Terms of Service for Private Art Commissions
*TOS is currently under construction while commissions are closed and will be updated when the new commission sheet is available.
My current TOS below applies to my old commission sheet.
1 General Terms
Prices are subject to change.
I have the right to reject any order for any reason.
Payments are made through Paypal at paypal.me/AJDatuinArt or email@example.com.
Commissions are paid fully upfront. Avoid making payment before being approved for a slot and until an invoice is sent.
3 Process & Delivery
The time I will take to start and finish a commission varies between 1 week - 2 months. Please take note on factors such as communication between us, any unforeseen health complications, the complexity of the commissioned artwork, and other projects that I may be working on.
We will work together in every phase. Phases proceed as such: sketch, coloring, and finalization. Though it is a collaborative effort, I may or may not take your suggestions into the final artwork, but it does not mean we will not discuss which works best. What I will not tolerate is micro-managing and detrimental criticism. Doing so will result in termination and no refund.
During the phases, you may:
- Offer more or new references if needed
- Offer suggestions in color, objects, subject, etc.
- Approve final sketch work, final colors, final artwork
- Tell me to just finish how I think best (the "Surprise Me" approach)
Once the commission is finished, you will receive the full-resolution image with my signature in PNG format. I am willing to offer other file types if specified. You will not receive the original source file.
Printed requests will be taken into consideration, however costs and shipping must be considered and will be priced accordingly. Please contact me directly about this option. I will only deal with US only shipping, no international at the moment.
If before completion, my file(s) for the commission become corrupt or lost, I accept full responsibility and will to the best ability continue the commission to completion. You have the right to terminate the order with a full refund if the results are too damaging or will prevent on-time completion. If at any point after completion of this commission your digital files become corrupted or lost, I am willing to deliver an unlimited amount of final files you. It is recommended that both parties backup the files into a secured storage device or cloud storage.
You get 3 free rounds of revisions on your commissioned artwork at the coloring phase. Additional revisions will be charged an extra fee. The sketching phase will allow more flexibility in revisions before locking in the composition. You must request reasonable changes in the sketching phase to help better the quality of your commission; it may be flexible, but failure to move forward may result in cancellation.
If reference images are not made clear initially, you will be charged an extra fee. Please provide clear and specific images, examples, or descriptions, especially when it comes to original characters, to avoid many unnecessary revisions.
No edits, work, or revisions will be done once you receive the final commissioned artwork.
5 Ownership & Rights
All unused sketches and electronic files created remain my property even after completion of the commission. I retain all rights to display and reuse such work.
I reserve personal rights to showcase any commission as examples of for clients and promotion, including, but not limited to, websites, social media platforms, educational purposes, publications, or any medium that displays portfolio work.
I retain all copyrights over the commissioned artwork.
I will not claim the intellectual property of the commissioned artwork.
I will not profit further from the commissioned artwork unless you violate the terms.
Commissioner (Your) Rights
You may upload the commissioned artwork to showcase in social media and websites with proper credits to me. You may not claim the artwork as your own.
You may not profit from the commissioned artwork by reselling, redistributing, making prints, nor use for commercial purposes.
You may not alter the commissioned artwork without my consent. This includes removing my signature/logo from the artwork.
You retain the rights to the intellectual property.
I have the right to cancel or refund a commission at any time for any reason.
You may cancel an order before I start on your commission.
You are not allowed to refund once I started working on your commission. However, if for any reason I am unable to start your commission, you will receive a full refund (for example, refer to section 3 under "Liability").
If I have approved your refund, do not request a Paypal chargeback. I will transfer the money back to you myself.
If you request a Paypal chargeback at any point in violation of these terms to get a refund, you will lose all beforementioned rights to your commissioned artwork and I will retain the full right to profit from it in any way I choose. I will decline the chargeback and supply Paypal with evidence of our conversations and agreement that I have completed work for you. Furthermore, I shall blacklist you from commissioning me forever.