T. O. S.

*By ordering a commission, you agree that you have read this TOS. In the future, I will not be responsible for you if you do not read it. TOS is valid only for commissioners who placed an order after January 1, 2024.

Introduction

1.0. The client provides a character reference in advance, and complete, clear requirements for the commission before starting work. The more description, the better.
1.1. The client guarantees that the character and reference provided to the artist are wholly owned by the client.
1.2. The client guarantees that he has the right to enter into this agreement and is responsible for decisions and changes in the process.
1.3. The artist guarantees that the work is 100% original and in accordance with the specified style.
1.4. The artist has the right to use images and/or educational materials free of copyright.
1.5. The artist has the right to refuse and/or change someone else's copyrighted image to which the client refers. (Clause 1.6)
1.6. The artist guarantees that he will change the original concept of someone else's copyrighted art that the client proposes, but will leave a similar idea.
1.7. The artist reserves the right to reject the project before starting work if a particular topic does not suit him (negotiable).
1.8. The artist has the right to evaluate the amount of work and coloring of the character, as well as take an additional fee for this in the amount of 15% of the fixed commission price. The artist also has the right to charge an additional fee of 5 USD for each correction after the completion of the commission.

Restrictions

2.1. The artist will not create images with children, military, coprophilia, offensive or inappropriate content at any cost.

Schedule and process

3.1. Completion of work varies from 2 weeks to 12 months depending on the complexity of the project.
3.2. The timing depends on the complexity and workload.
3.3. The artist provides all stages of commissions for approval and/or changes, and only if there are updates.
3.4. The completed commission is sent in the original resolution of the PNG format with a link to Google Drive.
3.5. The client has the right to set a deadline only if the commission is ordered for a birthday, Valentine’s Day, New Year and Halloween, and is discussed before the start of work.

Changes

4.1. The client has the right to make free changes to the commission before the commission is completely completed.
4.2. Changes may affect commission completion times.
4.3. The client has the right to make changes to the commission after its completion only for an additional fee of 5 USD per each.

Connection

5.1. Communication will occur throughout the commission process.
5.2. It may take up to 1 week for the artist to respond to ensure updates.
5.3. The artist has the right to ignore the client if he goes off on other topics of conversation that do not relate to the commission.

Copyright

6.1. The artist by default retains copyright and ownership of the image for further publication on social networks, printing, advertising, and much more if this has been agreed with the client. (Clause 6.2)
6.2. The client has the right to remain anonymous for certain reasons and ask the artist not to publish an image with his character anywhere.
6.3. The artist may use the rejected work-in-progress for other projects, which will later be changed to other characters.
6.4. The client has the right to use the completed commission only for personal purposes; avatar on social networks, banner, posts, print for decorating personal space without the right to monetization.
6.5. The client cannot claim the commission as his own and must indicate to the artist on social networks where he posted the commission.
6.6. All commission rights, which include character design, logo design, are completely transferred to the client.

Payment and fees

7.1. The client pays a non-refundable deposit of 10% deducted from the booking fee prior to the start of the sketch phase.
7.2. At the stage of the painted sketch with shadows, or in the case of a simplified commission with a line at the line stage, the client is required to pay 50% of the commission cost (60% has already been paid in total).
7.3. At the stage that approaches the completion of the commission (assessed by the artist), the client is required to pay the remaining 40%.
7.4. Invoices will be sent to the client via PayPal to the client's PayPal email address when the artist is ready to begin work.
7.5. Prices are indicated in US dollars and are paid via PayPal.
7.6. The client guarantees that he will not request chargebacks through PayPal without notifying the artist.
7.7. The artist takes an additional 5% commission to cover the fees that PayPal charges.

Cancellation and Refund

8.1. If the client requests a cancellation of the commission before the start of the sketch stage (clause 7.1), the client is also required to pay an additional 15% of the cost of the commission for damage.
8.2. After the start of work, a refund is not possible unless initiated by the artist (clause 8.3)
8.3. The client has the right to a refund if the completion of the commission exceeded the maximum permissible period (clause 3.1). The artist will provide a partial refund in accordance with the amount of work performed, with the exception of clause 7.1.

Confidentiality

9.1. The client and artist guarantee that all personal correspondence is confidential and will not be made public without the agreement of both parties.

Compensation

10.1. The client compensates the artist for losses associated with the correction of his art by a third party and/or for commercial purposes in order to earn money.
10.2. If the commission is not provided in accordance with arrangements that were beyond the control of the client, the artist must make free changes to the client's satisfaction.