Terms of Service:

A Summary:

⚠ Please note: This is a summarized version of the Terms of Service. For a more clear and comprehensive understanding, please refer to the full document below the summary. ⚠

By commissioning artwork, the Client agrees to the Terms of Service (ToS), including respectful communication and anti-discrimination policies. The process involves contacting the Artist, discussing details like style and pricing, and making a payment, typically via Stripe, before work begins.

The Client provides project details and inspiration, and the Artist includes up to three minor revisions; additional changes may incur extra fees. Regular updates are provided, and the final artwork is delivered digitally after full payment.

The Artist retains copyright but grants the Client personal, non-commercial usage rights with proper credit. Commercial use requires separate negotiation. Unauthorized reproduction, including AI replication, is prohibited and may lead to legal action.

Refunds are rarely available once work starts, except under specific conditions. The Artist can terminate the agreement if the Client is unresponsive, breaches terms, or is disrespectful. Legal disputes follow the Artist's local jurisdiction.

The Privacy Policy ensures the confidentiality of personal information collected during the commission, retained for up to two months post-completion unless otherwise agreed. Updates to the ToS are communicated, with continued use implying acceptance.

Both Artist and Client may, together, when discussing the process beforehand, overwrite some of the terms outlined here.

Commissioning artwork is a fun process, and both parties aim to create a positive experience! ♡

Terms of Service

These Terms of Service ("ToS") govern the provision of commissioned artwork services ("Commission") by the Artist ("Artist") to the Client ("Client"). By commissioning the Artist, the Client agrees to comply with and be bound by these terms.

Definitions:

Artist: The individual producing the Commission.
Client: The individual purchasing the Commission.
Commission: The form of service provided by the Artist to the Client per the Commission Agreement.
Commission Agreement: The documented discussion, via email or preferred communication platform, where the Artist and Client agree on the Commission's subject matter, type, price, start date, deadline (if applicable), early termination conditions, rush fees, copyright transfer, and portfolio display. If applicable, the Commission Agreement will overwrite some of the terms applied here in order to create a personalized experience for the Client.

Table of Contents:

Acceptance of Terms
Anti-Discrimination and Communication
Commission Process
Scope of Work
Sale and Payment
Completion and Delivery
Rights and Usage
Inappropriate Use of the Artwork
Refunds
Termination and Abandonment
Legal Disputes and Liability
Force Majeure
Privacy Policy
Updates and Changes

1. Acceptance of Terms:

By commissioning the Artist, the Client acknowledges that they have read, understood, and agree to these terms. This act forms a binding agreement between the Client and the Artist, governed by this document's terms and conditions.
The Client is advised to thoroughly review this ToS before commissioning the Artist. Any questions or concerns regarding the terms should be addressed with the Artist for clarification prior to initiating the commission.
If any provision of this ToS is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver: The failure of either party to enforce any provision of this ToS at any time shall not be construed as a waiver of such provision or affect the right of either party to enforce the provision later.

2. Anti-Discrimination and Communication

The Artist is committed to creating a respectful and inclusive environment for all clients. Discrimination based on race, color, religion, gender, sexual orientation, disability, or any other protected characteristic is strictly prohibited.
Both the Artist and the Client agree to maintain professional and respectful communication throughout the commission process. Any form of communication that is offensive, disrespectful, or harassing is unacceptable.
Violation of the communication expectations outlined in this ToS, including engaging in offensive, disrespectful, or harassing communication, may result in the termination of the Commission Agreement by the Artist. In such cases, the Client may not be entitled to a refund or completion of the commissioned artwork.
If the Client believes they have been subjected to discriminatory behavior or encounters communication issues, they are encouraged to report such incidents. The Artist is committed to addressing any issues promptly and fostering a cooperative and respectful working relationship.
Suggestions to improve communication or any concerns related to discrimination will be taken seriously and used to enhance the client experience.

3. Commission Process:

To initiate a Commission, contact the Artist via preferred social media platforms (e.g., Mastodon, Tumblr) or email. The specific details, including style, subject, and any specific requirements, will be discussed through these channels.
Prompt communication from the Client is essential for a smooth commission process. Delays in responding may impact the project's schedule.
Once the details are clarified, the Artist and Client will agree on the scope of the Commission, including pricing and the delivery timeline.
Full payment or an up-front fee is required before work commences. Payments are accepted via Stripe, and the Artist encourages the use of intermediary services like Ko-fi or invoices to facilitate transactions and communication.

