terms of service
Terms
- I, KK, the Artist, have the right to refuse any commission request, without needing to explain the reason.
- I reserve the right to stop work on a commission or to cancel a commission request.
- By commissioning me, the Client is purchasing the Artist's labor only. The Artist retains all rights to the Commission, which includes but is not limited to: distribution, reproduction, use of the commission for Artist promotion (e.g. profiles, personal space, public space, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement.
- If the commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the commission agreement / commission correspondence prior to the start of work.
- A complex commission as defined by the Artist may incur additional illustration fees, to be defined and agreed upon in the commission agreement / commission correspondence prior to the start of work.
- If the commission is defined as confidential in the commission agreement / correspondence, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the commission agreement until such time the agreement specifies public display is permitted. A Client may not request the Artist to complete a commission without defining the timespan in the commission agreement to eventually allow the Artist to publicly display the image.
- The Client may not distribute, reproduce, or otherwise profit from the commission, beyond the resale of the original [traditional art] commission, or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement.
- The Client may not edit, alter, or trace the commission without the Artist's expressed, written permission, or as agreed upon in the commission agreement prior to start of work. A Client may not claim they produced the artwork, remove my watermark or signature, repost my artwork without linking back me, or have another artist edit the commission without permission. A Client may crop or the work without permission as long as it does not remove my signature.
- The Client may display the commission in profiles as long as the artist's signature / name is prominently displayed along with a link to https://kbk-art.weebly.com/ or https://www.deviantart.com/snoodls. Additionally, any profile display of the Artist's commission must notify the Artist. Commissions in profile displays cannot breach Term 7 or Term 8.
- The Client cannot display a commission outside of personal space or in a public space unless the commission is executed under new Terms of Service agreed upon in a Commercial Purpose commission agreement prior to the start of work. The Client must obtain written permission from the Artist prior to displaying the commission in a public space if not already defined in the commission agreement; additional fees may apply.
- When purchasing a character design commission, the Artist retains legal rights to the produced image and design; however, the Client is considered the legal copyright holder of the character, but may not use this character for commercial purposes unless agreed upon under new Terms of Service in a Commercial Purpose commission agreement prior to the start of work.
- Under no circumstances may the Client submit a commission to any kind of contest.
- Digital art commissions will be provided to the Client via email or an online download location in either .jpeg or .png format; this does not include the commission native files (e.g., .psd, .sai, etc.), unless agreed upon in the commission agreement, or thereafter, the client obtains written permission from the Artist.
- The Artist is not responsible for the cost of shipping a commission [traditional art commissions]; the Client is responsible for all shipping costs.
- The Client may request a preview of the commission at any time during the commission process, but may not request changes unless a change process is agreed upon in the commission agreement prior to the start of work. If the Client is unsatisfied with the work during the process, minor changes can be requested. Major changes, unless at the fault of the Artist, will incur additional costs. No changes will be made once the commission is entirely completed.
- Refunds may only be issued if the Client notifies the Artist prior to the start of work. No refunds will be issued after the start of work, nor will a refund be issued before or after start of work if any of these Terms of Service are breached. The Client will be expected to contact The Artist if a refund is needed. Do not issue a PayPal forced chargeback. Additionally, the Artist has the right to revoke access to, and stop work of, the commission at any time after the start of work if these Terms of Service are breached.
- No work by the Artist may be minted into an NFT (non-fungible token) or be sold for any cryptocurrency.
- The Artist has the right to pursue damages under United States Copyright Law ( http://copyright.gov/title17/ ), should there exist a violation in addition to a breach of these Terms of Service.
These Terms and Conditions are subject to revision without notice. The Client must read and understand these terms before entering into a Commission Agreement with the Artist. Once the Client enters into a Commission Agreement with the Artist, it is assumed the Client has agreed to all Terms and Conditions.
Definitions
Artist: The individual producing the commission (the Artist, Katherine, I, "snoodles").
Client: The individual purchasing the commission.
Commission: The form of service provided by the Artist to the Client per the Commission Agreement. "commission," "art[work]" are used interchangeably herin and in commission correspondence.
Commission Agreement: The discussion, documented via email, instant messaging service, or Google Form submission in which the Artist and Client agree to the subject matter and type of Commission, the price, the point in time which the Artist is expected to begin the start of work, and, if applicable, the Commission deadline, early termination circumstances, rush fees, and posting delays to the Artist's portfolio. This Commission Agreement will remain on record with the Artist, along with any other documents related to the Commission, for at least two years. Upon agreement, no modification or amendment to this Agreement or any waiver of any rights under this Agreement will be effective unless in writing and signed by the Artist.
Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission.
Profile(s): Online locations where the commission may be displayed (e.g., Twitter, Tumblr, etc.). Profile(s) do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.
Personal Space: Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.
Public Space: Offline locations that do not fall under “Personal Space” above.
Commercial Purpose: Any image or project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work.
Commercial Purpose Commission Agreement: A Commission Agreement developed specifically for Commercial Purpose Commissions. A Commercial Purpose Commission Agreement requires separate Terms of Service, developed on a case-by-case basis.
Client: The individual purchasing the commission.
Commission: The form of service provided by the Artist to the Client per the Commission Agreement. "commission," "art[work]" are used interchangeably herin and in commission correspondence.
Commission Agreement: The discussion, documented via email, instant messaging service, or Google Form submission in which the Artist and Client agree to the subject matter and type of Commission, the price, the point in time which the Artist is expected to begin the start of work, and, if applicable, the Commission deadline, early termination circumstances, rush fees, and posting delays to the Artist's portfolio. This Commission Agreement will remain on record with the Artist, along with any other documents related to the Commission, for at least two years. Upon agreement, no modification or amendment to this Agreement or any waiver of any rights under this Agreement will be effective unless in writing and signed by the Artist.
Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission.
Profile(s): Online locations where the commission may be displayed (e.g., Twitter, Tumblr, etc.). Profile(s) do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.
Personal Space: Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.
Public Space: Offline locations that do not fall under “Personal Space” above.
Commercial Purpose: Any image or project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work.
Commercial Purpose Commission Agreement: A Commission Agreement developed specifically for Commercial Purpose Commissions. A Commercial Purpose Commission Agreement requires separate Terms of Service, developed on a case-by-case basis.
Payment
- The Artist requires payment up front before the start of work, unless otherwise agreed upon in the Commission Agreement.
- All prices are expressed in US Dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount of foreign currency equal to the USD price. Please visit https://www.xe.com/ for accurate currency conversions.
- The Artist's preferred method of payment is via PayPal. I will invoice you through PayPal. Other payment methods can be made available to the Client upon request.
- I will not start work until the payment has been received. Payment is expected within one week.
- Please refer to Term 16 for refund policy.
- I am open to payment plans if orders exceed $100 USD.