Terms Of Service
General
- If it is apparent that the client has failed to read the Terms the commission request will be ignored.
- If it becomes apparent that the client has failed to read the Terms during the commission progress the commission will be cancelled.
- By sending payment the client automatically agrees to the Terms of Service.
- The commission may be canceled at any point for any reason, such as:
disrespectful behaviour, poor communication, health issues, etc.
- The client is 18 years or older.
- The client is responsible for the files after they have been delivered. The artist is not responsible if the client loses the files. (please keep your files in a safe place. I may delete mine in the future to free up space)
Copyright and Usage
As the artist I retain the copyright to the artwork. I may:
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include the commissioned work in portfolios, online profiles/pages, etc.
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create prints of the artwork, only with the client's permission.
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Use any unused sketches for other commission work or personal work.
If you want the artwork to be kept private (meaning it will not be used or posted publicly) please let me know in the "additional information" section of the order form.
The client or other parties may not:
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claim the commissioned art to be their own work.
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reproduce the artwork for commercial purposes such as merchandise including prints, stickers, t-shirts, etc.
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Sell the artwork in any way.
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modify, edit, feed the artwork into AI generators, or repurpose the commissioned artwork.
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post the artwork WITHOUT proper credit to the artist [artist’s name]
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sell or use the artwork in any blockchain-related technology, including NFTs, cryptocurrency, or future inventions in the space.
The client has permission to use the artwork in the following ways:
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personal and private use.
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having prints or merchandise made by themselves or other parties for personal use.
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posting a watermarked copy online with proper credit to the artist.
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Profile photos online.
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Personal tattoos.
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As a gift for someone else.
Payment and Refunds
All payments will be through PayPal invoicing.
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payment is up front. Meaning it is required before I start work on the commission.
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Currency is set to CAD.
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An invoice will be sent once a commission has been agreed upon, the client is ready to pay it and I am ready to start work on it. Once the invoice has been sent it must be payed within a 48 hour period or the commission will be cancelled. An invoice will not be sent until the client confirms they are ready to pay it.
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Refunds for completed commissions will not be granted.
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The client may receive a refund if the commission has been cancelled, however, the amount refunded will be subject to the following:
-If the commission has not been started, the client will receive a full refund.
-If the commission has been started, the client will receive a partial refund determined by the amount of work already done.
Regarding chargebacks:
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If the client requests a chargeback or dispute with the payment at any point, they automatically lose all rights to the artwork. They will no longer be allowed to use it in any way. They will also be blacklisted and blocked from ever purchasing artwork again.
Communication, Updates, and Delivery
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The turn around time for all commissions is on average 1-6 weeks once it has been started. This does not include waiting list times. Progress on all commissions can be checked through the queue (Trello) as it is updated regularly.
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deadlines, if any, need to be discussed and made clear before the art is started and will result in an extra rush fee of $100 CAD.
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I may complete the commission faster or slower than the usual time depending on many things such as health issues, unexpected events, other work. Please note that I am unable to work on your commission every day. I usually take weekends off and may occasionally have to take an extra day to rest my wrist to prevent injury. The client will be notified as soon as possible if any delays happen that would cause the commission to take more than 6 weeks to complete.
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All information for the artwork is required before I start. Changing the concept or subject mid way through work may result in cancellation of the commission.
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I will provide a sketch draft and a flat colour draft of the commission to the client for approval. After the flat colour draft has been approved no further changes will be made to the artwork. revisions and changes can only be requested during the sketch and flat colour drafts, this includes; 4 free revisions. More than 5 changes will result in an extra fee of $20 per change. an additional invoice will be sent for the fee. Minor colour/marking changes or mistakes on my part do not apply.
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I will keep the client updated with the progress of the commission until it is completed.
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Too frequent update requests (daily, hourly) and rushing will be considered harassment and will result in the cancellation of the commission.
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Completed commissions will be delivered through google drive as digital files. (an unwatermarked file for personal use and a watermarked file for posting)
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The client may request to receive a transparent background file if they would like to create items of the artwork for personal use.
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Be sure you download the images and keep them somewhere safe as the links may be deleted in the future and will no longer work.
The commissioned artwork is for PERSONAL USE ONLY. Reproduction of the artwork without permission or any evidence that the artwork was used for commercial purposes will be in violation of the Canadian Copyright Act. The artist retains rights to the artwork(s).
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If the client breaks any of the terms of service after the work has been completed they will lose the right to use the work and will NOT be refunded.
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If the client breaks any of the terms of service during the process of the commission it will be cancelled and they will be refunded a partial amount depending on the amount of work done.