-TERMS OF SERVICE-

DISCLAIMER

  • By purchasing my services (art), you automatically agree to the following conditions.

  • Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms.

  • If you are not comfortable with my Terms Of Service and/or are not willing to agree to the conditions, you may not request a commission.

  • I do not allow my art to be used for AI purposes and alike. Please do not upload it to any AI sites as this could compromise my artwork.

  • NFT usage is strictly forbidden.

  • If you have any questions, please contact me

Important notes

  • Only for personal use.

  • Available only with paypal.

  • Payment is full prepaid after the sketch is accepted. (Can pay 50%before&50%after if it's over 100USD)

  • There's a rate increase if it is for commercial use.

  • An average commission takes around 2 to 4 weeks and may take longer if it is a complicated project or a multiple page project.

USER AGREEMENT

  • By commissioning me, you agree that you have read and accepted all the terms described herein.

  • You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me.

  • Violators will be added to my blacklist indefinitely and without warning.

GENERAL

  • You, the Client, will be expected to first read my TOS and understand my general Commission Prices.

  • You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me.

  • You may not upload or host my work in any gallery that is intended to display your own work only.

  • You may not claim my work as your own.

  • • Please only upload the smaller file publicly unless otherwise discussed.

  • You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.

  • You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only (ie. NOT for sale).

  • You may not use the Artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed.

  • You are NOT authorized to change, modify, edit or use my works without my permission.

  • You are NOT authorized to trace over my Artwork in any way, including the use of the artwork as a “base.”

  • Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment.

  • Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.

  • These clients are permitted to include signatures and/or watermarks indicating the Artwork is my intellectual property. Credit in some form is required.

  • By placing an order, you agree to these terms and conditions. Please read these terms carefully.

ARTIST

  • By commissioning me, you are purchasing my service as an artist only.

  • I reserve the right to post your finished artwork in my gallery for any reason.

  • I reserve the right to decline any project or client for any reason.

  • I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason.

COMMERCIAL USAGE AGREEMENT

  • If you, the Client, wish to order a commission for Commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.

  • The minimum price increase 100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit.

  • The following cases are considered commercial use: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted my artwork, (eg. Patreon, YouTube, Twitch, a personal site, business cards etc).

TierCONTENTS%INCREASE
TIER 1TWITCH/YOUTUBE/TWITTER PROMOTION100%
TIER 2PATREONCONTENT/BUSINESSCARDS/ PERSONAL SITE200%
TIER 3REPRODUCING/SELLING/MERCH300%

COPYRIGHT

  • I reserve the right to sign and/or watermark my own work. I will send you a full resolution image (by email or via google docs), but my signature will remain on the one versions of the Artwork.

  • I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon. In the case of a Public Commission, I may do whatever I wish with the art (eg. post it to other sites such as Instagram) but will give proper credit to you for ownership of the character’s design.

  • In the case of a commission, I will not claim the rights to a character design unless it was one of my own designs. Therefore I will not reuse/resell the Artwork for personal or commercial projects unless agreed upon.

NDA - PRIVACY REQUEST

  • If you wish for your request to be private, it must be stated during the ordering process.

  • I reserve the right to charge a fee if I deem fit.

  • The privacy request entails that I am not allowed to share any WIPs on social media, nor am I allowed to stream the process of the commission anywhere.

  • However, this also means that you must refrain from sharing any such spoilers yourself.

  • This is especially important to consider if you are a Vtuber and want me to keep assets private until your debut.

  • The NDA fee usually starts at +5% of the total quote, but it might differ. The bigger the project the bigger the fee.

PAYMENT

  • I am not responsible for any mistakes that are made on your part over the course of the transaction.

  • I will only accept USD via Paypal as payment. You are responsible for making currency conversions.

  • It is expected that you deposit 100% of the price upfront after the initial sketch is accepted and before I start colouring. No exceptions unless otherwise discussed.

  • I will initiate the transaction (an invoice) to avoid accidental transactions. Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment.

  • Payments via Paypal are sent via Invoice method only unless otherwise stated. I will cover the Paypal fees as it is expected from the Artist per PayPal ToS. What you see is what you will have to pay.

