Terms of Service
This contract outlines what you are agreeing to when you complete and submit a commission request form. This also applies if the commission was requested using another form of communication apart from the form found on my website.
I. Scope of Work:
1. The Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following Artwork, hereafter known as “the Artwork”:
(a) Four ( 4 ) Thumbnail Sketches, unless the Artwork requested is a sketch or non-standard commission, such as a YCH or limited time event commission.
(b) A low resolution .jpeg with a watermark showing the completed Artwork.
(c) A full resolution .png file or flattened .psd file without a watermark of the completed Artwork.
2. In the case that the Artwork's specifications include the Artwork in the form of a .psd with multiple layers split in a specific way, the Client is agreeing to the purchase of the rights or copyright license as outlined in the copyright section and compensation will be agreed upon before the Artwork is started. This is still effective for commissions that would normally be done on a single layer if the rights are being sold along with it, and can be requested to be divided into specific layers.
3. Artist agrees that the Assets shall be artistically produced with aesthetic content technically correct and of a quality equal or similar to current standards for Assets of similar character and purpose.
II. Compensation:
1. Upon reaching an agreement for the description of the Artwork requested and quote, the Client agrees to the following compensation:
(a) Send half ( 50% ) or full ( 100% ) payment within 24 hours or the commission slot will be forfeit.
(b) If the commission slot has been forfeit, there is no guarantee that a new slot will be available or agreed upon at a later date.
2. Once the initial deposit has been received, Artwork will be started when they are next in the queue. Upon approval of the final Artwork, the second half of the payment will be due. Any additional costs or price reductions that happen due to canceled work, revisions, coupons, etc. will be processed at this time and final quote will be sent.
(a) If the initial deposit was 50%, the adjusted second payment will be due before the final Artwork will be provided in the format agreed upon.
(b) If the initial deposit was 100% of the cost and no additional costs have been accrued or deducted, the Artwork will be provided upon completion.
(c) If the initial deposit was 100% of the cost but the cost has changed due to any reason, either a refund will be given for that amount along with the completed Artwork, or the final payment for that given amount will be due before the Artwork is provided.
3. During the process of completing the Artwork, if the Artwork is not a sketch or non-standard commission such as a YCH or limited time event commission, the Client is allowed two ( 2 ) minor revisions for free. Minor revisions are defined as revisions taking 15 minutes or less to complete. If the Artwork is a detailed rendering, the Client is allowed three ( 3 ) minor revisions. Thumbnail revisions count as minor revisions. The Client may instead forfeit the two ( 2 ) free minor revisions in lieu of one ( 1 ) free major revision. A major revision is defined as a revision that would take more than 30 minutes but less than 33% of the total work time to complete.
(a) If a Client wishes to add minor revisions, they will start at $15 per revision.
(b) If a Client wishes to add a major revisions, they will cost $30 per revision.
(c) The Client may add any combination of minor or major revisions up to 5 total. At this point, the Artwork will be taken to completion and the full payment of all the extra costs will be expected before providing the finished Artwork.
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(d) If a revision is deemed to be too extreme that it fundamentally changes the nature of the work, such as adding more characters, changing an entire pose, or anything else considered too extreme by the Artist, the Artist has the right to refuse the change. At this point, either it is agreed to continue the artwork with one of the approved types revisions, to continue as originally intended, or to be cancelled altogether. Cancelled Artwork at this stage is subject to compensation as detailed in the Termination section.
4. There may be additional costs that are associated with specific details of the expected Artwork. These costs may vary on a case to case basis and will be agreed upon in the initial quote. If you're not sure if your specific request would fall under these categories, just ask and we'll reach an agreement before beginning any work. These include, but are not limited to:
(a) wings
(b) extreme detail (in character or background or both)
(c) additional characters
(d) characters with extra limbs, heads, taurs, etc
(e) nswf art (fetish, sex, extreme gore, etc.) for 10% more of total
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(f) discounts and multipliers are applied after all other fees have been combined
III. Termination:
1. The Client may terminate the agreement at any time by sending in written notice to the Artist by the email provided ( enigma4you.art@gmail.com ). Upon termination, the Client agrees to the following compensation:
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(a) Artwork Not Started. If the Artist has not begun work but an agreement had been reached and the down payment, partial or full amount, has already gone through, a refund will be issued minus 10% of what the agreed upon price for the completed Artwork would have cost, as compensation for loss of time.
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(b) Partial Completion. If Artist has partially completed the Artwork, Client agrees to forfeit to the Artist the initial (50%) down payment. If the Client had put a 100% down payment, half (50%) will be refunded If this Agreement is terminated by Client after Partial Completion by Artist, Artist shall retain ownership of all rights of copyright and the original Artwork, including but not limited to completed artwork, sketches, and comps.
(c) Full Completion. If Artist has completed the finished Artwork at the time of cancellation, Client agrees to compensate the Artist in full as otherwise provided in this Agreement.
2. If the Client terminates the agreement without notice, the Client forfeits their deposit and will not receive any part of the Artwork, even if it has been completed.
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3. The Artist may terminate the agreement at any time for whatever reason and will issue a full refund of the deposit if that happens.
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4. If the Artist is forced to terminate the agreement due to disagreements, griefing, harassments, or any other reason in the Client's control, the deposit is forfeit and no further work will be completed. Any work that has been done will not be provided.
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IV. Copyright ©
1. By default, unless otherwise specified, the Artist reserves the common-law copyright to all Artworks commissioned by the Client, including all reproduction rights and the right to claim statutory copyright. When asked, the Client must properly identify the Artist as the creator of the Artwork. The Client does not have a proactive duty to display the Artist's name together with Artwork, but Client may not seek to mislead others that Artwork was created by anyone other than Artist.
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2. In the event that the Client wishes to purchase a license to the rights of the Artwork, or to purchase the copyrights completely, these requests must be specified in the original request. Any and all details regarding the exact rights that will be sold or licensed (including, but not limited to, the right to display, modify, transmit, transfer, sell, and create derivative works) must be explicitly stated and the time limit, royalties, limited purposes, costs, and other information will be negotiated and agreed upon by both the Artist and Client before any work can begin. If this arrangement is reached, the Artist agrees to the temporary or permanent transfer of rights according to that agreement.
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V. Unauthorized Use by Client; Indemnity
1. Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of Client’s unauthorized use of the Artwork under this Agreement, including the enforcement of this Agreement by Artist.
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VI. Warranty of Originality
1. Artist represents and warrants to Client that, to the best of Artist’s knowledge and belief, the Artwork assigned by this Agreement is original and has not been previously published or licensed to any third party. This warranty shall not extend to any unauthorized or undisclosed use of the Artwork by Client which may infringe upon the rights of any other person. Client agrees that it shall hold Artist harmless for any claim or liability caused by Client’s use of Artist’s product to the extent such use infringes upon the rights of any other person.