Terms of Service

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By Rainbow-Foxy
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The following are terms of service for Rainbow-Foxy (hereinto referred to as “the Artist”), relevant to all non-commercial projects. These terms will outline expected behaviour when working with the Artist and are here to protect all parties involved, in any and all exchanges. In return for the artworks that are completed and delivered under this agreement, the Client shall compensate the Artist, according to the terms of this document. In the event the Client retracts payment or fails to make any of the payments referenced in this document by the 48 hour deadline set forth, or by other discussed payment timelines, the Artist has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the agreement, (2) withhold all files, artwork, source, commitments, or any other service to be performed by the Artist for Client, (3) bring legal action.

Only when money and completed work have transferred between the Artist and Client, do the agreed rights to the works outlined in this document go to the Client. If all 3 stipulations are not yet been met or the Client has opted to return work, the agreement is rendered void and all files, artwork, and copyrights remain property of the Artist until all terms are met.

In consideration of the mutual covenants set forth in this agreement, Clients and Artist hereby agree as follows:

1. GENERAL


1.1. The Client is commissioning the Artist for the creation of an original piece of artwork. Contingent upon payment and completion of that artwork, the Artist will issue a license outlined in this Agreement (in “7. Grant of Rights”) to allow the Client to use that artwork for non-commercial purposes. The Artist does not ship commissions, including traditional pieces and badges. The Artist is neither selling nor delivering products, physical or digital.

1.2. The Artist retains the right to change both the prices and the terms of service at any time, for any reason. If these changes occur after a commission has been paid, the Client is only held to the terms and price agreed to beforehand. If these changes occur after a price has been agreed on but has not been paid, the Client is held to the agreed upon price but the new terms.

1.3. This Agreement constitutes the entire agreement between the parties. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement.

1.4. This Agreement does not create an exclusive relationship between the Client and the Artist. The Client is free to engage others to perform services of the same or similar nature to those provided by Artist. The Artist will be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by the Artist.

1.5. By sending payment, the Client agrees to all terms outlined in this Agreement. The Client agrees and understands that a chargeback or reversal of payment will constitute a breach of these terms, and that this grant of rights will be revoked. 

1.6. These terms are governed by and shall be construed in accordance with the laws of California USA, except for copyright law, which will be interpreted in accordance with U.S. copyright law.


2. CONTACT


2.1. The Artist prefers contact through Email (rainbowfoxycommissions@gmail.com). You may also contact for inquiries or questions though FurAffinity notes (www.furaffinity.net/user/rainb…), deviantArt notes (rainbow-foxy.deviantart.com/), or  via the artist's Instagram and Twitter, but will ultimately need to send an email with all information to the artist to confirm an order, and all formal commission correspondence will be done through email. Due to occasional online server complications, Email is also the most secure option for communication.

2.2. The Artist reserves the right to decline any commission for any reason, including no reason. The use of ableist, sexist, racist, transphobic, discriminatory, and/or derogatory terms, slurs, or language will cause a commission to be refused or cancelled outright. The use of manipulative, aggressive, and/or passive aggressive language and/or harassment of the artist or disrespectful, abusive conduct directed at the artist will cause a commission to be refused, or cancelled outright with no refund if the behavior occurs during work on a commission. Please be courteous, respectful, and professional in correspondence regarding commissions and content; blunt descriptions and specifications relevant to the creation of the art are welcomed, but gratuitous, descriptive, and excessive descriptions of personal fantasies, feelings, bodily reactions, etc or any comments of an inappropriate nature directed at the artist are to be avoided, and may result in a cancellation without refund if those boundaries are violated.

2.3. The Client may refer to the Artist's online queue to view the current workload and progress of their commission. If the Client does not see their name on the queue, please contact the Artist. The Client is asked that they keep update inquiries to a maximum of once a week.

2.4. . Visual references must be supplied for all commissions, barring Character Designs, unless agreed upon beforehand. Commissions done without visual references void any free revisions and will require surcharges for revisions requested (outlined below in "5. Revisions").


3. PRICING AND PAYMENT


3.1. Payment will be accepted in USD only. At this time, payment may only be made via Paypal.

3.2. The Client is asked to not send money on their own. The Artist will send a Paypal invoice when they are ready to begin work on the commission. Money received out-of-invoice will be treated as tips. The Artist will give the option to leave a tip on the invoice. Tips can be left after the work is done through ko-fi. ( ko-fi.com/rainbowfoxyart )

3.3. Payment is due after the artist contacts the client that they are ready to send an invoice, and start work after details have been established and a price agreed to. Payment is due in full within 48 hours of the invoice being sent unless otherwise discussed. If the Invoice is not paid by the allotted time, the Artist may cancel the commission and/or move onto the next client due to lack of payment, and the Client may lose their commission slot.

