TERMS OF SERVICE 2021
MOST RECENT UPDATE: 06/30/2021
A. GENERAL TERMS
i. All Custom Art is to be used solely by the commissioner for personal use. It is not to be used by anyone other than the commissioner without their sole written permission. It is not to be used for publicity and/or advertising purposes, nor any commercial use unless prior agreed upon in writing with the artist. It is not to be edited, referenced, or copied in any manner. Any form of credit (be it name, watermark, etc.) on artwork completed is not to be edited or removed under any circumstance. The artwork is copyrighted to the artist, and the commissioner has paid for partial rights to the work. All custom art is transferable with characters.
ii. Edits to any commission may be requested up to 48 hours following the commissioner receiving the finished product. After 48 hours as passed, edits will no longer be offered, as the artist may no longer have access to the working file and is under no obligation to make further changes to the finished product. If the artist is at fault for a mistake (i.e. missing anything clearly shown on the reference provided or explicitly included in forms) it will be fixed free of charge. Any edits prior, or not included on a reference or in the form, will be subject to a change fee determined by the artist depending on the edits requested. The artist will not completely redo a completed work. By commissioning this artist, the commissioner agrees to acknowledge that they are paying for the artist's style and understanding of any characters provided.
iii. Credits and Intellectual Copyright of the final product belong to the artist, and are not to be profited off of under any circumstances. Claiming the work as your own or removing the artist's signature and credit is prohibited. The artist will retain the right to display any and all commissions in order to self-promote their work unless otherwise requested by the commissioner. The commissioner is granted personal, non-commercial use of the finished artwork. Contact the artist for inquiries regarding commercial work.
iv. Minimum Time Required for completion of a commission is two months (or 8 consecutive weeks) without the option for a full refund. After this time has passed the commissioner will be granted the option of acquiring a partial refund. The artist agrees to finish the commission within the given time period or offer a refund. See SECTION B.III for more details on refunds. A Rush Fee of 25% will be implemented onto the total cost of a commission if the requested deadline is less than the 2 month minimum. Due dates should be discussed with the artist ahead of time.
v. Queue Fluctuation may occur and the artist reserves the right to work on commissions based on inspiration in order to create the best possible product for the commissioner. This may result in a newer commission being completed before an older commission. The artist generally works in chronological order, but sometimes variations may occur based on inspiration and timeliness.
vi. The Artist Will Not Draw copyrighted characters, complex machinery, hateful works/items, or any offensive material. Other content may be subject to declination. The artist retains the right to deny any commission for whatever reason they see fit, with or without supplying said reason to the commissioner. If no examples of the species or item exist drawn by the artist, then the commissioner may contact the artist before placing an order for clarification on whether or not they will draw it (chances are it will be a yes).
vii. Clear Reference Images must be provided by the commissioner of their pre-existing character or pet upon placing their order (excluding custom and litter commissions). The artist reserves the right to refuse to work with references including (but not limited to): shading, large watermarks that obscure the design, and unclear posing.
B. PAYMENT & UPDATES
i. USD Commissions are required to be paid up front in full via PayPal Invoice. Payment must be received within 24 hours of placing a commission unless otherwise discussed between the artist and the commissioner prior to placing an order. If the artist has not received payment within 24 hours and has not been contacted with a sufficient explanation, the commission will be cancelled and the commissioner may be subject to a temporary blacklist. The artist will retain the right as the seller to deny a commission for any reason, with or without providing said reason to the customer.
ii. Payment Plans are available only for orders totaling $150 or more. The artist must be contacted prior to placing an order requiring a payment plan in order to discuss the details of said plan. All payment plans require a minimum of 30% payment up front as a non-refundable deposit. The finished product will not be provided, unless otherwise stated, until the payment plan has been completed. The artist reserves the right to decline any proposed payment plan for any reason per their judgement. Please refer to the Payment Plan Terms of Service document for full detailed terms. If the commissioner is to back out of the plan at any point, see SECTION B.III in regards to the refund process.
