TOS - Terms of Service
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Yamio's avatar
By Yamio   |   Watch
158 214 32K (270 Today)
Published: October 10, 2014
By commissioning me in any kind of way, you are agreeing to the terms of service below.

Any statement can be bound to change if discussed with me, the artist, prior to the commission.

I. GENERAL TERMS.


Please write in a clear and nice manner.
Provide neat references. 
Not a wall of text.
Any ill behaviour will not be tolerated and your commission will be canceled if it occurs.
Follow the rules provided in the commission journal, YCH or Adoptable deviation.
If you fail to follow the rules provided I have the right to decline your commission.

II. PAYMENT


All commissions must all be paid in full upfront. 
The currency accepted is DeviantArt points and USD.
The points shall only be paid through the commission widget unless stated otherwise.

III. PROCESS


Work In Progress will only be given if the commissioner personally ask for it and if the price exceed 50$/5000 points.
WIPs might be given as well if I the artist, wonder something about the commission.

The time for your commission to be completed can be up to 3 months depending on many factors such as;
Health, order of commission, complexity, Work, school or family issues.

If any of the things stated above occurs you will be notified asap.

IV. CUSTOMER SATISFACTION


I will do everything I can to make my customers happy.
However after a commission is finished, only small changes are allowed to be made.
Such as small colouring/marking mistakes.

Any great changes will come with an extra charge. 
Such as an outfit change, outfit addition or subtraction, background change or anything that makes me have to redraw it completely.


If your reference was unclear to start with, then you are not allowed to do minor changes without a fee.
Make sure to be clear in your order what you aim for.


V. COPYRIGHT / USAGE POLICY


I, the artist, hold every right to the produced drawing, not the commissioner.

Therefore I´m allowed to use the copyrighted artwork to;
Promote myself with in any place or site.
Publish books with.
To display it anywhere to my liking.
Post it wherever I want.

The commissioner are allowed to;
Use the copyrighted artwork for personal use only unless agreed otherwise.
Print the art, and claim the right of their character(s) but not the drawing itself.
Use the art to promote themselves with proper credit given to the artist.

If you break the copyright infringement in any way, every right you had to the drawing will be retracted.

The following is considered Copyright infringement:

Reproducing/using the copyrighted artwork commercially. (Meaning making money of it in any way)
Taking Credit for the creation of the artwork.
Removing any watermarks/signatures. 
altering the artwork without my, the artist´s, consent.

A Purchase of Commercial rights to the artwork will always be 300% of original price.
With commercial rights you are allowed to make any sort of merch with the artwork.
Use it in books, covers, as Props, change it to your liking and promote your own brand with.
Credit is still required for usage of the artwork, even if altered or edited.

PRIVATE COMMISSIONS ALWAYS COME WITH A 50% FEE


VI. CANCELING/REFUNDING POLICY


I have the right to cancel and refund the money for your commission at any time.
You have no right to cancel or demand a refund from the artist under any circumstances after payment are received.
If money has not been sent yet the commissioner has the right to cancel the commission.

If you file a chargeback against me, your right to everything I have ever made for you will be retracted and I have the right to sell the copyrighted artwork to new buyers.
You will forbidden to ever commission me, Yamio, ever again.
Your name will be publicly posted everywhere I want to for others to watch out for. 
I also have every right to file a complaint and I have all the right to the money you have given me.


Any statement can be bound to change if discussed with me, the artist, prior to the commission.




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Comments214
anonymous's avatar
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CreepyNightsPro's avatar
CreepyNightsProHobbyist General Artist
Hello! I just wanted to let you know I'll be using your TOS as a base for mine. I'll of course change somethings up to fit for me :)
Please let me know if you would not like me to use yours as a base ^^;
ohmanitsbeau's avatar
ohmanitsbeauStudent Filmographer
I'm fairly certain I've commented before, but I just wanted to comment again to thank you for allowing me and others to use this as a base/reference for TOS!
coffeefangs's avatar
Just wanted to let you know that I used this as a reference for my ToS so I knew what to cover and all!! 
littledashy3's avatar
littledashy3Hobbyist Filmographer
I’ll just add here that i’ll be using this as a base and change it up a bit
just reply if I’m not allowed to ;w;
pinkuo's avatar
pinkuoStudent General Artist
may I use this a base? c:
ianxcvii's avatar
ianxcviiHobbyist Digital Artist

Hi there! I would like to ask for permission to use your Terms of Service as base for my own TOS (with credit of course). Thank you in advance.