3.4. Payment plans are only available for commissions totalling $150.00 USD or higher. Commissions under $150.00 USD are to be paid at one time. Work will not continue past the value that has already been paid (ex: if the Client has paid enough to cover the sketch and lineart but the finished product will be colored, the Artist will do the sketch and lineart but will not begin coloring until that portion has been paid).

3.5. Final quotes given for work to be commissioned at a later date will only be valid for 7 days from the time they are given. Beyond that, a commission’s price will be re-negotiated with the client at the time the work is commissioned.


4. REVISIONS AND WIPS


4.1. All Clients will be given works-in-progress (WIPs) for commissions at each stage of the process. Please do not share or post artist WIPs online/publicly without the express permission and discretion from the artist. Revision surcharges are broken down as follows: revisions that are made because of the Artist’s error are free. Those made because of the commissioner’s error, a mutual misunderstanding, or lack of communication / information will incur a minimum surcharge of $5.00 USD plus the additional surcharge for minor or major revisions (outlined below in “4. Revisions > 4.3. and 4.4.” respectively). If the Client does not wish to receive WIPs, any revisions made to the piece will incur a minimum surcharge of $15.00 USD plus the additional surcharge for minor or major revisions (outlined below in “4. Revisions > 4.3. and 4.4.” respectively), regardless of whether they are minor or major, excluding revisions that are made because of the Artist's error. Revisions requested by the client to suit the client's needs, wants, or tastes because they were not satisfied with the artist's interpretation of the information provided is not considered the artist's error, but the client's preference, and may incur surcharges and fees for the time and labor associated with the revisions. If the client does not wish to receive WIPs, and would like to grant full artistic freedom, waiving any and all revisions,  that can also be arranged.

4.2. Please condense revision requests into one email for the relevant WIP stage, and take the time to triple check the work before asking for revisions (Ex: send one email asking to change the expression, tail, and paws, not one email for each). Revisions and follow up emails/revisions after the initial revision email or stage or revisions may incur a minimum surcharge of $5.00 USD plus the additional surcharge for the minor or major revisions associated (outlined below in “4. Revisions > 4.3. and 4.4.” respectively). Please be clear and concise in the description of the change. The Client can annotate, draw over the artist's work, or use other works or photographic references to help get their request across to the artist if needed.

4.3. Minor revisions will incur a minimum surcharge of $5.00 USD, final surcharge is at the artist's discretion. Minor revisions up to the Refined Sketch stage are free as long as they are condensed into a single revisionary email, are small reasonable requests, and are not sent in follow-up emails and additional sessions of revision, which will incur the minimum $5 USD follow-up revision fee in addition to the charge associated with the revision itself for the additional time and labor.
- Examples of minor revisions include: resizing head/hands/feet, changing hair style (as long as the resulting hairstyle is not ornate and complex), small accessories like jewelry, adding small simple markings, shifts in hue/saturation/brightness, adding a small accessory, or simple flat color changes


4.4. Major revisions will incur a minimum surcharge of $10.00 USD, final surcharge is at the artist's discretion in accordance with the time and labor required for the changes. Major revisions during the Gesture / Rough Sketch stage are free as long as they are condensed into a single revisionary email and are not sent in follow-up emails and additional sessions of revision, which will incur the minimum $5 USD follow-up revision fee in addition to the charge associated with the revision itself for the additional time and labor.
- Examples of major revisions include: changes to position of limbs or torso, changes to the posing of hands or feet, changing facial expressions, adding new clothing or adding clothing if not originally ordered, significant changes to markings (EX: changing spots to stripes), complete overhaul of palette after initial colors have been added, etc. Inquire for clarifications. Marking changes on flat colours will incur a surcharge depending on the level of revision. Revisions to colours and markings cannot be made after shading on digital paintings; they can still be made on simple shaded pieces.


5. DEADLINES


5.1. Due to the nature of the Artist's services, they cannot provide a deadline unless agreed upon beforehand, which will incur a surcharge (outlined in “5. Deadlines > 5.2.”). They can provide you an estimate, but any estimates given are not material to this agreement. If the Artist is taking too long to complete an order, please contact them privately. If they can provide a refund, they will happily do so. 

5.2. Rush jobs are not always available. Rush job surcharges start at 50% of the original order for a one month deadline, and 100% of the original order for a one week deadline. Rush jobs must be discussed and agreed to before the Invoice is sent. Commissions with deadlines will be given priority over those without. Commissions with closer deadlines will be given priority over those with further ones. 

