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 TEH TERMS OF SERVICE

By requesting services for an art commission or design work, the client has confirmed that they have read and agreed to teh terms of Service (TOS) including the commission information, process, copyright usage, revisions, pricing, cancellations and conduct. The TOS is subject to change periodically, especially prior to making a commission request. It is important that the client is responsible for making sure that they have read, acknowledged of what they are requesting, following and respecting the terms accordingly.

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The client is welcome at any time to address questions or concerns involving the commission. My purpose and goal as an artist and designer is to project any thoughts, ideas and concepts into the work that best fits the client's purposes, standards and wishes. 

GENERAL INFORMATION

Commissions offered are usually illustrations (character work + backgrounds), profile pictures, and emoticons or stickers. I also open up misc. commission types from time to time such as existing style replication and my customized "retro" screenshots. Various design work including logos, icons, template design for poster work and websites are offered.

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You can make a commission request by either contacting me via email or listed social media (Twitter/X, Instagram and DeviantArt) or by using the form for faster and convenient filling. Be as clear and detailed as much as possible about the subject, background, props, objects, design, and etc. Also be sure to include references and examples necessary to help support the idea for the work. Any submitted inquiries that have ineligible or missing information will be sent back for further clarification. Failure to comply with submitting further information will have the commission request rejected.

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Submitting a request for a commission does not guarantee that I will be able to accept and work on the commission. This would depend on the following if the reserved slots are open or full, the subject(s), prop(s), etc. meet the TOS and commission info of what I can draw, design or am comfortable with, said subjects, props, or design ideas etc. have legible references or examples for assistance with creating the work, the commission type and rendering style stated, the work has intentions stated for personal or commercial usage, a specific deadline for the art or design work to be completed and desired budget or current funds of the client.

Once all of these factors have been assessed, a final quote will be given for the project and/or confirmation that I can work on the commission. The client is free to decide on whether they choose to proceed with the commission or to postpone the commission for a future time. A commission request will be rejected if the above factors are not met, answered or go against the TOS and/or what I am comfortable working with. If I have commissions closed or spots full, all new requests will be waitlisted on my Trello board queue until I am ready to review them.

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If the client is hiring more than one artist or designer for the project, they must let me know ahead of making their commission request so I can meet with the other parties to discuss and keep up to our terms and specifics involving the project.

 

The client must administer respectful conduct throughout the commission process by following the terms of service and being clear and communicative throughout the commission for the work.

I can draw and work on:

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  • animals​/anthros/creatures

  • character/reference sheets

  • comic pages

  • emoticons

  • fan art of existing media

  • humans/humanoids

  • indoor/outdoor scenery

  • logos​

  • icons

  • moderate bodily fluids, injury & violence

  • existing OCs of others with consent

  • real human subjects with consent

  • "retro-style" screenshots 

  • poster design

  • profile pictures

  • style replication of existing media

  • simple or complex patterned scenery

  • stickers

  • website design

I do not draw or work on:

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  • adoptables

  • controversial topics or subjects​

  • content with intended AI/NFT use*

  • displays of extreme and explicit bodily fluids, gore & violence

  • existing OCs of others without consent

  • fetishes of any kind, regardless of non-sexual or sexual context

  • illegal, immoral, hateful or discriminating content or context

  • overly complex designs (mech, tech, amor)

  • real human subjects without consent

  • realism or hyper realism

  • sexual or suggestive displays​

PROCESS AND SCHEDULE

The process of a commission starts with the client:

 

  • Discussing the details of the request for art or design work, including the subject(s), characters, objects, backgrounds, the commission type, the rendering style, intended copyright usage of the work, if mentioned, a deadline for when the work should be complete, providing references/examples of the subject described and desired budget or funds for the commission​.

 

  • Once the client sends their request, they will receive a ​confirmation of whether the request can be completed or a rejection. If the commission can be confirmed to be done, the client must read, acknowledge and agree to the TOS before proceeding to payment.

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  • Then using their payment method, the client can send full or partial payment for me to begin on the artwork or design.

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  • Throughout the commission process, the client will receive and review work in progress (WIP) drafts and discuss any revisions necessary to make to the work. All drafts are under a protective watermark until the final draft is approved by the client. These drafts will evolve from rough sketches to polished sketch, line art, flat colors, rendering and any additional elements made to the work. Once the work has been completed, the client will review the final draft and if satisfactory, approve the work. The client then sends any remaining payment they have left for the commission and I send over the final artwork through email only as .JPG and .PNG (or .PSD files if requested by the client for editing).

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I will update on the status of the commission to the client with WIPs or with brief notes. The client also has the option to view their commission status on my Trello board for fast convenience. An expected timeframe to complete a commission, depends on the style, complexity, workload, and quantity.

 

  • A rough sketch can usually take about a week to complete. If they include rendering, it will take an additional week.

 

  • Retro-style screenshots can usually take about a week to complete. If they include rendering, it will take an additional week.

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  • Profile pictures can usually take 2 to 4 weeks to complete. If they include rendering, it will take an additional 1-2 weeks.

