Terms Of Service
Please read the ToS carefully as it contains a lot of important information and might answer a lot of questions you may have.
If I am asked a question that is answered here I will link you to this page.
UPDATE LOG
20/09/2024 - commissioners are not permitted to use my artwork to train AI datasets or manipulate my artwork using AI. My work is not to be associated with AI.
09/03/2021 - commissioners are not permitted to create, using my artwork or commissioned artwork, anything involving blockchain technology of any kind.
14/03/2021 - commissioners are not permitted to create NFTs of commissioned artwork.
01/06/2020 - commissioner has the right to cancel their commission and receive a full refund if they have had no communication whatsoever 2 months after payment.
By submitting a commission form you accept and agree to be bound by the terms of service provided in this document.
In addition; you shall be subject to any posted guidelines or rules applicable to my services, which may be posted and modified from time to time. All guidelines or rules are hereby incorporated into the ToS. This ToS is the same as the one in the order form and submitting that constitutes a binding legal contract that protects both client and artist.
IF YOU DO NOT AGREE TO ABIDE BY THE TERMS OF SERVICE, DO NOT COMMISSION ME.
COMMISSIONING ME MEANS YOU AGREE TO THEM AND ARE LEGALLY BOUND BY THEM.
Legal Disputes
Any disputes involving or about my commissions or services, where legal action is involved, shall be governed by the laws of the United Kingdom without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the country of England, United Kingdom.
Permission to use Characters & Age Restrictions.
You certify that you have written permission to use any and all characters featured in the art, whether they are yours or someone elses, And are able to provide such permission upon request.
You agree that you are 18+ at the time of ordering.
Order Declining
I may decline to take your order if:
You delay payment. I have the right to decline your commission if you do not pay within 48 hours of my requesting payment.
The image is asked to contain anything listed in my yes/no list as something I will not do.
I feel I will not be able to complete it to the standard it deserves.
You have sent the order during a time when I am not advertised as taking on more commissions.
I am unable to finish the commission within any time limit you may have imposed.
I am unable to understand what you're asking for in your commission.
I have suspicions that you have not read the ToS or are under 18. Even if you have permission from a parent or guardian.
I am uncomfortable with your behaviour/comments or the way in which you have contacted me.
Payment
All payments for commissions must be made in full and up front before any work will start. Payments will only be accepted via P/aypal and an invoice will be sent in UK Pounds Sterling. No other currencies will be accepted at this time.
All payments must be made within 48 hours of the invoice being sent to you, unless a different time has been agreed to before you order.
Privacy Policy
Any private information and data provided in my commissions order form will be held for a period of 6 years after the commission's completion in case of any legal issues that may arise, and as is required by UK law. Your personal information and data will never be sold or shared.
You will be asked to provide certain personal information depending on your commission type.
All commission orders will ask for:
legal name for any legal issues that may arise
email address for contact purposes
p/aypal email address for payment purposes
In cases where your order includes a physical item you will be asked for:
shipping address so that your item (and only your item) may be shipped to you.
Any and all emails exchanged during the process of commissions, and any personal information or data will also be kept for the same 7 year period.
GoogleForms (the host of my commission forms) Privacy Policy:
Google does not sell or make available your responses to third parties. Google doesn’t sell or share your form responses with third party advertisers or marketers (although the form creator might, so we advise that you contact this individual, company or organization to learn more). Google merely acts as a custodian on behalf of the form creator who controls your data, except as further described in this privacy policy with regard to public forms.
Communication
Communication will be handled via email, Telegram or Twitter.
If no contact can be established via email or private message, I will cancel your commission and refund the money in line with my refund policy.
Please make sure to check your emails/instant messages regularly.
All commission related communication must be kept impersonal and professional. I am not your therapist or agony aunt.
Please do not disclose personal situations such as your sex life or life history, or make inappropriate comments towards or about me.
Please also refrain from using 'roleplay actions', talking in a purposefully childish manner, or using 'petnames' to refer to me. (Things such as: hewwo, nya, *nibbles*, *nuzzles*, calling me things such as mister squishie, ect.)
If it's not a way you would speak when buying something in a shop or talking to complete strangers, please do not use it with me.
This will ensure that nothing will be misunderstood in the process of your commission being completed.
Image Rights and Distribution
All rights to the finished works or any artwork created by me in the process of completing your commission are retained by the artist. You may not sell, redistribute, or reproduce these images in any way without prior permission.