5.3. Client must be immediately accessible for all feedback, correspondence, approvals, etc relevant to the commission during a rush order / deadline. Especially for 1 week rush orders, client must be able to respond within a few hours for work related correspondence. If the deadline is not met due to the client not easily being accessible (example, if days are taken for correspondence), the failed deadline is not the artist's fault or responsibility, and no refund will be issued on the rush order fee. If the client is accessible for quick correspondence at all times, and the deadline is failed to be met due to the artist's sole fault, the rush order fee will be refunded.

5.4. Please do not harass the Artist for a completion date. Without deadlines, commissions will be worked on at the Artist’s discretion.

6. REFUNDS AND CANCELLATIONS


6.1. The Client may cancel and request a refund at anytime. Payment remains in the Artist’s Paypal until work is completed. A full refund will only be given if the commission has not been started. Otherwise, refunds will be measured in proportion to the amount of work uncompleted. No refunds on work that is completed.  

6.2. The Artist retains the right to abandon a commission after being paid for any reason. If it is for personal reasons, other life events, or due to the fault of the Artist, the Client will be refunded in full, regardless of how much work has been completed.

6.3. If the Artist cancels due to pressure, harassment, or inappropriate behaviour on the Client’s part, the Client will be given no refund.

6.4. If, after 3 weeks, the Artist is waiting for but has not received a reply from the Client, the commission may be put on hold, and the Artist will make repeated attempts to re-establish contact. When contact is reestablished, one of the following will apply:
- If it has been more than 6 weeks since last hearing from the Client, the Artist reserves the right to cancel and refund the commission, while retaining a 15% convenience fee. 
- If it has been more than 12 weeks, the refund will instead be in the form of credit with the Artist, worth the full amount that you paid, toward another commission at the Artist's current rates.
- After 26 weeks (6 months) of no communication, the payment is void.
- If the absence was due to uncontrollable circumstance (e.g. natural disasters or severe weather), and/or both are happy to continue working together, there will be no penalty.

7. GRANT OF RIGHTS


7.1. The Client is granted a perpetual, non-exclusive, non-commercial license to:
- upload the final web-resolution image to freely available online services and
 include a copyright notice for the Artist which will include the word "Copyright" or the symbol for copyright "©" and the Artist's name and a link to one of the Artist's online galleries
- to modify the artwork to create icons, wallpapers, or other graphics for the client's own personal, non-commercial use (excluding modifications that would remove watermarks or harm the integrity of the Artist's art or business)
- use the artwork to promote their own non-commercial material, such as in banner ads or Kickstarter campaigns
- to have prints of the artwork made for their own personal non-commercial use or as gifts
- add colour to an uncoloured commission themselves
include the original artwork upon transfer or sale of the featured character(s) or intellectual property. The Artist will retain all rights granted under this Agreement.

7.2. The Client is not granted a license to:
- distribute the final hires image on any online services or post it to publicly accessible places
use the commissioned artwork for commercial projects, such as product advertising or selling one’s own material, with the artwork attached to the material, such as a cover of a music album
- claim the work as their own
- use any rejected sketches, drawings, or art from the commission process
- request or pay to have another Artist or peer draw over, finish, rework, or otherwise alter the image (with the exception for animation)


The Client may purchase additional licensing for use in commercial projects. Terms will be discussed in private.

7.3. The Artist will not sell the final image in the form of prints, charms, stickers, dakimuras, or other independent, image/character only single entity merchandise without explicit former permission and agreement from the client. The Artist may use the work for portfolios, advertisement, and any other promotional use. The Artist may use the final image in an art book art collection of their work to sell; opting out of any artist art book usage for a fee amounting to 50% of the cost of the commission is an option, please contact the artist in regard to doing so if interested or for any extra information. The Artist will not accept commissions intended to stay private forever, or for an indefinite amount of time. The Artist retains all ownership and authorship of all works produced.

7.4. In the event of a refund or cancellation the ownership of all rights granted to the Client under these terms will revert back to the Artist. The Client agrees and understands that an unauthorized chargeback or reversal of payment will constitute a breach of these terms, and that this grant of rights will be revoked, including but not limited to the reversal of granted rights to characters depicted in the artwork, which will then be transferred and be the intellectual property of the artist. Characters rights featured in commissioned artwork where the client issues an unauthorized chargeback against the artist are transferred to the artist and the character(s) become the artist's sole intellectual property. 

7.5. For all commissions, cancelled or completed, the Artist may recycle sketches/thumbnails that were rejected by the Client for other works. The Client’s characters will not appear in the modified version. The Client is not permitted to use rejected sketches/thumbnails/artwork.

By contacting me for a commission and paying the received PayPal invoice, you agree to these terms of service.


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© 2014 - 2020 Rainbow-Foxy
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