. 4.2
   If the Client requests a refund after work has begun, the refundable amount will be proportional to the amount of incomplete work, adjusted at the Artist’s discretion.
3. 4.3
   The Client will not be given refunds after work has been completed.
4. 4.4
   The Artist may cancel a commission at any time before work is completed, and will issue a full refund to the Client. Reasons for cancellation include, but are not limited to:
   • Poor or immature behaviour from the Client;
   • The inability to communicate with the Client clearly and effectively in English;
   • The Artist dealing with an unforeseen inability to complete the commission.

5. Usage

1. 5.1
   The Artist will retain all rights to the artwork. The Artist may upload, showcase, and distribute the artwork as they please, as well as alter the artwork. The Artist may use the artwork for merchandise or prints, and to alter the commissioned work for these purposes.
2. 5.2
   The Artist may re-use sketches and thumbnails rejected by the Client for any other works, including for other commissions. The Client may not use these rejected items.
3. 5.3
   The Client will retain all rights to their respective characters and intellectual property.
4. 5.4
   The Client may use the commissioned artwork for personal, non-commercial purposes. Examples include, but are not limited to:
   • Reposting the artwork to portfolio sites such as Weasyl or DeviantArt, as long as the signature is visible;
   • Resizing or cropping the artwork to create icons, wallpapers, or header graphics. The artwork may not be modified itself;
   • Using the artwork to promote their own non-commercial material.
5. 5.5
   The Client may publicly distribute, display, or repost low-resolution versions of the artwork, accompanied with a credit line to the Artist, as expressed in 5.4. The client may not use the high-resolution artwork for these purposes.
6. 5.6
   The Client may produce prints of the high-resolution artwork for private use.
7. 5.7
   The Client may not use the commissioned artwork for commercial projects. Examples include:
   • Selling physical prints or pieces of merchandise of the artwork;
   • Using the artwork to promote commercial material, such as in product advertising;
   • Selling one’s own material, with the artwork attached to the material, such as on the cover of a music album.
   The Client may purchase additional licensing for use in commercial projects. Terms will be discussed in private.
8. 5.8
   The Client may include the original artwork upon transfer or sale of the featured character(s) or intellectual property. The Artist will retain all rights granted under this Agreement.
9. 5.9
   The Client may not claim the artwork as their own work, or as the work of anyone other than the Artist.
10. 5.10
    The Client may not have another artist draw over, rework, or alter the commissioned artwork, including the removal of the artist’s signatures or watermarks.
11. 5.11
    The Client may not use the commissioned artwork for use with or in association with blockchain-related technologies such as Non-Fungible Tokens (NFTs) and cryptocurrency trading, unless explicitly authorised through written permission from the Artist.
12. 5.12
    The Client may not use the commissioned artwork for use in artificial intelligence training or research, unless explicitly authorised through written permission from the Artist.