ChrissyNoelle's avatar
ChrissyNoelleHobbyist Digital Artist
Hey there! I'm gonna do commissions soon and I'd love to use your terms of service as a guideline for making my own ^^ I'll be sure to properly credit you as the inspiration.
Keei-kun's avatar
Hello!
I will be using your TOS as a base and I'll credit you outside and inside of Deviantary! Thank you for making this available to the public!
Milktea-Pandah's avatar
Milktea-PandahStudent General Artist

Hello, I was wondering if I can use this for as a base for my ToS, there will be minor edits but I will be sure to credit you outside of deviantart

Thank you!

Sardrellas's avatar
SardrellasStudent General Artist
I see yamio allowing everyone to use this as a base, but I just want to put my name down and formally ask for permission.
Tenshi-Yoru's avatar
Tenshi-YoruProfessional Digital Artist
Just wanted to let you know I will be using this as base for my ToS!
It's really well made and easy to understand ^^
SoftPixley's avatar
SoftPixleyHobbyist Digital Artist
Could I use this as my tos? just edit a couple of this? only if you are ok with this 
All the Credit will go to you!
Pinkfluffles's avatar
Pinkfluffles Digital Artist
is it okai if I use this as a base, with credit ?v ? 
SAD-HOURS's avatar
I know there's many people asking to use this as a base, but may I also with credit? qwq"
I just wanna make sure to have proper permission before I do so! QWQ"
vanesa303's avatar

false information if I gave My OC character which is copyrighted and I told you not to show or sell and you do I could sue you even if you made the art. your client would have sigh a agreement to let you show the art work.

Xanycki's avatar
XanyckiStudent Digital Artist
By requesting a commission from this artist, you agree to their terms, it's specifically shown that if you'd like for them to keep the commission private then it's a 50% fee, if you don't pay the fee then you make the agreement with the artist that the art can be posted and shown by their terms.
vanesa303's avatar

no copyright law and the courts require you to sigh a legal binding contract for what your saying. and I know from personal experience you don't want to get sued or copyright strike

Xanycki's avatar
XanyckiStudent Digital Artist
If what you said were true, there would be SO many artists getting sued, but reselling and posting a commissioned work is common and happens all the time. Your best bet at keeping it private to yourself is to communicate that with the artist, to make sure 100% they won’t resell it you’d have to own the rights and tell the artist that they cannot resell due to copyright infringement.
Xanycki's avatar
XanyckiStudent Digital Artist
Actually scratch one of the things I said, the artist can sell a commission again without the permission of the commissioner, it may be frowned upon, but the artist can do what they wish with it if they own the copyright to the piece.
Xanycki's avatar
XanyckiStudent Digital Artist
The artist would need the permission to sell it, however they have every right to post where they want, the character may not be theirs but their art and their rights to the art is still protected.
Xanycki's avatar
XanyckiStudent Digital Artist
Though the copyright law may vary where you live, in general the ARTIST owns the copyright UNLESS a written agreement is made to give it to the commissioner. Whether the artist owns the copyright or not, if you want to keep the art private to yourself you should communicate with the artist nonetheless to prevent issues of copyright such as this.
hareefaree's avatar
hareefareeStudent General Artist
May I use this as a base for my TOS? I'll credit you, of course!
PandiiVan's avatar
PandiiVanHobbyist Digital Artist
Hello :aww:

Thanks for sharing this and letting other use this as a base for their own TOS.
Thi is very helpful and written very understandable and nice.

A little question for my understanding: What does "PRIVATE COMMISSIONS ALWAYS COME WITH A 50% FEE" mean?

Other than this - I hope it's okay to add this into my group to help others either :aww:

Greetings,
Pandii



Yamio's avatar
YamioProfessional Digital Artist
Hello! ♥

It means that if I'm not allowed to show the commission anywhere, it will hurt my means of promote myself, hence, it's more expensive to make up for it! ♥
anonymous's avatar
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