Terms of Service
Terms of Service must be read prior to confirming payment as completing payment agrees to all terms and conditions within this document.
The Artist (Henceforth refered to as "me, i, myself") can make changes at any point to this document, and all artwork prices without notice of doing so. The Client (henceforth referred to as "commissioner", “Customer” or "you") is obligated to have read all terms and agrees to them by commissioning the artist. The commission (henceforth referred to as “artwork” or “piece”) is subject to copyright by the Artist, details of such listed under 4.COPYRIGHT / USAGE POLICY
If any of these terms and conditions bring up a concern regarding them, contact Myself (the artist) at [kross8809@gmail.com] or through the communication service you are using to connect with me should you have access to it.
1. General Terms
1.a) All artwork will contain a Signature or watermark that you may not remove.
1.b) Prices are flexible and may be changed at any given time without notice on the webpage. You will not be charged the difference if prices change on the website after a commission is ordered and paid, but you will neither be paid the difference if prices change on the website after a commission is Ordered and paid.
1.c) At any point in time, I (the artist) reserve the right to decline or otherwise cancel your commission with appropriate updates without reason, and only receive a refund should it fall within the appropriate category under the 2.e clause under Payment.
1.d) I am willing to draw:
1.e) Your commission will be AUTOMATICALLY DECLINED if any of the below are requested:
1.d.1) Humanoids of any brand
1.d.2) Anthropomorphic or ‘Furry’ characters
1.d.3) Animals (mostly mammals, but ask)
1.d.4) Robots or Androids
1.d.5) Partial (tasteful) nudity (Such as swimsuits or pinups)
If uncertain, Ask!
1.e.1) Any extreme NSFW / Pornographic Material
1.e.2) Any depiction of Hate Speech / Bigotry / Slurs / Ect
1.e.3) Graphic Violence / Gore / Body Horror
1.e.4.) Sexual, risque or abusive content of Minors or characters appearing to be minors
1.e.5) Sexual, risque, or abusive content of animals or characters appearing to be entirely animals.
1.e.5.1) Anthropomorphic or ‘Furry’ characters do not fall under this clause
1.e.5.2) Anthropomorphic or ‘Furry’ characters fall under the clause of 1.e.1.
2. PAYMENT
This section covers payment methods, refunds, and pricing policy.
2.a) Payment and Prices are listed in USD
2.b)Paypal Invoices will be used to conduct transactions between myself and you. Payment will not be accepted outside of the invoicing system. If payment is sent accidently outside of this system, the payment will be refunded and rerouted through a PayPal invoice to start the transaction over. Payment will be processed this way to keep communication clear and transparent between myself and you.
2.c) Full payment is required before delivery your piece. A upfront deposit is required to begin your commission, which will be 50% of the full cost of the piece. A half paid commission will not progress past the halfway point until the full cost of the commission is paid by you, the client. Payment plans can be organized at request.
2.d) Listed prices are not concrete and will be flexible based on the complexity of the piece. All pieces are subject to an unlisted detail charge, if it is deemed required by myself, that will be discussed with you prior to payment.
2.e) Commission Pieces, once complete, are NOT refundable. Pieces that are past the sketch stage are not refundable. Pieces that are at the base sketch stage or thumbnail stage may be subject to a partial refund based on the circumstances of which the refund is requested.
2.e.1 ) Due to the nature of sketch commissions, sketch commissions are NON REFUNDABLE once paid, regardless of 2.e.2.
2.e.2) You may request a refund within the first 10 hours. Refunds will only be granted if the piece remains in its sketch stage, and you will NOT be provided with a preview of the sketch- rendering the transaction void.
2.e.4) If you have commissioned a piece and received no progress updates or communication within 40 days you may request a refund. You may do this through myself, the artist - or, upon not recieving any communication for 32 hours post request, may utalize the paypal chargeback system.
2.e.6) If a commission is complete, regardless of the time period, I am unable to provide a refund.
2.e.7) If you request a PayPal chargeback at any point not included in these terms, you will lose all the aforementioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the chargeback and supply PayPal with our discussions regarding your commission as evidence that I have completed work for you. Furthermore, you will be blacklisted from commissioning me again.
3. PROCESS AND DELIVERY
This section includes information on Revisions, time frames, process of creation and delivery of pieces.
3.a) You will be notified when I have begun your commission, therefore waiving the right to a REFUND of the 50% deposit.
3.b) Once the sketch stage is approved, you waive the right for a REFUND of the entire cost.
