Artist Terms of Service

 

By accepting and sending payment for any commission, you hereby agree to the terms of service set forth within this agreement. These may be changed at any time for any reason. Any changes will not affect previous works made before the changes were put in place.

 

Payment

For a commission to begin, the client will need to pay in full for any commissions under 100 USD. Payments are received via Stripe or Paypal. Slots are reserved on a first come, first served basis. Commissions over 100 USD are viable for “Pay per stage”.

 

With “pay per stage”, the total of the piece is divided into as many stages of rendering are required, typically 2 to 6 payments: rough, sketch, inks, flats, shading, background, etc. This is a two-fold benefit for client, in that they can pay incrementally, and should they decide they do not want the full render, they will still already have a finished product!

 

Any client that initiates a commission request will have 24 hours after an invoice has been created and sent to submit payment. If a payment is not submitted in that time, the reserved commission slot may be forfeited to the next client in line. If all commission slots are full by the time payment is received for the invoice, your invoice may be refunded or put on ‘backlog’ status until the other commission slots have been completed. This will depend on the time and availability.

 

Upgrades

Got a sketch but want it to have more detail now? One can just pay the difference between tiers! Upgrades are available and vary on a case by case basis.

Example: a sketch can be upgraded to inks. However, a chibi could not be upgraded to a full body portrait.

This also allows the commissioner to pay for each stage as they want should they want a full color piece eventually, but only have budget for one tier at a time.

 

Revisions

Two Roughs are included for all pieces above sketches, chibis, or “Wing it” style commissions. Roughs help decide the full scope of the piece prior to creation.

Revisions to any commission will only be permitted in the sketch stages and limited to one minor revision for Sketch tiers, two revisions, major or minor per commission above that, and four revisions for Reference Sheets and Shaded pieces.

Minor revisions past the sketch phase will be changes in current details and are not drastically different from the initial requested commission outline.

Revisions beyond the two or four may be permitted, at an additional cost set forth by the artist with pricing in relation to the complexity of the change requested.

 

Timeline

Unless stated otherwise, commissions will be completed for each client as timely as possible but with no preset time limit. The goal is three to ten weeks, and later if a larger piece, higher complexity, or other circumstance.

If any client has a time frame that a commission needs to be completed in, this must be disclosed and accepted by the artist before payment is received and the process is started. In the event of a very fast turnaround, rush fee may be included.

I will always strive for quality over quantity and life events do occur. In the event of delays, this will be communicated with all clients affected as quickly as possible.

Also included as a personal note, I will work on art for myself, gifts for others, or freebies while on stream or in my personal time, and will not tolerate criticism on using my skills or time for myself. I need to return to my love for the craft in order to maintain the quality I do for clients.

 

Communication

Communication with clients will take place over Discord direct messages or email. Regular updates, approval for commission stages, and alterations will be sent via these methods. I will not accept invites to connect over other services and any attempt to be reached beyond these means will be blocked.

I do enjoy conversation with people, but please understand I may not be available for general conversation based on time and activities of the day. Please do not take this as a personal insult if I am unable to respond to you quickly or at all for non commission related messages.

 

Harassment

Any and all forms of harassment will not be tolerated and will be swiftly met with a block and a blacklisted status as a client for any future commissions.  I strive to do my best at updating clients, and while I do not mind clients checking in on how a commission is coming along, please do not repeatedly or rapidly ask for progress updates.

Should an issue with harassment arise, I fully reserve the right to discontinue work on the commission and issue a partial or full refund depending on the stage of the commission.

 

Refunds

Once a commission has been accepted and paid for, there will be no refunds, unless the commission is unable to be completed. A full or partial refund will be given on this condition, based on how far along the commission was before progress was stopped.

 

Public Vs Private

Unless requested prior, all commissions will be treated as public commissions and may be worked on during various streams on Twitch, Discord, or Picarto and displayed online.

Please ensure you request your piece be private if desired to ensure no mistakes are made in the creation process. Private commissions may be placed lower in the queue so that public content can be worked on first, so their completion time is not always, but often extended.

 

Character Rights

By commissioning a character, I operate on the good faith that you either own or have gotten permission to use the original characters within the commission. If I am unsure I am allowed to draw any character in a given situation, I may ask for proof of permission from the character’s owner.

 

Rights for Distribution or Reproduction

You as a client will retain rights to characters used in any commissions. I, as the artist, retain all rights to the work created by me and any distribution of the art may not be altered and should be credited appropriately when posting as outlined in Section 106, Copyright Act of 1976, as amended, codified in Title 17 of the U.S. Code. To credit: “Art by Miffix” or posting a link to an original post of the art.

I reserve the right to use any art I produce in promotional material or my portfolio. However, I will not sell prints and media of original commissioned characters without direct permission of the owner.

Printing, replication, or use for marketing of any kind is prohibited unless prior direct consent is given by me. If a commission is to be used in any non personal manner, this should be disclosed during the initial request to discuss commercial pricing. Commercial licensing is currently available at a flat 50 USD. Prints can be purchased directly through me, with cost for shipping and handling.

 

Right to Refuse

As a custom artist, there are certain situations I may be uncomfortable with creating. I reserve the right to cancel and refund. If I am unable or unwilling to work on a concept, I will be direct with you about it but may not give a specific reason. Thankfully, the Internet is full of talents to employ if I am unable to create for you this time!

 

By commissioning, you understand and agree to the Terms of Service.

 

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