Terms of Service - Commercial
Please read these Terms carefully before commissioning me (the “Artist”). By commissioning the Artist, you (the “Client”) agree to be bound by these Terms.
I. Rules of Conduct
The Client is responsible for providing as much detail as they can about the commissioned illustration (the “Artwork”) to avoid miscommunication. Any missing details or vague wording is subject to interpretation by the Artist.
Both the Artist and Client are responsible for replying to correspondence emails that contain questions within a reasonably timely manner. The Artist reserves the right to delay or suspend the Artwork until a reply is received. In cases where a reply is not received in excess of 3 months, the Artist reserves the right cancel the Artwork.
Communications regarding the Artwork shall be constructive and objective.
II. Payment
The Artist will invoice the client via PayPal after approving the Artwork request. The invoice must be paid for in full before the Artist will begin on the Artwork. The only accepted currency is US Dollars.
If the Artist does not receive payment before the period the Artist is expected to begin the Artwork, the Artist reserves the right to delay or cancel the Artwork.
The Artist will not ask the Client for any additional payments such as royalties for the Artwork after it has been delivered.
III. Cancellation and Refund Policy
The Artist reserves the right to cancel the Artwork at any time. Cancellations and refunds are handled on a case-by-case basis.
A cancellation will result in a full refund under the following conditions:
The Artist cancels the Artwork without a valid justification.
The Client cancels the Artwork under the condition that the Artist has not begun any work on the Artwork.
The Client cancels an in-progress Artwork under the condition that the Artist has been inactive or unable to provide an update within a period of 3 months or longer.
A cancellation will not result in a refund and the Artist will retain all of the ownership rights of the Artwork under the following conditions:
The Artist cancels the Artwork as a result of the Client violating the Terms outlined within this agreement.
The Artist cancels the Artwork under the condition that the Artist has been unable to contact the Client after a period of 3 months or longer.
The Client cancels an in-progress Artwork without a valid justification.
IV. Process
The Client may receive multiple works-in-progress updates (“WIPs”). After receiving these updates, Clients are entitled to make suggestions. The Artist reserves the right to decline suggestions. Suggestion correspondence in excess of three iterations may be subject to additional fees, to the Artist’s discretion.
The Artist may also ask the Client for approval of a certain aspect within the Artwork. Upon approval, the Client forfeits their rights to suggest any changes to the specified aspect. The Client may opt to forgo this approval process, but in doing so, forfeits their rights to suggest changes to the Artwork.
The Client may request a WIP from the Artist at any time before the Artwork is completed. After requesting a WIP, the Client cannot request additional WIPs within 20 hours.
The Artwork will not be marked with the Artist's signature unless permitted to do so by the Client.
V. Delivery
When the Artwork is completed, the Client will receive an illustration digitally in the form of a .png or .psd file via email, depending on the format of the Artwork. The Artist will not ship any physical items under any circumstance.
Upon the Client's approval of the completed Artwork, the Artist is no longer obligated to make any revisions to the Artwork, except under the condition that the Artwork requires additional revisions in order to be workable by a third party. Such revisions will subject the Client to additional fees, under the Artist's discretion.
It is the Client's responsibility to store, back-up, and retain the Artwork's files. The Artist is not liable to replace any missing files that have been previously delivered.
Upon receipt of a completed Artwork, Clients have no right to request a refund or file a chargeback against the Artist under any circumstances. Clients who violate this Term will forfeit to the Artist all of the rights to the Artwork and will be unauthorized to use the Artwork in any capacity.
VI. Usage
It is the Client's discretion to permit the Artist to broadcast or display the Artwork on any platform. If the Artist is not permitted to broadcast or display the Artwork, the Client may be subject to additional fees.
Unless otherwise stated, all Artworks are licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The Client is authorized to redistribute or sell the Artwork for commercial purposes.
The Client may display or transmit the Artwork on any platform under the condition that they must identify the Artist as the creator of the Artwork. The Client may not display or transmit any WIPs or incomplete material of the Artwork without the Artist’s explicit approval.
The Client may not edit, modify, or transform the Artwork without the Artist's explicit approval.
The rights to the characters represented in the Artwork belong to their respective owners.
If the scope of the Artwork includes the creation of an original character by the Artist, the Artist transfers the ownership rights of the character to the Client upon completion. The Artist retains the authorship rights of the character.
VII. Indemnity and Release of Liability
The Client agrees to cover all expenses incurred against the Artist as a result of the Client's violation of the Terms, including but not limited to PayPal dispute charges and attorney's fees and costs.
The Artist is not liable for any damages caused from the Artist's failure to deliver the Artwork within a specified timeframe. The Artist is not responsible for any claim or liability caused by the Client's use of the Artwork.