4. Scope of Work:

The Client shall provide detailed information, including inspiration images or other visual aids, for the project. It is the Client’s responsibility to promptly address any discrepancies between the agreed scope of work and the execution of the artwork.
The Artist offers up to three minor revisions at no additional cost. Substantial changes requested after these revisions may incur additional fees, as specified in the Commission Agreement.
Clear and detailed communication during the commission process is crucial to ensure that the final product aligns with the Client's expectations.

5. Sale and Payment:

The Artist agrees to create and transfer the Commission to the Client for the agreed value set out in the Commission Agreement prior to the commencement of the work.
Full payment must be made upon the signing of the Commission Agreement or, alternatively, a 50% up-front fee can be paid after the approval of the Commission Draft.
Accepted payment methods include Stripe or other methods specified in the Commission Agreement. If the Client wishes to use a method not listed, they must obtain the Artist's approval before proceeding.
In the event of late payment, the Artist reserves the right to suspend work until payment is received. A late fee of $5 (or the equivalent in the alternative currency chosen in the Commission Agreement) will be charged for payments received more than 7 days past the due date. If payment is not received within 14 days of the due date, the Artist may terminate the Commission Agreement, and the Client will forfeit any rights to the incomplete artwork. The Client will also be responsible for any additional costs incurred due to the delay.

6. Completion and Delivery:

The commissioned artwork shall be completed within a mutually agreed-upon duration, subject to change based on workload. The timeline will be specified in the Commission Agreement.
The Artist will provide regular updates on the progress of the artwork.
Delays in responding beyond 2 days may affect the agreed-upon timeline. If there is no response from the Client for more than 2 weeks, the commission may be canceled with no refunds. Prompt communication is essential to ensure timely completion of the artwork.
The final artwork will be delivered digitally in a high-resolution file after the final payment is received.
Any requested changes or modifications to the completed artwork may incur additional fees, as specified in the Commission Agreement.

7. Rights and Usage:

The Artist retains full copyright to the commissioned artwork and may use it for promotional purposes, including the right to display it in the portfolio and on social media, unless otherwise agreed upon in writing.
In the event of cancellation during the commission process, the Artist retains full copyright to the artwork and may use it as they see fit.
The Client has the right to use the finished artwork for personal, non-commercial purposes. Any commercial use or reproduction rights must be negotiated separately and agreed upon in writing.
The Client agrees to credit the Artist when sharing the artwork on social media or other platforms. Proper attribution helps recognize the Artist's work and promotes their artistic endeavors.
Unless otherwise agreed upon in writing, the Client does not receive exclusive rights to the commissioned artwork.

8. Inappropriate Use of the Artwork:

The Client agrees not to engage in art theft, unauthorized reproduction, distribution, tracing, or any inappropriate use of the commissioned artwork. Unauthorized reproduction includes but is not limited to using the artwork for commercial purposes, selling reproductions, or claiming the artwork as the Client's own creation.
The use of artificial intelligence (AI) or any form of automated software to replicate, modify, or create derivative works from the commissioned artwork is strictly prohibited and non-negotiable.
Tracing or recreating the commissioned artwork in whole or in part, without proper attribution and permission, is considered a violation of this ToS.
In the event of art theft, inappropriate use, AI use, or tracing, the Artist will take the following actions:
- Issue a cease and desist order to the offending party.
- Seek legal action to enforce intellectual property rights, including but not limited to injunctive relief and monetary damages.
- Notify relevant platforms and authorities about the unauthorized use to have the content removed.
- Retain the right to publicly disclose the violation for awareness purposes.
The Client acknowledges that any unauthorized use of the commissioned artwork may result in legal consequences. The Artist retains full rights to enforce this ToS and protect their artistic work.

