Terms of Service
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By Rainbow-Foxy   |   Watch
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Published: April 15, 2014
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 though FurAffinity notes (www.furaffinity.net/user/rainb…), deviantArt notes (rainbow-foxy.deviantart.com/), or inquire about commissions via the artist's Instagram and Twitter. Due to occasional online server complications, Email is 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 will cause a commission to be refused or cancelled outright.

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 once a week.

2.4. The Client understands that the Artist is a full time student, and schoolwork will take precedent over all commissions. The Artist may be unavailable for contact, or slow to respond during the school season (Mid January - Mid May, and Mid August - Mid December).

2.5. 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.

3.3. Payment is due after details have been established and a price agreed to. Payment is due in full within 72 hours. If the Invoice is not paid by the allotted time, the Artist will cancel the commission due to lack of payment and the Client will 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 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.

4.2. Please condense revision requests into as few emails as possible, 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 after the initial revision email may 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). Please be clear and concise in the description of the change. The Client can use other works or photographic references to help get their request across.

4.3. Minor revisions will incur a minimum surcharge of $5.00 USD. Minor revisions up to the Refined Sketch stage are free.
- Examples of minor revisions include: changes to hands or feet, changing facial expressions, small accessories like jewellery, adding small simple markings, shifts in hue/saturation/brightness, or simple flat colour changes


4.4. Major revisions will incur a minimum surcharge of $10.00 USD. Major revisions during the Gesture or Rough Sketch stage are free.
- Examples of major revisions include: changes to position of limbs or torso, 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 colours have been added


4.5. Revisions to the pose, character shapes, expressions, etc. cannot be made after the sketch is refined. Hue/shade/saturation
revisions on flat colours are free. 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 farther ones. 

5.3. 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. A refund will not be given once work 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 (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 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
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
- 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 a chargeback or reversal of payment will constitute a breach of these terms, and that this grant of rights will be revoked.

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.

By contacting me for a commission and sending payment, you agree to these terms of service.


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