Terms & Conditions
Please read through and keep in mind throughout the commission process.By Commissioning any of my services you agree to the following terms.
Terms are subject to change.
Dos and Don'ts
- No explicit content, lewd/pin-up is okay.
- No offensive material or illegal content.[fetishes, gore, violence, hateful art]
- No copyrighted materials.
- All genders and body types are okay with some limitations.
Art Commission Process
a. When filling the commission form please include references of your character/setting. If you have styles or details you would like to note, please do so!
Please provide a paypal or Ko-fi address and a Discord/Twitter contact to make communication easier.b. Once the request has been accepted, it will be placed in a waitlist and you’ll be given estimate time of delivery.c. Regular updates will be given as the work gets done.d. A HQ .jpg/.png will be delivered via Drive/Wetransfer/Discord!d1. If the commission consists of a Live2D Model, you will be able to test the model and request minor revisions of the work on a Discord call.
Payment
ILLUSTRATIONS
-50% up-front fee must be paid after the approval of the Commission Draft or Sketch.
- In the event that payment is made in installments , ownership of the Commission will only pass from the Artist to the Client on receipt of payment in full. The Commission will not be sent to Purchaser until the agreed payment amount has been received.
-Payment method is determined as written in the Commission Agreement prior to the Start of Work (i.e. bank account transfer, PayPal). The Artist will confirm payment once drafts have been seen and agreed upon by the Client; any further work on the Commission will be with-held until this agreement is made and payment received.VTUBERS
-A quote or applying for a commission does not guarantee a slot.
-An order is locked in once we discuss what the order is and the client agrees to the terms of service and price.
- Payment is to be made around 1-2 weeks before the piece is started.
- 100% payment upfront (Under $400).
- Optional 50% payment at start and 50% mid way (Over $400).
- All prices are in USD
- Client must be over 18NOTE: All prices are specified as American dollar ($USD). It is the Client's responsibility to ensure that they have converted currencies based on current exchange rates.
Revisions
- Up to 2 main revisions (additional revisions will be re-quoted).
- I ask that change notes be kept to a minimum while a commission is being streamed.
- Please keep change notes in batches and not scattered throughout the process.
Sale
The Artist hereby sells or transfers the Commission to the Client at the agreed value written in the Commission Agreement prior to the Start of Work.
Decline of Offers
-The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain reasoning for decline out of courtesy).
Priority of Offers
-Commission offers that satisfy the following components are placed as higher priority than other offers. These components include: the Artist's skill level, availability, flexibility of deadlines, pricing and shipping.NOTE: The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, “pornographic,” simulated sex, or sexual arousal) materials, fetishes, or any form of hateful, racist, violent or gory imagery.
Artist Cancellation of Commission
-The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, or a breach of these Terms of Service.
Artist Copyright & Reproduction
-The Commission, beyond the resale of the original, [traditional art] Commission, or as it applies to new Terms of Service agreed upon in a "Transfer of Copyright Agreement."
-The client may not edit, alter, or trace the Commission without the Artist’s expressed written permission, or as agreed upon in the Commission Agreement prior to Start of Work.
-Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.
Commission Description
-The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement.
- A complex Commission will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
- The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally.
- A large display size will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
Deadlines & Flexibility
-The Artist will be able to take on Commissions that have a) strict or short deadlines; and b) if the Client is not flexible on deadlines. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
-The Artist, to the best of their ability, can give a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work.
-The Artist will inform the Client regularly or progress (including photos) or if changes to completion times have occurred.
-The Artist is not obliged to explain reasoning behind extensions or delays for the completion of a Commission, but will often do so out of courtesy.
Confidentiality
If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the time-span in the Commission Agreement to eventually allow the Artist to publicly display the image.
Public Display & Use
-The Client may display the Commission illustration in Profiles as long as the Artist’s name is prominently displayed along with a link to https://www.artstation.com/adiastraya or "@AdiAstraya" for social media accounts.
- Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work.
- The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in the Commission Agreement prior to Start of Work.
- The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.
Competitions
Under no circumstances may the Client submit a Commission to any kind of online or offline contest.
Digital Commissions
Digital art Commissions will be provided to the Client via email or an online download location in .jpeg or .png format (PDF possible); this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist. Files will be of highest resolution and include both signed/watermarked and un-watermarked copies of the finished product. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission) unless signed and agreed upon in the Commission Agreement prior to the Start of Work.The Client will not permit any intentional destruction, damage or modification to the Commission.
Prints and Products
The Artist may use any images of the Commission for promotional purposes, unless otherwise agreed upon in the Commission Agreement . The Artist may also sell Limited Edition Prints or merchandise of the Commission (i.e. art books) only with written agreement from the Client.
Promotion
The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. The Client may use the digital (.jpeg, .png or .PDF) file for local printing, so long as the Client obtains expressed written permission from the Artist prior to printing.
Expiration
This contract binds the parties, their heirs, all their successors in interest, and all Client's obligations are attached to the Commission and go with ownership of the Commission, all for the life of the Artist and Artist’s surviving spouse plus twenty-one (21) years, unless otherwise stated.
Moral Right
The Client will not permit any use of the Artist’s name or misuse of the Commission which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Commission.
Damages, Theft & Misplacement
The Artist is not responsible for any damages made to the Commission [traditional or digital print] except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the Commission. The Artist will ensure packaging of the [traditional or digitally printed] Commission is safe and secure, and will provide postage and tracking details to the Client once the Commission has been posted. The Client accepts all possible risks once the Commission Agreement has been signed and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the Commission, and must provide evidence of said damages. If the Commission has been damaged but the Client wants to retain ownership, the Artist will refund 50% of the full amount back to the Client or as negotiated. If the Commission is stolen, lost, or perished during transit, the Artist will refund 50% of the full amount back to the Client or as negotiated [traditional and digital print]. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded. The Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Commission by other parties if a "Transfer of Copyright Agreement" was made.
Refund Policy
If the Client is unsatisfied with the Commission for an appropriate reason, they must contact the Artist within seven (7) days of receiving the final Commission. Disliking the Commission or change of mind are not considered for a refund; this is minimalised by providing drafts and progress photos throughout the Commission process. The Client must state if they want a full refund or an alternative replacement. The Client will have thirty (30) days to send the [traditional] Commission and seven [7] days to send the [digital] Commission back to the Artist, otherwise a refund will not be made. The Client must return the Commission in original packaging with all documents, including the Commission Agreement and invoice; digital formats of the Commission must be destroyed by the Client. Postage/shipping costs and expenses will be paid by the Client. The refund will be paid back in full to the Client at the discretion of the Artist once the Commission has been received and in the described condition.
Preview Requests
The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work or approval of the draft, unless agreed upon in the Commission Agreement prior to Start of Work.
Usage Rights
- The client can use/post the commission publicly or for profit.
-Commissions are strictly not for commercial-use (merch, resale etc.) unless a separate commercial-use agreement has been made. Inquire further for details.
- The artist reserves the right to use commissions as material for Patreon rewards, Gumroad, portfolios, showcases, business cards, price lists examples, NSFW variations for patreons, etc.
- Progress may be streamed and posted.
- If a client is malicious, the artist may retract the rights to a commission (e.g. racism, sexism).