Artist Terms of Service

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mewhaku
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Inspired in part by @/sueweetie 's ToS! Thank you for making yours available for reference.
If you want to use/reference my TOS, you may as well, credit would be appreciated if possible! I've read around a bit for ToS myself, so hope this helps.

UPDATED AS OF:  AUGUST 2017

COMMISSION JOURNAL HERE!!


Terms of Service are subject to change without notice, although if you want pinged updates feel free to ask.
If you order a commission, this means you have read, understood, and agreed to my following terms.
I have the right to refuse service at my discretion. 
(Note, if you have paid and something happened- you would get refunded obviously before I refused to finish/start any works.)

This is not meant to intimidate anyone, this is just for me to have on hand as I hopefully become a little more professional. I can provide TLDR's if needed.
I'm actually pretty relaxed- legalese is annoying, but necessary.

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I Can Draw:

Generally most subject matter! I am much better working with feral characters than anthropormorphic/human characters however-- know that if you ask me to draw a body type/character type I'm not specialized in, the quality may differ and/or I may charge slightly more.

I Can't/Won't Draw:

Gore / Serious fetish work / etc.
I would potentially consider doing light (more sensual) NSFW work, or types of work like light candy gore.
Please talk to me if you are wondering if I can't/won't draw something you'd like from me.

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General Terms for the Commission Process:

  • Please provide clear reference images (preferably digital flat color references) for any characters involved. 
  • Please explain clearly what you are requesting for your commission!
    • Any mistakes made on my behalf (e.g. misread description, missed a detail, etc) I will correct free of charge. However if the mistake is as a result of insufficient information or not mentioned to me when I accepted your commission, I am not obliged to correct or change anything for you. 
  • I do provide a sketch viewing option before I work on the linework/color of your commission. I can also send WIP images. But I will only send these things if you ask for them, or I will send something along of my own free will if I'm worried about some details.
  • I will not redrew an entire commission for you-- if you notice an error that is my fault (not a missed bit on your end) I can fix it even in a finished image, but please note that I delete .psd files every month or so. 
  • On that note, I will only provide your finished file for a month max. I do regularly clean my stash, and my computer as well, so saving a finished file and keeping it safe are on you. If you need me to hold onto it longer, please talk to me beforehand. I do not delete commissioned works from my gallery, however, so a lower resolution version may be available on DA still.
  • My turnaround time is currently less than a week/about a week. If I'm taking longer than a week, feel free to inquire as to where you finished piece is! Note, this may be extended for more complex pieces. I'll give you a warning upon acceptance of me completing the piece.

Pricing / Payment / Refunds: 

  • I ask for at least 50% of the payment up front before I will work on your piece unless we have agreed otherwise. 
    • (Ex. I may prefer full payment upon completion if you want to pay me via Paypal.)
  • Pricing is subject to change over time. 
  • Price may vary depending on the complexity of the character. 
  • I use Paypal and DA Points as payment. I use the conversion rate of 100 Points = $1.00 USD. I use PayPal. I know DA skews the conversion rate a little, but this is fine for me. 
    • If using points, I will direct you how to pay.
    • If using Paypal, I will invoice you directly. I will also complete the invoice as 'services rendered' once the commission is complete. This sends you an additional email, sorry! Don't want the 'add tracking' option forever left in there.
    • I will sometimes take other forms of currency for games I play (Flight Rising), ARPGs (PKMNation), etc, Ask for a quote if you're curious! 
  • "Normal" commissions are for non-commercial, private use. This means the commissioner cannot use the art for profit (selling merchandise with my art on it, in advertisements, etc). You may use the commissioned arts for personal prints and items, wallpapers, page decoration, character profile pages, just as long as you're not selling it in some way. You can also post the images (with credit! And links if possible! I'm always mewhaku!) elsewhere.
    • I will display these in my DA gallery/etc. 
  • Commissions for commercial use (as in, you'll be using the image in some capacity to earn money directly) should be inquired about privately. I do make logos and related graphics! I just work a bit differently on those. These images you may use to make products as well. 
  • Commissions for private use will not be posted anywhere, and I will not use them promotionally in any way. These require a extra 1.25x fee than normal. 
  • I will offer refunds within a 30 day period if there is a severe issue / non-resolution for the work. This is not offered in cases where you have buyer's remorse. I will work with you to ensure you are satisfied to the best of my ability! 
    • If I haven't started on the piece, I will offer a full refund at any point before I start. 
    • Should you file a Paypal Chargeback, I will escalate any results of that, and you will be placed on a blacklist. Sorry!

My Artist Rights:

  • I can use the completed artwork in my own endeavors, as in, I can use it for promotional purposes-- or, for more generalized pieces (aka fanart, like a random Pikachu image) I may eventually use the work for example, prints. 
    • If this is the case, I would contact you beforehand, however! I would offer you the chance to have the rights exclusively to the piece if you felt strongly about the situation.
    • Note, I would never sell work made of personal characters/species. I'm speaking about generalized artwork.
  • In regard to artwork of my species (Paralogos and Whifflings), I can use these images as I see fit for promotion / other works involving the species in particular. 
    • Note, credit is given. This is a general addendum for any artwork I draw for my species. But you always own the personal character.
    • Maybe one day we will get an artbook of these guys! That would be cool, but I'm thinking of a case like that. Casually speaking.
    • These species have their own ToS: Paralogos Terms of Service and Whifflings Terms of Service.
  • To read up more on the division of artist vs buyer of art, check out this link. It is really informative! I originally read this link on @/floramisa's ToS and it is a good resource. 
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© 2017 - 2022 mewhaku
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mewhaku
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This is mainly so like, I actually have a ToS not just for species stuff. But for a quick TLDR on species/adopt stuff: I will never revoke designs/characters, that doesn't happen in my groups (you may get banned from ARPG stuff and all but like, the character is yours man.). 
And yeah! Just ask if you're curious, I am way chill, this is just legal stuff.