iii. Full Refunds will only be granted after the designated eight-week waiting period if the artist has not begun work on the commission. If the artist has begun to work on the commission, only a partial refund will be granted to the commissioner based on the amount of work dedicated to the commission in order to account for use of time and resources. Cancellation of a commission on the customer's behalf will not be refunded unless requested within the first 24 hours of payment and the artist has not begun working on the commission. If an order cancellation is attempted after the 24-hour period and within the eight week period, the artist retains the right to deny a refund. If the artist cancels a commission on their behalf, a full refund will be given. If a refund is issued at any point, the commission will be cancelled and the artist is under not requirement to complete it. The artist reserves the right to re-purpose any cancelled commission at their leisure. If a commission is cancelled and the artist has begun working on the commission, then the commissioner retains no right over the artwork and may not use it in any way.
iv. SnailMail, eChecks, Venmo, Apple/Google Pay and similar services are not considered valid methods of payment at this time. If payment is sent as an eCheck, it will be refunded and the commissioner will be asked to resend payment, or their commission will be cancelled.
v. Work-in-Progress Updates can be requested at any point by the commissioner after the artist has started working on their commission. The artist will not be held responsible to contact the commissioner with WIP updates of their commission. Exceptions may be made, but must be discussed prior to placing an order, particularly for larger and more detailed commissions. The artist reserves the right to contact the commissioner on their own time if any questions, concerns, or if need for approval arises. The artist will post updates on the status of public commissions on their Trello page unless otherwise requested.
C. LITTER COMMISSIONS
i. A Cost Division will be in place if the litter pup is sold for over double the base price. By commissioning the artist for a litter design, you agree to adhere to the following statement: Under the circumstances that a litter design is sold, prior to, during, or following the initial sale/auction by the original commissioner, for more than double the commissioned price, the excess profits made from the sale must be split evenly (50/50) between the commissioner and the artist.
ii. The Maximum Cap is two litter designs per pair of parents in order to create the most unique and creative designs without applying stress. Exceptions to this rule are made, but must be discussed privately between the artist and the commissioner prior to ordering.
iii. Commission Denial may be due to, but not limited to, any of the following reasons: complex or uninspiring parents, black or grey-lists (whether it be the commissioner or a possible second character owner), insufficient communication, etc. The artist reserves the right to deny a litter commission at any point, with or without stating a reason. Commissioners suspected of purchasing art on the behalf of a black/greylisted user may be subject to denial.
Questions or Concerns?
If you have any questions or concerns regarding any articles of this Terms of Service, feel free to reach out to the artist on any social media site. For quickest response, message them on Discord (Pigeon#0666) or email them at email@example.com.
i. NSFW artwork costs an additional 10% of the final cost of the commission. The artist will not draw included acts, though not limited to, on this list. Contact the artist for any other questions about what they will not draw.
ii. Complex Designs will incur a 15% additional fee added on top of the final cost of the commission due to extra time spent on the process of the artwork. Complex Designs are defined through the following: more the 5 colors, excessive gradients, excessive small details, or intricate and detailed accessories. The artist reserves the right to deem a character complex for any reason not listed above if they feel it will add time onto the process of the artwork.
ii. Privacy must be requested ahead of time or at the time of ordering with commissions. If not requested or clearly stated in the commission then the artist retains the right to host a public or private stream working on the commission. The artist is not required to notify the commissioner if they are streaming and working on their commission, nor does the commissioner retain any right to request a stream of their commission. The artist decides whether or not and when to host a stream.
iii. Custom Characters may be resold, traded, and bred. They may be subject to other rules, specified at the time of the commission. Customs may not be resold for more than the price paid at the time of the initial commission unless they have acquired extra art.
iv. The Artist Retains the Right to update Pricing and Terms of Service at any time. Any updates are implemented immediately to any commissions following. Updates will always be publicly announced on a commissions post or topic by the artist.