TERMS OF SERVICE
Last Updated: 03/03/2023
May change without notice.
DISCLAIMER
• By purchasing my services (art), you automatically agree to the following conditions.
• Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms.
• If you are not comfortable with my Terms Of Service and/or are not willing to agree to the conditions, you may not request a commission.
• I do not allow my art to be used for AI purposes and alike. Please do not upload it to any AI sites as this could compromise my artwork.
• NFT usage is strictly forbidden.
• If you have any questions, please contact me via Twitter (@smoochaspoon) or Email ([email protected]).
USER AGREEMENT
By commissioning me, you agree that you have read and accepted all the terms described herein.
You will agree here to the policy of using the art for PERSONAL, non-profit purposes and provide all image credits to me.
GENERAL
CLIENT
• You, the Client, will be expected to first read my TOS and understand my general Commission Prices.
• You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me.
• You may not claim my work as your own.
• You may use the Artwork for PERSONAL use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.
• You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only (ie. NOT for sale).
• You may not use the Artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.).
• You are NOT authorized to change, modify, edit or use my works without my permission.
• You are NOT authorized to trace over my artwork in any way, including the use of the artwork as a “base.”
• By placing an order, you agree to these terms and conditions. Please read these terms carefully.ARTIST
• By commissioning me, you are purchasing my service as an artist only.
• I reserve the right to decline any project or client for any reason.
• I reserve the right to post your finished artwork on my portfolio or social media unless otherwise agreed upon with the client.
• I retain all copyrights over the commissioned work.
• I will not profit further from the commissioned work unless the client breaks TOS.
COMMISSIONS
ORDERING
• The client is expected to fill out the Commission Request form on my Artistree.
• The client will then get a reply from me discussing the details (if needed) as well as a confirmation of your slot.
• If the client fails to respond after 3 days of initial contact, I will assume they no longer want the commission.
• If the subject matter is extremely detailed, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (eg. change the character, agree to simplified design changes) before the transaction is complete.
• Please make the request detailed and concisely worded with minimal abbreviations, so as to make the note clear to read. The more information, the better!
• Provide multiple, clear, neat reference images.
• Detailed descriptions are also acceptable! Please be aware that the commission will be my interpretation of the information given.
• State choice of file dimensions/ratio. Otherwise, work will usually be formatted at 2500x2500 pixels with 300 DPI.
• The client reserves the right to set a deadline for the commission. This deadline must be disclosed prior to payment.
• I have the right to decline a project if there is too short of a time allowance.
• Price is calculated after ALL details and changes are established.RUSH FEE
• Rush fees are at least + 25% of the commission. Fees might vary depending on the project and the timeframe provided.
• In some cases, I am able to accept a rush commission that would bring your queue up forward significantly.PAYMENT
• I accept USD payments through Artistree, utilizing PayPal.
• PLEASE NOTE, the client will also be charged an Artistree platform fee of 6.5%. (See Artistree’s FAQ to learn more: https://artistree.io/faq#pricing-faq )
• 100% upfront payment is required before I begin on the request. No exceptions unless otherwise stated.
• The client is expected to PAY WITHIN 5 DAYS of the details and price being finalized, failure to do so means I assume they no longer want the commission. There will be no further obligation to the client.
• I am not responsible for any mistakes that are made on your part over the course of the transaction.
• Tips through Artistree or Ko-Fi are much appreciated !CANCELLATION & REFUND POLICY
•The client may cancel any time before the work has started at no extra cost. This includes the planning stage, establishing of price, and rough sketch.
• After the rough sketch has been accepted by the client, only half-refunds will be issued through the final sketching phase.
• The client will not be allowed a refund during the final stages of the commission or after the commission is finished.
• If for any reason I am unable to fulfill a commission, the client is entitled to a complete refund.
• Artistree’s refunds are done on a CASE-BY-CASE BASIS. They work with the artist and client to process fair solutions.
• Clients may NOT issue a chargeback for any reason. Doing so will result in an investigation through Artistree, and the client will immediately be blacklisted.
PROCESS
QUEUE / DEADLINES
• I will work on commissions randomly. This means I will work on the piece I'm the most inspired/ comfortable with at the moment.
• I usually take up to 3-5 days to respond to your initial order inquiry.
• The client will be informed if they are in the queue and given an estimated time for when they will be re-contacted.
• The client will be contacted again to discuss their commission in detail and notified of an estimated waiting period for the complete work.
• If due dates are discussed, it is also the clients' responsibility to ensure prompt communication. I will not be held responsible for late delivery.REVISIONS & FEEDBACK
• I will send WIP (‘work in progress’) images after 100% of the payment is completed. (These will not reflect the quality of the final piece).
• Unless I have questions, I may not show the work in progress other than the initial agreed-upon rough sketch. Feel free to ask for as many WIPs as you’d like!
• The responsibility is on you to ensure your order contains the details you want me to follow.
• I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.
• Up to two major revisions can be made during the sketching phase of the commission. Only minor adjustments within reason can be made afterwards.
• Each time I send a WIP to a client, I ask the client to provide feedback to me.
• Changes will only be made at the sketch stage. Color corrections will be made at the color stage.
• Any changes to the character or subject will be subject to a fee, and the fee will depend on the nature of the change.
• After the order is completed, minor changes such as color adjustments are allowed if missing.
FINAL PRODUCT
• There may be slight differences between the samples in my gallery and the illustration you will receive.
• The client must respect that my artistic style cannot be altered.
• Credit to me, the Artist, is required when you post or use it on another platform.
• You, the Client, are responsible for saving any information, images, and other digital data I provide.
• Any file you paid for will be available from me for a finite time only.
• Once I've completed a commission, the finished product will be a .PNG, and will be sent to you through Artistree or Email.
Thank you @kawa_kunn for the T.O.S. template!