3.c) How long your commission takes to complete depends on the complexity of your piece as well as how many projects that there is going on at the time. There is a queue and it functions on a decreasing scale of first come first serve. Reference my Trello to keep an eye on where you land in the queue. There is no guaranteed time slot of how long a commission will take.
3.d) I will keep in contact with you as I work on your commission. You will receive Work In progress updates (henceforth referred to as “WIP” or “WIPs”) on your piece as I progress through each stage.
3.d.a) If there are any abrupt changes upon the timeframe of your commission or barring circumstances where I am delayed - you will be informed via Email of this. (I.e: Within 24hrs of the delay)
3.e) Aforementioned WIP updates will involve a smaller and watermarked version of your piece being displayed to you for confirmations. The number of these WIPs depends on the complexity of your piece and edits made to the piece.
3.e.1) The number of revisions upon a sketch stage piece come with no additional charge (unless made in excess, referring to more than 4 moderate revisions such as changing of pose, clothing, design, etcetera.). There will be a thumbnail stage wherein you may choose poses or request new poses if none of the suggested thumbnails appeal to you.
3.e.2) Once a piece is complete, and approved, there will be no further major revisions allowed upon the piece. The client is allowed to colour adjustments up to one week after the commission is completed. After the time frame of one week after completion, there will be no further revisions.
3.e.3) Unclear references that are not corrected early on in the process of the piece will result in a potential fee depending on the accuracy and how late in the process that these changes are requested.
3.f) Once the piece is complete, you will receive an emailed file of the full resolution image. There is no physical product and you will not receive a print.
4. COPYRIGHT / USAGE POLICY
4.a) I, Kat Ross (The Artist), reserve and claim the rights to the produced artwork. You (the client) do not hold copyright claim over the piece. Therefore, I am allowed to use the copyrighted artwork to:
4.a.1.) Promote myself with it everywhere
4.a.2.) Publish books with it (artbooks, etc.)
4.a.3.) Display it everywhere to my liking (website, social media, etc.)
4.a.4.) Post it on any social media, websites
These points are flexible for reasons such as delay in posting time or a request of not posting the artwork online- but MUST BE DISCUSSED prior to the request of the commission
4.b) Client permissions as are below:
4.b.1) Use the commissioned piece for personal usage (Such as including it in character profiles, saving it to your computer, using the piece as a profile picture/header/signature on social media/forums/ect.)
4.b.1.1) Reposting artwork is prohibited without discussion between myself and you.
4.b.2) Print the artwork yourself
4.b.3) Claim the character or characters depicted within the artwork as your own, or of the property of someone else.
4.b.3.1) If the artwork is created depicting fanart of a company’s character or of another artist’s character, this is inapplicable.
4.b.3.2) This clause does not give you, the client, claim copyright of the piece, or permission to claim you have drawn the piece- or to claim anyone other than myself, Kat Ross, has created the piece.
If you are seeking commercial use of a commissioned piece, or usage of the piece to promote yourself for personal use - you must discuss this with myself before doing so and terms for the specific use will be crafted collaboratively to effectively provide both parties fair usage. Commissions by default, are for personal use only and are subject to all terms and conditions here.
4.c) The Following is considered Copyright Infringement and abuse of the Usage Policy:
4.c.1.) Reproducing/using the copyrighted artwork commercially - means making money off of it in any way.
4.c.2.) Claiming the artwork as your own
4.c.3.) Removing my signature from the artwork
4.c.4.) Altering the artwork without my consent
4.c.5.) Reposting the Artwork without written expressed consent
4.c.5.1) Artwork CAN be reposted with discussed written consent
4.c.6) Minting, tokenizing, or attaching any sort of NFT or creating an NFT of the piece.
I reserve the full rights to the image and it's use/distribution unless otherwise agreed upon.
5. CUSTOMER SATISFACTION
Terms and conditions exist for the safety of both artist and client. If you, at any point, have a question or concern regarding these terms, or your piece- you are encouraged to reach out to me with such questions or concerns. I am open to discussion regarding your concerns and questions at any point and am eager to be flexible and work with you on any of the points listed above.
What do you get?
• Drafts/mockups that you must decide which one I should continue with (depending on the complexity of the commission there might be less or more drafts)
• Sketch and/or final sketches that you must accept before I continue the work
• Insight and involvement in color plan (depending on the complexity of the commissioned piece)
• Full-resolution file. Final file formats are usually PNG.
• Optional transparent backround version of the piece