TERMS OF SERVICE

Last Updated: 9/26/2019

The following are terms of service for PeachyMars (also called "the artist," "I," "me," and "myself,"), relevant to all non-commercial projects. These terms are subject to revisions, editing, and additions without notice. 

When agreeing to receive artwork from me, clients (also called "you," and "your") enter a contract with me and agree to all terms on this page, which will not be superseded by any other terms unless explicitly agreed upon by myself and the client. Where there are multiple character owners per commissioned image, these terms will to extend to the owners of any characters depicted. 


Should any terms of service be breached, or the artist incurs damages caused by the client, the artist reserves the right to either issue a takedown DMCA notice or pursue damages through the Copyright Law of the United States. https://www.copyright.gov/title17/

By contacting and agreeing to receive artwork from me, the client also affirms that they are at least 18 years old. Minors trying to bypass this or caught lying about their age
 will have their commission cancelled, and be blacklisted from any and all future purchases.

TABLE OF CONTENTS

IMPORTANT INFORMATION

  • The artist reserves the right to refuse a commission without reason or explanation.
     

  • Allow up to two (2) months for commission turnaround.
     

  • By providing the client with a line of communication to the artist, the client agrees to act in a professional manner. Inappropriate/aggressive behaviour of any kind will not be tolerated. Should this or a breach of the Terms of Service occur, the artist may cancel the commission. 
     

  • The client must read, understand, and agree to all terms. By continuing with the commission and completing payment, the client has agreed to said terms.
     

  • The artist cannot and will not be responsible for a client's budgeting. Please be sure that you have the means to purchase before asking for a commission- otherwise, I ask that you do not request my services until you are able to do so.

  • The client is expected to be prepared and know what specific character(s) they would like drawn before contacting the artist. The artist will not choose from a gallery of multiple characters/subjects provided by the client. Linking a collection of numerous characters with the expectation of the artist having to pick and/or find images or the subject is an inconvenience to both parties and increases wait time.

  • The artist will not "re-do" any commissions for free. ​Future price changes and improvement in skill do not constitute any sort of refund or compensation.
     

  • All completed commissions will be for public viewing. The artist will not accept clients who wish to remain anonymous. Private commissions will not be accepted.
     

  • Clients WILL NOT receive a PSD, SAI, or any other file containing the layers of the work, as the artist's services only include completion and delivery of the full image. However, the artist reserves the right to distribute PSD/SAI files as they see fit (Patreon, Gumroad, etc).  
     

  • Upon completion of the commission, the client will receive the final, high-resolution image with no watermark or signature. The client will also receive a downsized and watermarked version of their commission for sharing on social media. 

PAYMENT AND PRICING

  • All prices are in USD (United States Dollars).
     

  • Prices are subject to change according to size, complexity, and/or detail of the piece at the discretion of the artist. Final prices stated by the artist are non-negotiable.
     

  • Payments are accepted via PayPal invoice. E-checks and "snail mail" will not be accepted. Items such as virtual or physical goods will not be accepted.
     

  • Payments made without prior confirmation by the artist will be immediately refunded.
     

  • Payment takes place immediately after the artist accepts the commission. Payment plans or partial payments will not be accepted.
     

  • Unpaid commissions will be cancelled if full payment is not made within 24 hours.

    • The client is welcome to contact the artist again and pay outside of this time frame if they were unable to comply due to uncontrollable circumstances (e.g., natural disasters or severe weather/power outages).
       ​​

  • If the commission is needed by a specific deadline that is communicated to the artist in advance, the artist may apply a fee at their discretion.
     

  • A quote may be provided at the client’s request. Quotes do not represent the final price and are an estimate at the time of sending. They can be changed at any point in the future at the artist’s discretion.

communication & revisions

COMMUNICATION

Any written text or communication must be in English.

A client remaining unresponsive after attempts at communication for one month without warning will have their commission cancelled and refunded (minus work completed, if applicable), unless the client has stated that they will be away or unresponsive for a specific period of time.

 

The client is expected to be clear and concise with what they want in their commissioned piece. The client is heavily encouraged to include any and all information that is relevant to the commission process so the artist can provide a completed product to the client's complete satisfaction.

 

When communicating with the artist:
 

  • The client is required to use the commission form to purchase a commission, while providing clear and accurate information in the form for the artist.

  • The client is expected to be prepared and know what specific character(s) they would like drawn before contacting the artist. The artist will not choose from a gallery of multiple characters/subjects provided by the client. Linking a collection of numerous characters with the expectation of the artist having to pick and/or find images or the subject is an inconvenience to both parties and increases wait time.

  • Image references are required and text-only descriptions will not be accepted. However, text notes of anything not included in image references are acceptable. (Example: "[Character] wears gold stud earrings not shown in the references, and has a scar on the left cheek.")

 

  • If the client lacks image references of a complete character, images of features (clothes, hair, eyes etc.) to explain a concept or appearance are acceptable.

