Terms of Service

Terms of Service for Commissions

This is mostly a series of points to make perfectly clear for both parties (Commissioner and Artist) what’s allowed and what not within the limits of my costumer service policies and everything involving copyright. Once the commission has been accepted and in procedure to be finished, by paying, you as the commissioner are agreeing to these Terms of Service and accept both your rights given in it and your restrictions.

1) Commission Procedure
Once there’s a commission ongoing this is the order of actions to be taken:

  1. The Commissioner will provide all information asked by the Artist in a very specific format. Such format will help to avoid any confusion with subject, design and quality of the art being requested and will help the Artist to give the proper pricing from the beginning. The commission will not proceed further until the right format is used.
  2. All information regarding the commission should be sent by the Commissioner in at least 7 days from the day the commission was accepted. Any delay in sending the details without any explanation of why the Commissioner needs more time will cause the commission to be cancelled. The Commissioner should at least give during that time an approximate of when the details are going be sent. Any lack of communication during that time is cause to cancellation.
  3. With details received the Artist will draw a sketch according the given description and send it to the email address given by the Commissioner for approval. The sketch can be modified and corrected according to the Commissioner observations as long as the modification doesn’t involve for the sketch to be completely redrawn from scratch (a full redraw request is one that: involves modifying anatomy and pose of a character entirely, switch one character for another, change the general subject of the picture, change entire clothing of one character).
  4. In case a full redraw request exists, a new sketch will be provided by the artist, but the previous sketch will be charged as an independent commission with a penalty. If a second full redraw request exists, the second sketch will also be charged independently and the commission will be cancelled.
  5. Until the Commissioner receives and approves the sketch preview, a payment request will be sent to the given paypal address accordingly. Before that the Commissioner is not allowed to pay unless a very urgent reason exists.
  6. From the moment the preview sketch is sent, the Artist will have two weeks to finish a single commission piece of any quality (from digital sketch to full color). Return time for pieces of more than 2 characters and batches of more than one single commission will take more time accordingly.
  7. The commissioner is not allowed to ask for further previews of the ongoing commission until full payment is sent. After that two more previews can be asked: lineart preview, flat color preview.
  8. Once every previous stage is finished and full payment already done, the Artist will send a proposed finished version of the picture to the email address given by the Commissioner for a final revision. The Commissioner at this point can ask for modifications and corrections with restrictions regarding a full redraw request just like in c).

2) Causes of cancellation and public report
In case one of these actions are done by the Commissioner a cancellation of the slot will occur and in more extreme cases the fault will be made public.

  1. In case a commission spot is requested but the Commissioner doesn’t reply in any of the possible ways through email or notes during 7 days, the spot will be cancelled.
  2. In case a preview sketch is sent to the commissioner but no reply is received in 7 days or the payment request for the ongoing commission is sent and no payment is sent by the Commissioner during 5 days, that’s also cause for cancellation and a payment request for the individual sketch will be sent. If payment was already sent, it will be fully refunded less the price of the sketch previously sent. In the given case that the Commissioner refuses to pay for the received sketch after cancellation, it’s name will be displayed in public and will be banned for future commissions from me.
  3. I won’t support anyone’s personal agenda unless I completely agree with it. If any commissioner tries to push their personal agenda on me to support it through my art, it will be banned from requesting commissions from the Artist in the future.

3) Responsibilities from the Artist
The Artist will commit to these points:

  1. Be respectful and polite when talking to the Commissioner at any point of the ongoing commission no matter beliefs and preferences.
  2. Deliver previews and finished pieces in the appropriate time, this being an approximate of 2 weeks for commissions from sketch to full color up to two characters.
  3. Have shorter delivery times for pieces won by auction.

4) Regarding Copyright
As the creator of the artistic object, the Artist will give to the Commissioner the following rights:

  1. You as the Commissioner remain with all rights over your character and I can’t use it without your consent for further pictures without previous approval.
  2. You as the Commissioner can display in public the watermarked picture anywhere you want. You can’t display the not watermarked piece for that right remains with me as the creator of the picture. If you need a larger version of the watermarked piece, you’re free to ask for it with me.
  3. You’re free to share with anyone the watermarked piece and the clean piece, as long as nobody else displays in public the clean version.
  4. You can’t alter the piece in any way without my approval. Any desire to modify it should be notified to me before anyone else.
  5. The use of machine learning or any derived technology from machine learning (AI art-generating software) to alter the commissioned work in any way by the commissioner, will be considered an automatic buy of the respective exclusive rights. The purchase of such exclusive rights comes with a respective fee that will be charged immediately. It can go from an additional 50% of the total price to a base cost depending on the specific artwork piece. For inquiries on this fee, make sure to contact me first.

5) Me as the Artist remain with the following rights:

  1. To share and display any version of the piece anywhere, giving proper credit of the character to you as the owner. Further credit of ownership can be asked whenever I want to display the piece.
  2. To sell and use printed and digital versions of the piece as part of my personal portfolio any time as the creator of the pieces (portfolio is for us artists, like our curriculum vitae). You can always inquire if I used any commissioned pieces before this way.
  3. To use edited versions of the picture for publicity uses such as banners and ads.

6) Regarding Payment and Shipping

  1. For standard payment of any digital or traditional piece, the Commissioner has two days to pay after receiving the Payment request sent from my personal Paypal account. In case that’s not possible due to more urgent matters, the Commissioner will have to explain the situation and the time will be extended accordingly.
  2. For traditional pieces the shipping price is not included in the price in case the Commissioner wants to own the original. Shipping price will be calculated according to the shipping method and the place/country where it has to be delivered.
  3. Once an original piece is in course to your address and isn’t in my reach, I’m not longer held responsible for the package. In case the Commissioner wants to hire an Insurance policy for the package, it must be paid along with the original shipping price.