Terms of Service: Comisisons

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CURRENT AS OF: 30 JUNE 2015

(update included: reviewing pre-existing terms, formatting changes, additional info)

Before you intend on commissioning please read the following terms of service. Upon sending me a request (for a commission) you have acknowledged that you have read and are in compliance with this commission terms of service.  


IN ANY CASES OF VIOLATION OF THIS TOS, THE OFFENDING USER WILL BE BANNED FROM MY COMMISSIONS/TRADES AND ADOPTS


What are commissions?    Things to Include    Subject Matter    Payment    Deadlines and refund policies    Communication/correspondence    Rights/copyright and permissions


What are commissions?

  • "Commissions are small digital works or services offered by an artist, giving you the ability to obtain quality custom content." taken from here
  • These are generally offered in exchange for currency (only paypal at the moment) or at times adoptables or art
  • When purchasing a commission you are not purchasing the copyright to the art (read rights/copyright and permissions)


Things to Include


Things you need to include in your (first) note when ordering a commission
This is the info you need to include when ordering a commission, if anything is missing I will not be able to accept your commission.
  1. Include your references! I prefer clear image references but if not. Please understand, this is to avoid errors that happen because references provided were vague or/or incomplete.
  2. Your paypal email, at the moment I only accept commissions through paypal
  3. What style/type of commission you are intending to purchase
I will generally include a form to fill in with the commission post with these sections to fill in.

I usually go through the notes in chronological order (reading the ones sent first). But I can only consider orders with all the information included. So even if you have sent a note first but you haven't got all the info, that slot can be taken by someone who has sent a later note but has included everything!!!!


Subject Matter

  • References should be very clear and any specific requirements/details mentioned. 
  • I will happily correct any mistakes, given that they were made on my behalf (e.g. I misread a description), I do try to read/look as closely as possible but I might make a mistake. However if the mistake is as a result of insufficient information (e.g. unclear references, the element is not mentioned prior to me accepting the commission), you cannot force me to correct it. There will some leniency with whether or not I choose to correct something depending on how clear/unclearly it was described and the size of the error. However under no circumstances will I redraw a commission.
  • In regards to artistic freedom, I will make stylistic choices, if these fall under anything you have not specified before we agreed on the commission. If you would like me to use the exact colours (literally taking the colour picker tool to choose colours), please tell me as such because I tend to stray slightly from exact colours so that the image seems more harmonious. I may be willing to edit them. However I will not redraw a whole piece because you didn't tell me exactly what you wanted.
  • If you are commissioning a character that belongs to someone else. I would like a confirmation that you have permission to do so. This is a rather vague condition because I know that sometimes people might want to commission surprise gift art but on the flip side, I definitely do not approve of commissions of stolen designs. Since this is so ambiguous, if you are commissioning a character that isn't yours, please inform me.
  • I will not draw in any styles that are not being offered at that moment in time whether they be mine or any other styles (e.g. other styles from specific cartoons or other artists styles.)
  • Since I don't really have a list of things I will or won't draw, I reserve the right not to take commissions for what ever reason, specified or unspecified. For instance if I find it is not within my ability or I simply do not want to draw it. However you are welcome to ask me whether I will or won't draw something.


Payment

  • Do not send the payment until I have agreed to take your commission.
  • I will only accept payments through Paypal, I take only USD unless listed otherwise.
  • I will generally send an invoice with an all inclusive fee.
  • All payments are to be made upfront unless I have suggested and we have both agreed otherwise. I will not start your commission or add you to the commission list until the payment has reached my end.
  • I reserve the right to cancel a commission if the payment has not been made in a timely manner. I will be the judge of this since I understand that you might have some trouble sending the payment over. However what I usually consider as a timely manner is 36 hours, to cover any issues resultant of timezones and time differences.
  • Displayed prices are subject to change due to complexity of the art requested, however they will generally fall in the price ranges shown.


Deadlines and refund policies

  • It is possible to set a deadline for when I must finish the commission by. However it may influence whether I do intend to take your commission or not and the price of the commission.
  • If the deadline is not met, I will provide a full refund, excluding transaction fee for the commission.
  • Any cancellations made without a legitimate reason, I will be the judge of this, may or may not receive a refund. However if a suitable reason is given I will refund the payment minus the any work already completed and send over the incomplete piece.


Communication/correspondence

  • At the moment all correspondence regarding commissions are to be made through deviantart notes.
  • You may check on the progress of your work and ask for WIPs (work in progresses, simply a screenshot of where I am up to), given that this is done in a civil manner. However I'm not obliged to provide WIPs especially for smaller scale works such as pixel icons etc.
  • Rude, disrespectful and/or abusive commissioners will have their commissions cancelled and be refunded minus any progress on their commission made before the event. I may also block/ignore or refuse commissions from them without any questions asked.


Rights/copyright and permissions
  • I own the full rights to the work, unless we have both made an agreement for the commissioner to pay for the full rights. In short the commissioner does not have full rights to the artwork unless these rights have been purchased and specifically stated by me only. 
  • The commissioner is never permitted to edit/modify, distribute, make merchandise, claim credit, use for advertising whether under any circumstances without my explicit permission be it for profit or non-profit.
  • The commissioner is not permitted under any circumstances to crop, edit/modify, change, recolour, filter, trace, vector or appropriate the art in any way unless you have explicitly asked for permission. Only resizing the whole image for thumbnails is permitted. When ever in doubt please ask.
  • If the commission is to remain private (i.e. I may not post it any where), this may entail an additional fee and must be mentioned before I accept the commission and become a term of the commission. These commissions are not permitted to be posted on public websites under any circumstances. Simply if I am not allowed to post the commission, neither are you.
  • If the commissioner has any restrictions on where the art can or cannot be posted, similar to private commissions, this may entail an additional fee. This must also be stated before I accept the commission and will become a term of the commission. Commissioners are not permitted to posted the art on the websites that have been restricted. Again if I cannot post it on a certain website, neither can you.
  • The image is allowed to be used by the commissioner for personal uses such as wallpapers, icons etc. However if the image is public, credit must be visibly given to me, the artist.
  • Commissioners are not entitled to the psd, sai or other files which contain layers. I will only send the commission as a png file or gif file if it is animated. If you have commissioned an animated piece where saving it as a gif file compromises the quality, you are able to ask for the png file.
  • After you have received your finished commission (this includes any correction of mistakes) the transaction will be over and you are not permitted to ask for a refund.
  • It is your responsibility to upload the image to another server after I have sent you the link. I don't tend to keep the files on my computer after I have uploaded them so the image is lost on the hosting site. I will not be able to retrieve it for you.


If you've got any questions regarding the above please don't be afraid to ask!


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SandySinsToday's avatar
Hi your TOS is so well writen, could I use it to write mine? Giving credit ofc !