 

  • Reference images should be clear, and not pixelated or blurry.


 

REVISIONS & EDITS

 

​The revision stage of the commission process is to ensure that the artwork is completed correctly and to the client's liking. The client is required to ask for other updates after these revisions, unless the artist sees fit to provide them of their own accord.

  • The client will receive a WIP (work in progress) sketch for approval before the commission is completed. Revisions, corrections, and edits are to be made to the sketch.
     

  • The client is allowed two revisions/edits without charge. Any additional edits will incur separate fees.
     

  • Extensive requests that diverge from the original description or references will incur additional fees.
     

  • Revisions can be made after the work is complete ONLY if the artist has made an error by missing something present in the original commission inquiry. Fixing of errors on the artist's behalf will NOT incur additional charges or fees. The artist takes full responsibility for any mistakes on their behalf. 
     

  • Revisions after a commission is completed outside of errors on behalf of the artist will incur separate fees.​


MINOR VS MAJOR REVISIONS
 

  • Minor revisions include changes to hands or feet, changes in facial expressions, small accessories (such as glasses or earrings), simple markings, and/or small changes to colors.

  • Major revisions include changes to position of the body, adding new clothing, and/or significant changes to markings/colors.

REFUNDS & CANCELLATIONS

I or the client may cancel the commission at any given time. I will issue a refund for work not completed, and the client will retain the rights outlined in this Terms of Service for the image as is. 

 

When a commission is cancelled before completion, the client is NOT allowed to use or distribute any incomplete art that has been provided. The artist still holds copyright to the artwork by law, and incomplete art may not be altered or completed by anyone else without permission. The artist reserves the right to edit and/or reuse the incomplete work.

CLIENT CANCELLATION
​  

  • If the client wishes to cancel the commission before payment, there are no repercussions. The commission will be cancelled and no further action needs to be taken.

 

  • If the client cancels during the revision stage (sketch/linework sent to the client for approval or edits), a 50% refund of the original commission cost will be issued. See the "Communication and Revisions" section for more information on the revision stage.

 

  • A client may not cancel after the revision stage and proper edits/revisions have been made upon request of the client. Art is non-refundable once it has been completed.

ARTIST CANCELLATION

  • If the artist chooses to cancel the commission, the client will be refunded in full (100% of the original cost).
     

  • The artist reserves the right to cancel and issue a full refund for any reason.

RIGHTS

RIGHTS as the artist

 

​The client assigns all rights to the artist. I reserve all rights granted onto me by US Copyright Law and the Moral Right to my work regardless of the characters depicted.

  • The artist retains full commercial and distribution rights on any image they produce. The artist is permitted to make prints, digital portfolios, CDs etc. of the artwork. This must be communicated with the client in advance and have the client’s full consent.
     

  • Removing any artist watermarks or signatures is a violation of these terms.
     

  • The artist retains the right to crop, edit, or alter the image for promotional use.
     

  • The artist does not claim any rights to any intellectual property or the character(s). 
     

  • PSDs and finished versions of commissions may be posted by the artist to paywall services such as Gumroad or Patreon.
     

RIGHTS as the client

  • "Client" refers to the person who has sent payment. Where there are multiple character owners per image but only one payee, all rights defined in the "client" section apply to each character owner. 
     

  • The commissioned piece may NOT be used for commercial purposes and cannot be redistributed or reproduced. The client may NOT make any profit off of the piece, which includes but is not limited to digital prints, physical items, etc.
     

  • The client may not alter or edit the piece of artwork itself unless agreed upon by the artist.
     

  • The piece may be reposted to the client's personal gallery so long as full credit is given to the artist.
     

  • The artist is not responsible for providing the client with a physical object, print, merchandise, etc. of the artwork, unless agreed upon in which a fee may be applied.
     

  • The commissioned artwork may not be resold.
     

  • The client may print a copy of the commissioned artwork for personal use if provided with written consent by the artist. It may not be redistributed or sold in any way.
     

  • If a client's commission has been stolen, misused, or falsely claimed by another individual, the client may report a removal request OR reach out to me (the artist) to request removal.
     


​REPOSTING

CLIENTS ARE NOT PERMITTED TO SHARE MY WORK ON THE FOLLOWING WEBSITES:

  • Facebook (http://www.facebook.com/)

 

  • SoFurry (https://www.sofurry.com/)

 

  • Inkbunny (https://inkbunny.net/)

  • Instagram* (http://instagram.com/)

 

  • Imageboards/Booru sites​​

 

*Client may post commissioned works to this website only with prior and written permission from the artist. Visible credit must be given to the artist.


Clients who are found posting my artwork to the above websites will be asked to have them removed. If the client does not comply, the artist will contact site administration and/or file a removal request. 

The client is permitted to repost the purchased art to their personal gallery or blog. Visible credit must be given to the artist in the description or caption.

 

Feel free to contact me if you have concerns or would like my permission.

 
 
 
 
 

Art © PeachyMars.