9. Refunds:

Cancellations initiated by the Client after the start of the commission do not entitle the Client to a refund of the deposit.
The Artist reserves the right to cancel and refund a Commission if unable to complete it due to unforeseen circumstances, including but not limited to illness or natural disasters.
A refund is possible only if the Artist is unable to carry out the commission, if the request is canceled before the start of the work, or if the final product significantly deviates from the agreed-upon Commission Agreement terms, subject to reasonable artistic interpretation.
A partial refund may be issued if the final product deviates significantly from the agreed-upon Commission Agreement terms, subject to reasonable artistic interpretation.
The Client may request up to three minor revisions at no additional cost if dissatisfied with the final product. Significant changes or additional revisions may incur extra fees.
Refund requests must be made within 14 days of receiving the final product. The Artist will review the request and provide a decision within 7 days.
If the Artist refuses both a refund and revisions, the Client cannot further insist unless there is clear evidence that the final product does not meet the agreed-upon specifications.
The Artist retains the discretion to determine the appropriateness of offering refunds or revisions in the event of client dissatisfaction with the final product.

10. Termination and Abandonment:

The Artist reserves the right to terminate this agreement if the Client is unresponsive for more than 3 weeks, breaches the agreement significantly (e.g., failure to make payments, providing false information, engaging in disrespectful communication), or engages in conduct that hinders the successful completion of the commissioned artwork. In such cases, the Client may not be entitled to a refund or completion of the commissioned artwork. If the Artist initiates cancellation within 1 week after receiving payment, the Client will be entitled to a full refund unless otherwise stipulated in the Commission Agreement.
If the Client abandons the project after work has commenced, the Artist retains the right to invoice for completed work, and the Client forfeits any ownership or usage rights to the incomplete project.
If the Artist cancels the commission due to unforeseen circumstances, such as illness or natural disasters, and cannot complete the work, the Client shall be entitled to a full refund of any payments made.

11. Legal Disputes and Liability:

In the event of any legal dispute arising out of or related to this ToS, both the Artist and the Client agree to first attempt resolution in accordance with the laws of the Artist's local jurisdiction.
The decision made through the agreed local jurisdiction, if applicable, shall be binding on both parties.
If a legal dispute is not resolved through arbitration, both parties agree to engage in mediation before pursuing litigation. If mediation fails, any unresolved disputes shall be resolved in accordance with the laws of the Artist's local jurisdiction.
To the maximum extent permitted by law, the Artist's liability for any claims arising out of or related to this ToS shall be limited to the total amount paid by the Client for the Commission.
The Client agrees to indemnify, defend, and hold harmless the Artist from any claims, damages, liabilities, or expenses arising out of or related to the Client's use of the commissioned artwork, including but not limited to any claims of infringement of intellectual property rights or violation of third-party rights.

12. Force Majeure:

Neither party shall be liable for any failure or delay in performance under this ToS if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, fire, flood, governmental orders, or other force majeure events.
In the event of a force majeure event, the affected party shall immediately notify the other party in writing of the circumstances preventing performance, specifying the nature of the event and the expected duration of the delay. Performance of obligations under this ToS shall be suspended for the duration of the force majeure event, not exceeding two months.
If the force majeure event continues beyond two months, either party may terminate this ToS by providing written notice to the other party. In such a case, neither party shall be liable for any damages resulting from the termination. The affected party shall resume performance as soon as possible after the force majeure event has ended.
Communication regarding the force majeure event and its impact on performance shall be made promptly and in good faith between the parties.

13. Privacy Policy:

During the commission process, the Artist may collect personal information from the Client, including but not limited to name, email address, and reference images.
The personal information collected will be used solely for the purpose of completing the commissioned artwork. The Artist will not use this information for any other purpose, including marketing, without the explicit consent of the Client.
The Artist is committed to treating all personal data provided by the Client as confidential. This information will not be disclosed to third parties except in response to valid governmental or legal requests, such as a court order or subpoena.
The Artist will retain personal information collected during the commission process for a period not exceeding two months after the commissioned artwork is completed, unless explicit consent is provided by the Client for further retention or use. After this period, all personal information will be securely destroyed to protect the Client's privacy, unless otherwise agreed upon.

14. Updates and Changes:

These ToS are subject to change at the discretion of the Artist.
Any updates or changes to the ToS and Privacy Policy will be communicated to the Client via email within two weeks prior to their implementation. Continued use of the Artist's services after such updates shall constitute acceptance of the updated ToS and, if applicable, the revised Privacy Policy.
For ongoing projects, the terms that were in effect at the beginning of the project will apply, unless both parties agree otherwise.

Thank you for considering my art for your commission! I look forward to creating something special for you. ★