My ToS: Critique welcome!
Fellow artists and commissioners alike! I have written up a TOS! I wanna get serious. :P
Feedback welcome! <3 TYIA!!!
Kivva's Terms of Service for Commissioned Artworks
Payment:
-Paypal account is moinicamcneal[at]gmail[dot]com unless stated otherwise. You may not add the Artist to your IM contacts without first asking.
-Payment must be sent up front.
-Payment must be sent under "Goods" if being shipped.
-For art that will not be shipped, send payment for a "Service".
-A refund will be issued for payments sent under any other category.
-Include username, preferred email address for contact and commission type in the comment section of the paypal transfer; i.e. (Kivva from FA, monicamcneal[at]gmail.[dot]com, Badge)
-Payment is for services rendered, not for artwork copyrights.
Commissioning:
-Please provide a detailed reference or a specific description including color codes and any pictures that can be used as examples.
-The Artist retains the right to refuse a commission for any reason.
-The Artist will provide status updates at minimum once weekly. Please feel free to request updates on a once weekly basis if you have not had an update.
-Communication will be through FA Notes or email.
-Commissions take time, please be patient.
-The Artist retains the copyright for all artwork.
-Please feel free to upload the art to your galleries, but please provide a link to my FA and give me credit. I also do not mind the editing of the art for use as avatars or LJ icons for your personal use.
-Please feel free to ask questions that relate to the commission.
Deadlines and Edits:
-Edits may be requested prior to completion, except in rare cases where the edit is very minor.
-Digital Art: Up to 3 edits.
-Traditional Art: Up to 3 edits during the sketch phase. After ink and/or color, edits will be made only if possible/minor.
-You may request a deadline; All efforts will be made to meet this deadline however there is no guarantee that the deadline will be met.
-Tight Deadlines and "RUSH" work will incur a fee proportionate to the effort and time required to meet the deadline.
-A full or partial refund may be issued, at the Artist's discretion, in the case of a missed deadline.
Your Rights:
-You do not pay for the rights of the art, you pay for the service. If the customer would like to buy the rights to the art, please contact the Artist.
-You may not sell prints or copies of the commissioned art.
-You may re-post the artwork on other sites, but written credit must be stated clearly where the image is posted.
-You may not edit it unless agreed upon in advance.
-You may not under any circumstances commission someone else to edit or fix the piece in any way shape or form.
-You may not pay others to edit our artwork under any circumstances.
-You may not enter my art into contests or anything resembling a contest.
-You may not use my art as watermarks or logos without express written permission.
-You may request a refund at any given time.
-You may ask for updates on your commission, but please refrain from asking for updates more often than necessary.
-You may request additional contact information.
-You may sell the original physical piece if it is in your possession.
The Artist's Rights:
-The Artist may post/publish commissioned works in any personal galleries or accounts.
-The Artist may add commissioned works to personal or public portfolios.
-The Artist may enter commissioned works into contests or art shows.
-The Artist may livestream the process of commissioned works.
-The Artist may sell prints of commissioned works.
-The Artist may cancel a commission and issue a refund for any reason at any time.
-The Artist has the right to decline any commission for any reason.
-The Artist has full rights to the commissioned artwork.
Progress Pictures and Streaming:
-Progress pictures such as sketches, inks, and flats must be requested.
-Requests for livestreams will be honored on if possible.
-Complete reconstruction of a commissioned piece will only be performed when the artist is as fault or the artwork is otherwise lost or damaged. The commissioner may request a full or partial refund instead as desired.
Refunds:
-You may request a refund at any time.
-If the commissioned artwork has been started, a partial refund porportionat to work completed will be issued. You will receive the art piece as-is at that point.
-A refund may be issued and a commission canceled by the Artist for any reason.
-Refunds will not be issued for items lost in shipping.
-A refund for a commission with a deadline will include the extra amount paid for the deadline.
Gifting policy:
-If a commission is wanted as a gift for someone else, please provide evidence that subject of the the gift approves.
-If this gift is a surprise, please provide proof that your characters have been drawn together, they are friends with you, or this person is okay with receiving gift art.
-The Artist is not responsible for any 'drama' or other issues that may arise if commissioned to draw someone whom is not comfortable with the art. Please contact the person whom commissioned the item.
-If your character was commissioned without your permission, please feel free to contact the artist requesting the image be removed from the gallery.
Commission Restrictions:
-The Artist will not produce works (such as but not limited to) involving scat, cub, loli, watersports, or hyper.
-If you are unsure if the commission would be of a nature that the Artist would be opposed to, feel free to ask.
Disclaimer: It is not the Artist's legal responsibility to make sure that a commissioner agrees to the Terms of Service. It is the Commission's responsibility to read the Terms of Service in full and agree to it as a whole and ask the Artist for clarification on anything that may be unclear. At time of commission, the Artist assumes that the Commissioner has read the Terms of Service in its entirety and is agreed upon. The Terms of Service is here to protect the Commissioner as well as the Artist.
