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Terms of Service

Thank you to Kawa-kun for TOS template!

By purchasing my services, you automatically agree to the terms and conditions specified here. Please read this entirely and carefully, as I will refuse your commission if you do not agree to the following terms.

USER AGREEMENT

By commissioning me, you agree that you have read and accepted all the terms described here.

You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me.

Those who violate these terms will be added to my blacklist indefinitely.

GENERAL

Client

  • You, the client, must be 18 YEARS OR OLDER in order to request a commission from me.

  • You may display my work on external sites as long as it is visibly credited and linked back to one of my social media pages.

  • You may not claim my work as your own.

  • You may use the commissioned artwork for personal use including but not limited to: avatars, phone/computer wallpapers and/or personal website/social media profile displays.

  • You reserve the right to print or create a physical reproduction of the commissioned artwork as long as it is for your personal use only.

  • You may not use the commissioned artwork for commercial redistribution or external projects including but not limited to: posters, t-shirts, public flyers, merchandise, etc. unless this was explicitly discussed with me prior.

  • You are not authorized to change, modify, edit or use my works without my permission.

  • You are not authorized to trace over my artwork in any way.​

Artist

  • By commissioning me, you are purchasing my services as an artist only.

  • I reserve the right to post the commissioned artwork in my gallery or onto any of my social media platforms.

  • I reserve the right to decline any project or client if I am uncomfortable with your request.

  • I reserve the right to refund you the full amount paid for a commission if I no longer wish to work on your project for any reason.

WILL DRAW

  • Humans/Humanoids (Any gender)

  • Anthro

  • Monsters

  • Masked/Armored/Robotic characters

  • NSFW/Suggestive/Romance art

  • Some fetish art (Ask me if you are unsure!)

  • Fanart

WILL NOT DRAW

  • Underage characters

  • Misogynistic/Racist/Homophobic/Ableist/Transphobic content
  • Illegal acts such as bestiality/sexual assault/etc.
  • NSFW of real people

Commercial Use

If you would like me to draw a particular theme/subject that you do not see on the above lists, please feel free to contact me for clarification.

  • If you, the client, wish to order a commission for commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.

  • The following cases are considered commercial use: Reproducing and selling the commissioned artwork, publicly or privately, any cases where you receive profit from a medium/platform where you have posted the commission artwork, such as Patreon, Youtube, Twitch, a personal site, etc.

  • Commercial projects can widely vary, therefore the price increase of a commercial commission order will vary depending upon the project. On average, there will be a 100% price increase at minimum. For projects such as commercial comics intended for distribution, royalties may also be discussed.

Copyright

  • I, the artist, reserve the right to sign and/or watermark my artwork. You will receive a full resolution image of the commission artwork, however, my signature will remain on all versions of the artwork.

  • I retain all copyright over my work, which includes the right to redistribute, reproduce or use the image as a sample for sales or self-promoion unless otherwise agreed upon. In the case of a public commission, I may do whatever I wish with the art (eg. post it to other social media sites), but will give proper credit for ownership of the character's design, etc.
  • I will never claim the rights to a character design unless it was one of my own designs. Additionally, I will not reuse/resell the artwork for personal or commercial projects unless agreed upon.
  • In the case of an adoptable design, I will not reuse/resell the rights to the design once ownership is transferred to you, the client.

Privacy Requests

  • If you, the client, wish for your commission to be private, please state so during the ordering process.

  • A privacy request entails that I am not allowed to share any WIPS and/or the final project on social media. However, this also means that you must refrain from sharing any such spoilers yourself. This is especially important to consider if you are commissioning a long form project such as a comic, etc.

  • I reserve the right to charge a fee if I deem fit. This will only really apply to commercial commissions, not private/personal ones. Fees for privacy requests start at +10% of the total quote, however prices will differ depending on the size/complexity of the project.

COMMISSIONS

Ordering

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  • You, the client, are expected to fill out the Commission form listed in the "Commissions" section of this website. If my commissions are currently open, then there should be a link to a Google Forms sheet. That is the commission form.

  • I use a slot-based system for commissions. This means that I will periodically give everyone a window of time to submit commission forms. When all commission slots are filled for that time period, then form submissions will close until I complete the current batch of commissions.

  • Commissions are not on a first-come, first-serve basis. I choose commissions based upon my interest in the subject as well as my own capabilities as an artist.