I, as the artist and copyright holder for an image, are permitted to:
Post your art online anywhere I wish, without permission from you. EXCEPT in cases where it has been previously arranged to keep the commission private.
Make and Sell prints of work I have done for you, with permission from you.
Make and Sell collections of work, without permission from you.
Use work I have done for you in personal portfolios, without permission.
You, as the commissioner, are permitted to:
Post the finished commission to your FA or other websites, giving credit to me as the artist wherever possible, with a link to my FA profile/Bsky/Twitter/website. The exception to this being the following sites: pinterest, we heart it, tumblr, e621, for these sites you must ask permission to post before doing so. If I refuse you may not post the work to these sites.
The high resolution version of the finished commission may be used for printing for your private collection only.
Use the commissioned work as an avatar/icon online, giving credit wherever possible via a link to my FA or website.
Use the commissioned work as a badge, credit card background, or other personal item.
Print the commissioned work for personal use.
You, as the commissioner (and anybody else) are not permitted to:
Use the work commercially in any way without prior permission. This includes selling prints, merchandise, books, CDs, ect, featuring the art.
Create a Non-Fungible Token (NFT) of the purchased artwork. Under no circumstances should my art be involved with any cryptocurrency.
A licensing fee may be required before you can use the art commercially. This can be obtained at the time of commissioning, or anytime thereafter.
Use the artwork to train AI datasets or use AI image generation software to manipulate the artwork in any way.
Refunds
Refunds MUST be discussed with me, privately, prior to one being given.
Refunds (full or partial) will only be given if:
The commissioner requests a full refund after 2 months of waiting for their commission to be started but it has not been started. (the exception being if there is a queue of 5 or more commissions in front of them in my work queue.)
The commissioner has not had any updates or communication regarding their commission after 2 months from payment. Full refund will be given.
The commissioner is genuinely unhappy with their commission (a partial refund will be given, or the work re-done) (specific reasons must be given)
I cannot start/complete the commission for whatever reason, whether it be personal problems, lack of skill, or a difficult commissioner to work with (a full refund will be given if I haven’t started, I will give a partial refund if I have started work.).
A partial, 50% refund will be given if, at any point, you cancel your commission from me if I have started work on it.
I have the right to cancel a commission and give a full or partial refund at any time for any reason. Full refunds will only be given in cases where the work has not been started. Otherwise a partial refund will be given depending on how far I’ve gotten with the image. The money I keep from a partial refund is to compensate for time I spent working on the commission.
Private Commissions & Livestreams
If you wish for your commission to remain private, and to not be posted online by me, please tell me so in the order form. Choosing this option will incur a private commission fee to compensate for potential lost sales as posting completed commissions is a large form of advertisement of my services.
This fee is non-negotiable.
If at any time I find that you have posted the work publicly yourself, I hereby retain the right to also post the work regardless of you having requested it be private. The privacy fee is non-refundable.
While I don't always livestream as I work, I may do so in some cases. If you do not want your commission livestreamed, please let me know.
If you would like your commission to be posted after a certain date, please tell me in the order form, I'm happy to accommodate these requests and they will not incur the private commission fee.
Alterations
Any and all alterations to the work (with the exception of minor colour related changes) MUST be made at the sketch approval stage.
You will be sent the sketch for approval before more work is done, if you do not like what has been drawn at all, you're entitled to one complete redraw of the sketch from scratch. Please provide additional details of what you would prefer if the entire sketch is not to your liking.
Once linework has been started no changes to the pose or details may be requested. If you absolutely MUST have something changed at this stage you will be asked to pay an extra fee depending on the complexity of the alterations requested.
Minor colour related changes (such as changing the colour of a marking or tattoo) are usually able to be made after the commission has been completed. These are the only free changes allowed after the commission is complete.
If you notice something wrong with the commission more than a week after it's completion that only requires colour changes, I am happy to correct this for free. If it's a substantial change such as edits to the lineart or adding entire markings you will be asked for a fee depending on the complexity of the change you want.
I will not make alterations to commissions more than 6 months old.
I will not make alterations to work drawn by other people.
Breach of Contract
Any breaching of the terms herein will result in the cancellation of your commission and forfeits any right to a refund regardless of the completion level of your commission.
Unfinished commissions from clients who have breached the Terms of Service may be re-used in any way I see fit after character specific details have been removed.
Chargeback of funds via Paypal constitutes a breach of contract.