Thank you for you time! I look forward to hearing from you!
-Kivva
Feedback welcome! <3 TYIA!!!
Kivva's Terms of Service for Commissioned Artworks
Payment:
-Paypal account is moinicamcneal[at]gmail[dot]com unless stated otherwise. You may not add the Artist to your IM contacts without first asking.
-Payment must be sent up front.
-Payment must be sent under "Goods" if being shipped.
-For art that will not be shipped, send payment for a "Service".
-A refund will be issued for payments sent under any other category.
-Include username, preferred email address for contact and commission type in the comment section of the paypal transfer; i.e. (Kivva from FA, monicamcneal[at]gmail.[dot]com, Badge)
-Payment is for services rendered, not for artwork copyrights.
Commissioning:
-Please provide a detailed reference or a specific description including color codes and any pictures that can be used as examples.
-The Artist retains the right to refuse a commission for any reason.
-The Artist will provide status updates at minimum once weekly. Please feel free to request updates on a once weekly basis if you have not had an update.
-Communication will be through FA Notes or email.
-Commissions take time, please be patient.
-The Artist retains the copyright for all artwork.
-Please feel free to upload the art to your galleries, but please provide a link to my FA and give me credit. I also do not mind the editing of the art for use as avatars or LJ icons for your personal use.
-Please feel free to ask questions that relate to the commission.
Deadlines and Edits:
-Edits may be requested prior to completion, except in rare cases where the edit is very minor.
-Digital Art: Up to 3 edits.
-Traditional Art: Up to 3 edits during the sketch phase. After ink and/or color, edits will be made only if possible/minor.
-You may request a deadline; All efforts will be made to meet this deadline however there is no guarantee that the deadline will be met.
-Tight Deadlines and "RUSH" work will incur a fee proportionate to the effort and time required to meet the deadline.
-A full or partial refund may be issued, at the Artist's discretion, in the case of a missed deadline.
Your Rights:
-You do not pay for the rights of the art, you pay for the service. If the customer would like to buy the rights to the art, please contact the Artist.
-You may not sell prints or copies of the commissioned art.
-You may re-post the artwork on other sites, but written credit must be stated clearly where the image is posted.
-You may not edit it unless agreed upon in advance.
-You may not under any circumstances commission someone else to edit or fix the piece in any way shape or form.
-You may not pay others to edit our artwork under any circumstances.
-You may not enter my art into contests or anything resembling a contest.
-You may not use my art as watermarks or logos without express written permission.
-You may request a refund at any given time.
-You may ask for updates on your commission, but please refrain from asking for updates more often than necessary.
-You may request additional contact information.
-You may sell the original physical piece if it is in your possession.
The Artist's Rights:
-The Artist may post/publish commissioned works in any personal galleries or accounts.
-The Artist may add commissioned works to personal or public portfolios.
-The Artist may enter commissioned works into contests or art shows.
-The Artist may livestream the process of commissioned works.
-The Artist may sell prints of commissioned works.
-The Artist may cancel a commission and issue a refund for any reason at any time.
-The Artist has the right to decline any commission for any reason.
-The Artist has full rights to the commissioned artwork.
Progress Pictures and Streaming:
-Progress pictures such as sketches, inks, and flats must be requested.
-Requests for livestreams will be honored on if possible.
-Complete reconstruction of a commissioned piece will only be performed when the artist is as fault or the artwork is otherwise lost or damaged. The commissioner may request a full or partial refund instead as desired.
Refunds:
-You may request a refund at any time.
-If the commissioned artwork has been started, a partial refund porportionat to work completed will be issued. You will receive the art piece as-is at that point.
-A refund may be issued and a commission canceled by the Artist for any reason.
-Refunds will not be issued for items lost in shipping.
-A refund for a commission with a deadline will include the extra amount paid for the deadline.
Gifting policy:
-If a commission is wanted as a gift for someone else, please provide evidence that subject of the the gift approves.
-If this gift is a surprise, please provide proof that your characters have been drawn together, they are friends with you, or this person is okay with receiving gift art.
-The Artist is not responsible for any 'drama' or other issues that may arise if commissioned to draw someone whom is not comfortable with the art. Please contact the person whom commissioned the item.
-If your character was commissioned without your permission, please feel free to contact the artist requesting the image be removed from the gallery.
Commission Restrictions:
-The Artist will not produce works (such as but not limited to) involving scat, cub, loli, watersports, or hyper.
-If you are unsure if the commission would be of a nature that the Artist would be opposed to, feel free to ask.
Disclaimer: It is not the Artist's legal responsibility to make sure that a commissioner agrees to the Terms of Service. It is the Commission's responsibility to read the Terms of Service in full and agree to it as a whole and ask the Artist for clarification on anything that may be unclear. At time of commission, the Artist assumes that the Commissioner has read the Terms of Service in its entirety and is agreed upon. The Terms of Service is here to protect the Commissioner as well as the Artist.
Thank you for you time! I look forward to hearing from you!
-Kivva