WARNING
LAST UPDATE: 02/04/2023
TOS changes will be communicated to commissioners. If you have not been notified, then the TOS changes do not affect your commission.
Upon sending me a commission request, you acknowledge that you have read and agree with the terms in my TOS. Violating my TOS will result in automatic blacklisting without warning.
This agreement is between I, the Artist, and you, the Client, for work services performed on a project known as the Work or the commission.
RULE ONE
Ordering...
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References must be clear and full in color. Please no description or black and white references.
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I, the Artist, will not design props or extra items for you, the Client. You must be able to provide clear/complete references for everything you would like me to include in your commission.
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I, the Artist, have the right to refuse projects and requests according to my discernment and capabilities.
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I will not reserve or hold commission slots.
RULE TWO
Payment...
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Please do not pay until I have given confirmation and accepted your commission request.
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All payments are to be made fully upfront if the Work value is under $500. For Work with a value over $500, a partial payment plan may be granted to you, the Client, by me, the Artist. During a partial payment plan, the Client provides a 50% downpayment before the commission begins with the remaining 50% due at "Rough Colour [60%] stage.
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Rush fees will incur if you, the Client provides a deadline within 2 months or less. Fees will be negotiated before I send an invoice.
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An invoice will be sent to you, the Client, when the commission is ready to start. When paying the invoice, please include your username and social media in the notes.
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As per Paypal's ToS, I will cover the Paypal fees from the invoice.
RULE THREE
Cancellation...
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I, the Artist, reserve the right to cancel a commission if the payment has not been made in a timely manner.
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You, the Client, may request to cancel your commission, however, if it has been started I will keep a percentage of the payment. You will receive a PNG file of what has been completed and a partial refund.
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Partial refunds will be given depending on the stages the commission is at: Consultation [90%-95% Refund], Sketch [70% Refund], Rough Colour [40% Refund], Painting [10% Refund], Delivery [No Refund]
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Partial refund at 'Consultation' phase depends on the time I, the Artist, and you, the Client, have spent discussing the commission work AND whether I, the Artist, has presented any compositional ideas.
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I will only give a full refund if the commission process has not been started at all or if for any unforeseen reason I cannot complete the Work and it is significantly delayed by 4 months past deadline.
RULE FOUR
Process...
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Consultation [5-10%] âž” Sketch [30%] âž” Feedback âž” Rough Colour [60%] âž” Feedback âž” Painting [90%] âž” Delivery [100%]
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Consultation phase is to present composition ideas or clarify commission order.
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I, the Artist, will send WIPs if requested. For commissions with feedback rounds, WIPs will be automatically sent for checking.
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I, the Artist, reserve the right to modify, reuse and repurpose any unused process work for future projects, personal or otherwise.
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The client will only be able to 'save/keep' the process work if they pay for it.
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The Client is never permitted to edit/modify, sell, distribute, make merchandise, claim credit, or use the process work for advertising/branding/promotional or any sort of commercial usage (including NFTs).
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The process will likely be posted i.e. on Twitter and/or streamed on Twitch or Youtube unless you, the Client, request otherwise before project begins. A NDA or confidential commission status may be subject to a +25% fee.
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If I have made an error due to misinterpreting poor references or unclear/incomplete descriptions, I am not required to correct it.
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I reserve the right to deny your request for corrections during the feedback stages if this occurs.
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Feel free to contact me if you, the Client, would like updates on your commissioned piece, however, please do not harass constantly for updates. I will reach out immediately if there are any issues or delays.
RULE FIVE
Feedback Edits...
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There are generally 2 rounds of feedback in the commission process.
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First feedback round will only allow minor changes to pose and expression (such as arm/leg positions or head angle).
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If I, the Artist, am given no instructions/free reign for the pose but then you, the Client, requests to completely change the pose, I reserve the right to decline, cancel, and fully or partially refund the commission.
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Second feedback round is a final check for any mistakes regarding character details.
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This is compared with the reference(s) sent to me during the commission process. It is to ensure I have not mis-drawn any character details.​
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Each feedback round only allows 3 edits so please be specific and clear. If you need time to consider your edits feel free to inform me. I am not responsible for misinterpreted edits due to poor instruction.
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I will not count any edits or corrections based on my own error (any errors that are not due to misinterpreting poor references or unclear/incomplete descriptions) into the 3 edits.​
RULE SIX
Artwork Rights...
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I, the Artist, retain original copyright and ownership of the Work, which includes but may not be limited to redistributing, reproducing, advertising, displaying the Work in my websites, social media and portfolios according to my discretion. I have rights to repurpose unused process work for future projects, personal or otherwise.
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Clients are granted exclusive rights for personal use of the Work produced as agreed upon, which must not be transferred to any other parties. Personal use includes: Client's social media profile picture, display on Client's Toyhou.se, Client's personal device's wallpaper, and personal physical printing by the Client that is not for sale and not for any kind of distribution to any other party. (Clients are never permitted to print and distribute personal use Work amongst friends or other parties).
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Clients cannot reupload or repost the personal use Work on any site without my permission and proper credit.
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Clients are never permitted to claim credit, edit or modify the Work.
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Any Work done or made available to the client must not be used for AI (Artificial Intelligence, Machine Learning, AI/ML Training, NFT, blockchain or any for profit platforms or purposes. Such usage is completely prohibited and may result in legal action taken.
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Unless specified in the commission information or otherwise discussed and agreed upon, commercial licenses and reselling rights are not included.
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Without commercial licenses, Clients are never permitted to use the Work for advertising, branding, promotional, broadcast content, public video content, or any sort of monetized usage.
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Note: 'Vtuber' activities, social media posts and/or any use that is related to branding, advertising, promotional is considered by me to be commercial use. (Clients may ask for clarification before commissioning.)
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Without reselling rights, Clients are never permitted to make merchandise, distribute or sell the Work to another party or another platform or on any platform.
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Commercial licenses require additional charges of 2x (200%) the non-commercial fee listed in the commission information.
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Clients will receive a watermarked and unwatermarked version of the completed Work.
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Once you, the Client, receives the Work, it's not my responsibility if it gets lost or deleted.
RULE SEVEN
Blacklist...
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Violating any part of my TOS rules will result in automatic blacklisting without warning. I will not be notifying clients when they have been blacklisted.
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Blacklisted clients will have their commission requests declined until the status is removed. Attempting to bypass by using a third party will result in being permanently blocked and blacklisted.
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I will send a reason for commission decline and blacklisting if asked.
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Blacklisted clients will not be blocked from my social media (unless they have been permanently blacklisted).
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Blacklisted clients are free to contact me if they wish to be considered for removal from the blacklist. I may accept or decline depending on the situation.
RULE EIGHT
Agreement...
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I reserve the right to refuse to accept projects.
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By commissioning, you confirm you are at least 18 and above.
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The date for this agreement is upon the first inquiry/communication for the commission or upon the first transaction made.