  • If you do not receive a commission slot, you may submit another commission form (with the same idea or a different one) when submissions open up again. There is no limit to this.
  • If I am especially interested in your idea, however, all of my commissions slots have been filled, I may put you onto a waitlist.
  • If your commission is accepted, I will contact you in order to discuss further details and confirm your slot.
  • If you are put onto my waitlist, I will contact you and inform you of such. When I finish off a commission slot, you will then be placed into that active slot. I will then contact you again to confirm whether you still wish to proceed with your commission.
  • I reserve the right to make changes to your request if I see fit, however, I will discuss it with you prior if I believe any changes to be necessary. To guarantee the total accuracy of your commission request, please make note of the required details in the form.
  • If your character is extremely detailed, I reserve the right to charge a fee to include these details. This fee will be discussed before the transaction and you reserve the right to make changes to your commission requests (eg. change the character, agree to simplified design changes, etc.) before the transaction is completed. The fee is 5-10% based upon how complex the design is.
  • Ater all details have been discussed and confirmed, I will send you a rough sketch. After the sketch has been approved, I will then send an invoice. Payment must be confirmed before I can continue your commission.

Payment

  • I will only accept USD via PayPal as payment. You are responsible for making currency conversions; PayPal should have an automatic currency conversion feature.
  • It is expected that you deposit 100% of the price after an invoice has been sent. There is an exception to this if you are ordering a bigger/more expensive project.
  • After 100% of the payment has been sent, I will continue your commission. An additional WIP of the drawing may be sent to you depending on how complex the commission is.
  • I will initiate the transaction to avoid accidental transactions. Please, do not send me any kind of payment until I have confirmed that I can accept your commission and have asked to send you an invoice.
  • Payments via PayPal are sent via the invoice method only.
  • If payment is not made in a timely manner (48 hours) after I've placed the invoice, the commission will be cancelled. If you believe that you will need more time to deposit payment, please discuss it with me before I send out an invoice and we can arrange a timeframe that works for you. I can give extensions for up to 7 days.
  • For auctions, you are not allowed to retract your bid. If you back down from an auction once, you will receive a warning. However, you will be blacklisted the next time you retract a bid.

PayPal Disclaimer

  • Please note that all of my sales are digital artwork.
  • Nothing is ever intended by either me or the client, to be physically shipped to them.
  • I am not required to ever ship any item unless it was explicitly discussed.

Refunds

  • I can refund 100% of the payment only if I have not started working on the rough sketch.
  • Once I start the rough sketch, there will be NO REFUNDS.

WORK PROCESS

Queue, Work Speed & Deadlines

  • On average, I will take 2-6 days to respond to your initial order inquiry.
  • You reserve the right to set a deadline for your commission, however, this deadline must be disclosed prior to payment. I may decline a project if there is too short of a deadline.
  • I may take two to four weeks to begin work on your project, depending on how many slots I have filled at the time. Additionally, I may take three to four weeks to complete your project. For long term or highly complex projects, this timeframe will be longer.
  • I may not work on commissions in order of their assigned slots. I will work on commissions that I feel the most inspired with at the moment.
  • I will notify you of any delays to your commission if they arise.

Revisions & Feedback

  • I will send a work in progress image after 100% of the payment is completed.
  • These images will come in the form of a JPG or PNG file as an email attachment, DM or Google Drive link.
  • The responsibility is on you to ensure your order contains the details that you want me to follow.
  • I am not responsible for any unsatisfactory element of the finished artwork if no feedback was given to amend it.
  • I will only send a guaranteed WIP for the rough sketch, however, you are free to request additional WIPs at any given time.
  • Up to two major revisions can be made during the rough sketch phase of the commission. Only minor adjustments within reason can be made afterward. Additional major revisions will incur a +10% fee.
  • Each time I send a WIP to you, I will ask you to provide feedback to me.
  • Major changes such as posing, composition, etc. will be made only in the sketch phase. Color corrections will be made in the coloring phase of the commission.
  • After the order is completed, minor changes such as color adjustments/minor details can be made if the missing/inaccurate elements are my own fault. (E.g. I overlooked details provided on the order form, etc.)

Final Product

  • You, the client, must respect that my artistic style cannot be altered.
  • I reserve the right to reject critiques pertaining to artistic skill and/or stylization.
  • Credit to me, the artist, is required when you post or use the commissioned artwork on another platform.
  • You, the client, are responsible for saving any information, images and any other digital data I may provide.
  • Any file you paid for will be available from me for a finite time only. I try my best to preserve all of my files for as long as I can. However, I cannot guarantee against computer failures or accidental deletions.

© 2023 by h3nlo

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