I Agreement
By requesting a Commission (“Commission” or “Work”) or a commission slot, the Commissioner agrees to these terms of service (the “Agreement”) and/or a custom Agreement to be approved by both the Artist and the Commissioner. In the event that no customized changes are made to the Agreement in writing and approved by both the Commissioner and the Artist, this Agreement takes effect.
II Prices
Advertised prices are a firm guideline but not an immutable offer. Prices and scope of work is determined at the time of agreement to a Commission by both the Artist and the Commissioner. Addition to scope, media, or other factors by the Commissioner may result in additional cost and payment required, irrespective of the amount of work done thus far.
III Time Frame
When a Commission is agreed on, the Artist will let the Commissioner know a general time frame within which work will be completed. This time frame is subject to change by forces outside the Artist’s control, however the artist will make reasonable effort to complete the Commission within the described time frame. In general, Commissions will be completed within a month of agreement unless otherwise described in the agreement.
IV Legality of Commission and Shipping
Commissioner must be legally permitted to view and possess the material they commission in the region in which they live. In the case of shipped Commissions, the Commissioner is responsible for ensuring that the material they commission can be shipped reliably to their location. The Artist will make every effort to ensure safe shipping of physical Commissions, however is not responsible for third party interference, including but not limited to carrier or customs handling or mishandling. Due to varied customs responses, the shipping of any adult Works to a destination outside the US is Highly Discouraged. In -most- cases, the artist will cover the cost of shipping to US destinations. In all cases, the Commissioner is responsible for the cost of shipping to Non-US destinations as determined by the Artist.
V Payment
Payment is to be made by the Commissioner via PayPal to the Artist or the Artist’s Designated Payee within seven days of acceptance of a commission by the Artist. Payment must be for type “Service” and must include a verified shipping address for the Commissioner regardless of whether items are being shipped. No notes or description other than a unique identifier assigned by the Artist may be included, and the unique identifier -must- be included. Any payments that do not meet these specifications will be considered invalid, denied and must be resubmitted. If a valid payment not is placed within the agreed time frame or three invalid payments are placed attributed to a specific agreement, the agreement will be cancelled and the commission slot will be returned to an open status. No work will be started until valid payment is received in full.
VI Revisions and Changes
Unless agreed otherwise in advance, major revisions are limited to three total and combined across the life of a Commission, and are limited to the layout sketch approval phase and detail sketch approval phase. Major revisions are changes to missed details of a Commission or discrepancy between the Commissioner’s desires and the Artist’s creation. Major revisions do not include changes in scope or major details. Allowed revision examples include detailed body shape, clothing details, markings, hair style, etc. Prohibited revision examples include gender, species, extra props, extra scope (such as more characters, background, etc), extra limbs, or any other complete change to the original request. Determination of the validity of the revision request is at the discretion of the Artist and once it gets to the point where a revision may be warranted, you may be unable to receive a full refund (See below). Please provide as much detail as possible to prevent revision problems. Reference art is always helpful. Once the Commission has been inked in any manner, one revision to the ink to add warranted small details may be permitted at the Artist’s discretion (such as claws, a small missed marking, etc) only in the event that the missing detail is clearly depicted in the original request if the Artist is alerted in time and has the ability to make said changes as additions.
VII Communication
Clear, concise, and timely communication is considered to be of the essence. In general, the Commissioner is allowed three weeks total of combined delay in answering communications or providing necessary input to complete the Commission. Communication will be through Notes on FurAffinity.net or by Email to a provided address only, with only the approval as an exception. The use of comments to attempt to communicate with the Artist other than answering an approval posting is not acceptable and may be considered a breach of agreement.
VIII Rights
General Commissions are not work for hire and the commissioned Work remains the copyright and intellectual property of the Artist. The Commissioner gains the right to possess the original copy if applicable and the right to use the original and any appropriate archive copies for personal use. The Commissioner has the right to post a copy of the Work for public display to any location they have the right to related to third party terms. The Artist retains the right to post the finished Work or derivatives thereof to any location they have the right to related to third party terms. The Commissioner MAY NOT: Claim ownership over the intellectual rights; claim creator status; create derivative works (this includes use of the Work in another location, such as a book, icon, tattoo, etc); modify the Work in any way, including the removal of signatures; or make any gain from the Work, monetary or otherwise; unless otherwise agreed to by the Artist and the Commissioner in advance and in writing. The original Work may be transferred by the commissioner to a third party, in which case no rights other than possession are transferred to the third party.
IX Refunds
Refunds will be granted on a per case basis and dependent on the amount of work completed. Refunds may be requested by either the Commissioner or Artist prior to work starting and will be paid in full. Once any work is started by the Artist, only a partial refund for not-yet-started work segments may be issued with the retained amount not to exceed the standard cost of the started segment and all logically-prior segments at the time of the agreement. All refunds are subject to fund availability (i.e., the Artist can only issue the refund if PayPal allows the refund to be processed).
X Artist Reserved Rights
The Artist reserves the right: to refuse service to anyone or anything for any reason or no reason whatsoever without informing anybody of the reason or lack thereof; to discount or add charge prior to any agreement based on various factors; to modify this agreement at any time or specifically for a particular commissioner/commission, with terms placed in effect at the inception of the agreement; to temporarily or permanently not enforce specific sections or parts of this agreement without invalidating any other sections or parts. The Artist has the final say on all issues and at all times retains the option to cancel or refuse an agreement.
XI Cancelation and Limitation of Remedy; Limitation of Liability; Survival
This Agreement may be cancelled upon breach of agreement or by the Artist. Upon cancellation of this agreement, the full and only remedy available to the Commissioner is the refund of funds paid subject to partial retention of funds for partial work started or completed as described in Section IX of this agreement. The Artist shall not be liable for any other remedies or damages of any type at any time. On cancellation, all rights granted to the Commissioner by this agreement are revoked permanently and in full and revert to the Artist. Sections I, II, IX, X, and XI survive cancellation of this agreement in full. Artist’s rights described in section VIII survive cancellation of this agreement.
Appendix A
Proper Payment Method:
Provide email address for me to send the request to.
Follow directions from request.