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Terms of Service

Mon Jun 4, 2018, 6:42 PM by kaons:iconkaons:



Effective Date: 6/4/2018

Terms of Service


The outline terms of service in this document are binding to both commissioner and the commissioned (myself). I have the right to edit, modify or change these terms prior to any agreement. Once payment is sent, the client agrees to the terms without exception. 

(I) Payment


  • Payment will be send through PayPal in USD, Venmo in USD, or through Amazon Giftcard in USD via email. 
  • All commissions under $100.00 USD must be paid in full PRIOR to beginning the project 
  • All commissions over $100.00 USD must pay 50% PRIOR to beginning the project and 50% AFTER the confirmed sketch and/or concept art has been approved
  • Payment plans are available upon request 
  • Prices may be subject to change for a variety of factors 


(II) CODING CopyRight and USAGE


  • All code (forum skins, websites, etc) may only be used for the purpose of one website with a single domain
  • Code modifications are always allowed as long as my credit remains visible on the website 
  • The skin or coding may be sold to any site as long as it's only ever displayed on one website
  • Reproduction of any piece of part of the code which visually resembles heavily the original design is not permitted 


(III) Art copyright and usage


  • The client is allowed to use the art in any non-commercial way which includes personal prints, avatars, banners, forum posts, holiday cards, etc. 
  • The art is allowed to be modified, edited or redesigned as long as my credit remains intact 
  • If stock art is used, the stock credit must be visible at all times 
  • The client is allowed to claim the right to their characters but not the artwork itself
  • I retain the right to ONLY display and use your commissioned artwork for portfolios and self-promotion (DeviantArt, Behance, Art Station, etc)
  • Commercial usage, in which the client will have monetary gain from  sales using the artwork, requires a commercial license which can be discussed (in general, a licensing fee of 300% the original commission price)


(IV) dESIGN COMMISSIONS, ADOPTABLES AND RESALE


  • Design commissions come with only 3 roughly sketched, alternative designs. If after rough concepts the client is still unhappy, they can request a refund up to 80% or pay an additional 10% for more concepts. 
  • Design commissions should be specific and be accompanied by music, mood boards and a strong concept of what is desired (artist's choice is also available in which I take full control)
  • I will do any design commissions or adoptables in which the direct inspiration is copyrighted material (ie books, movies, shows). An amalgam of characters used for vague references (ie he speaks eloquently like Hannibal from the show "Hannibal" but is a brilliant doctor like on "House") is okay. 
  • I will never intentionally use or reference from oppressed/minority cultures in any designs or adoptables.
  • All designs and adoptables can be resold at any price point, but I'd like to be alerted to their sale. 
  • I must always be given credit as the original designer, even if modifications are made. 


(V) Process


  • I will always strive to be as efficient and timely as possible, but art takes time and good art takes experimentation, trial and error, and inspiration. I will take at minimum a few months to complete a project and at maximum half a year. If a specific time frame is required, I must be alerted ahead of time and give a due date and buffer dates. 
  • All communication about commissions should either take place via email "elisethechemist@gmail.com" or discord "elisethechemist#4682" since DeviantArt notes are terrible. 
  • All artwork will come with one optional revision PRIOR to the coloring stage. All revisions after coloring will be assessed a fee proportional to the amount of time it will take me to fix the piece. 
  • I will show you works in progress and stream your commission at your request! However, I cannot be expected to stream only when you are online unless you agree to a very long commission time. 
  • You will be given a full-sized, large format .png file for any use. If you need any other format, I can provide upon request. 
  • All animation files will be given in a .swf and .mpg4 file format unless another type is requested. 


(VI) Customer Satisfaction


  • It is my greatest hope that you love the final product, but I also cannot operate at a loss of time and money.
  • After a commission is finished only small changes can be made by me 
  • Any and all mistakes on my part will be fixed free of charge - unless you approved the concept with the mistake.
  • For coding, I am available with a 48 hour window to perform any code fixes that may arise from bugs or my mistakes with plugins. 
  • All coding support is free to sites I host.
  • I DO NOT KEEP BACKUPS OF ALL FILES. Once the piece is given to you IN FULL, I am no longer responsible for the storage, alteration or keeping of that file. 


(VII) Cancellations and Refunds


  • I have the right to cancel and refund your money in full at any time. 
  • If you cancel a commission or request a refund, you will be refunded the full amount minus a percentage of whatever work I've done thusfar. 
  • If you file a chargeback against me, your right to any and all artwork or progress I've done is forfeit and I have the right to sell any of that artwork to a new buyer.
  • All clients who file a chargeback are forbidden to commission me again, and I retain to right to file complaints against you with whichever payment method you used publicly and privately. 


I can be reached at anytime by email or discord! 


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