  • I do not accept payment from shared PayPal accounts unless you are not of legal age and use a parent/guardian’s PayPal account.

  • Repeated counts of commissioning a project and failing to pay will result in blacklisting.

PAYPAL DISCLAIMER

  • Please note that all of my sales are "Digital Artwork" and it is the Artwork’s "Intellectual Property" that is purchased by you, the Client.

  • Nothing is ever intended by either me or the Client, to be physically shipped to them.

  • I am not required ever to ship any item unless it was explicitly discussed.

REFUNDS

  • I can refund 100% of the payment only if I have not started working on the sketch.

  • Once you accept the sketch, there will be NO REFUNDS.

  • I can only refund around 80% if there are errors in PayPal fees, taxes and/or transfer fees.

  • • If I cancel a project, I will reimburse the lost fees and refund 100%.

  • • If we agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your said deposit if you back out of the Payment Plan.

CHARGEBACK

  • You are NOT authorized to issue a chargeback for any reason.

  • If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.

  • You are required to contact me when you need to cancel a commission request.

  • Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts.

QUEUE / SCHEDULING / WORK SPEED / DEADLINES

  • You reserve the right to set a deadline for your commission. This deadline must be disclosed prior to payment.

  • have the right to decline a project if there is too short of a time allowance. I reserve the right to take up to 1 weeks to begin work on your project, and an additional 5 to work on said project.

  • If due dates are discussed, it is also the clients' responsibility to ensure prompt communication. I will not be held responsible for late delivery.

  • No harassment over my work speed will be tolerated, regardless of the time that has passed.

  • I will work on commissions randomly. This means I will work on the piece I'm the most inspired/ comfortable with at the moment.

  • You reserve the right to be notified of any delays.

  • The client is expected to reply to every message requesting for confirmation on the progress of the project. I will not be continuing the project until there is confirmation.

  • The commission is deemed to be put on hold if there is no communication.

RUSH FEE

  • Rush fees are at least + 25% of the commission. Fees might vary depending on the project and the timeframe provided.

  • Estimated project start dates are on my commission page.

  • However, in some cases, I am able to accept a rush commission that would bring your queue up forward significantly.

  • Dates provided are subject to change, details are to be discussed should the client have set dates.

REVISIONS AND FEEDBACK

  • I will send a WIP (‘work in progress’) image after 100% of the payment is completed.

  • These images will come in the form of .jpg or .png files as an attachment in the email or a DM.

  • The responsibility is on you to ensure your order contains the details you want me to follow.

  • I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.

  • I will only send a guaranteed WIP for the Sketch, but you are free to request a WIP at any given time.

  • Up to two free of charge major revisions can be made during the drafting phase of the commission. Only minor adjustments within reason can be made free of charge afterwards.

  • Each time I send a WIP to a client, I ask the client to provide feedback to me.

  • Changes will only be made at the sketch stage. Color corrections will be made at the color stage.

  • Any changes to the character or subject will be subject to a fee, and the fee will depend on the nature of the change.

  • I will not be held responsible for any changes in ownership of the said character.

  • After the order is completed, minor changes such as color adjustments are allowed if the missing or inaccurate elements are my faults (e.g., I overlooked details provided in the order).

  • In the absence of feedback from the customer, any changes to the final piece will be subject to a fee.

  • I will not redraw a completed commission unless payment is received for a second order.

FINAL PRODUCT

  • There may be slight differences between the samples in my gallery and the illustration you will receive.

  • The commissioner must respect that my artistic style cannot be altered.

  • I reserve the right to reject critiques pertaining to artistic skill and stylization, and if the critique reduces the artistic quality of the piece.

  • Credit to me, the Artist, is required when you post or use it on another platform.

  • You, the Client, are responsible for saving any information, images, and other digital data I provide.

  • Any file you paid for will be available from me for a finite time only. I take measures to preserve most files for up to 3 months. However, I cannot guarantee against computer failure or accidental deletion or loss.

  • I am not required to post your project in any public space, and if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you paid for it, as you should have your own copy for personal use.

  • Feedback of the final product is permitted after completion of the piece, through private messages or comments.

  • Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.

Thanks for checking out!

Art & Design by TOTE
All rights reserved.