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  • Full Illustrations can usually take 3 to 4 weeks to complete. If they include rendering and background, it will take an additional 2 weeks.

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  • Comic pages can usually take about 4 weeks to complete. If they include rendering and background, it will take an additional 4 weeks.

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  • Logos, icons, and all graphic/web design can usually take about 1-3 months to complete, from the stage of brainstorming, concept, reference gathering, color and design plan to template creation and final elements and touches. 

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Commissions with deadlines or on sale take priority. Some commissions may take a shorter time to complete while other commissions may take longer. In the case where special circumstances allow the commission to take longer to complete, the maximum deadline will be set to be due 6 months from when the commission was paid. 

COPYRIGHT USAGE

PERSONAL USAGE RULES: 

 

Personal usage falls under using the work ONLY for print, display or for digital means as an icon, banner, asset, reference image, cover, etc. The artwork under personal usage must have mention of my artistic credit. My signature is applied in a discreet or hard-to-remove area of the artwork for artistic credit. If the commissioned work is to be used in any non-commercial projects including advertisement, film or any other media, details must be discussed with me prior to ensure that the intention is purely non-commercial.

 

The client is NOT ALLOWED to do the following with personal artwork:

 

  • Modify the commissioned work without my permission. This includes making edits, remakes of the work and removing my signature.

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  • ​​Plagiarizing the commissioned work as their own through re-licensing, tracing or making reproductions of the work and claiming it as theirs.

 

  • Reposting and using the work in any advertisement, film, website or social media without crediting me as the artist

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  • ​Profiting off the commissioned work. This includes reselling and creating physical or digital prints and goods of the work and promoting the work for existing sources, designs or posts on monetized platforms. This also includes profiting off copyrighted subjects in any way.

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  • Involve the work with non-fungible tokens (NFT), the use of artificial intelligence (AI) machines and software and cryptocurrency-related schemes. 

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  • Removing protective watermarks and/or signature, plagiarizing or using WIP files for profit.

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COMMERCIAL USE RULES:​

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The client has an option to request commercial usage ​of the commissioned work prior to making their request or once the commission is complete. A non-negotiable and non-refundable 300% fee will be applied to the total quote of the commission.

 

The work may be ALLOWED USE for, but not limited to:

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  • Brand identity (logos, icons, layout design, etc.)

 

  • Business materials (cards, flyers, takeaways, poster work, etc.)

 

  • Covers for albums, books, graphic novels, magazines, etc.

 

  • Illustrations for visual media (games, books, animation, film, etc.)

 

  • Collaborations or promotions with other artists, businesses, corps, etc.

 

  • Projects that are financially involved or are generating a profit or personal gain​

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Preexisting designs or subjects, whether it is of my own, copyrighted or another source that does not belong to the client, are not allowed for commercial use.

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As the artist, I have full copyrights to the commission for self-promotion at any time. This includes the right to post and display my works on my website, various social media and through physical means. If the client requests that the commissioned work remain private, their request must be made prior to submitting their request at no charge. Private commissioned works will not be shared publicly through social media or at a physical presence until the client states otherwise at their discretion. I will not claim or profit off the client's intellectual property or subject of the commissioned work, nor will I claim or profit off any copyrighted subjects. The subject and property of the commissioned work will be credited accordingly under the discretion of the client.​​

PRICES AND PAYMENTS

Monetary value in USD (United States Dollar) is only accepted. Any offers of alternative currency from websites, organizations, games, rewards, cryptocurrency, subscriptions, gift cards, or promises of monetary value through public promotion are NOT ACCEPTED at any time, for any reason.

 

Please be sure that you have the necessary funds or budget ready to purchase a commission prior to making your request and after the commission has been complete. There is no deadline to purchase in order to begin work, so clients may postpone as long as they like until ready with the required funds. The maximum deadline for clients to buy their completed commission is 6 months or they will no longer have access and permissions to their commission.

 

I do not start on any type of work until required partial or full payment has been made.  Payment plans are available depending on the commission type:

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  • Payment plans for design work involving websites, logos and poster work are available at an $30 USD hourly rate, beginning with the sketch/wireframe/prototyping stage. Design work will be charged accordingly based on each completed stage.

 

  • For rough sketches, illustrations, profile pictures and emoticons/stickers above $50 USD, a non-negotiable 50% partial payment is required to start any work on the commission. Otherwise, non-negotiable payments in full are required for works under $50 USD.

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All payments are accepted only using PayPal, CashApp and Venmo. Checks are only accepted upfront if the client has no access to the mentioned accepted payments. Deadlines for checks are due within 6 months of the completed commission or the client will no longer have access and permissions to the commission. No form of payment is not to be sent until I have confirmed details with the client, accepted to working and have given a payment plan.

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If the client is using PayPal, they may pay through an invoice that I will send to them using their preferred email (preferred for financial protection for both me and the client) or through using my PayPal.me link. If the client is using CashApp or Venmo, they must title their sent payment as the label that I will give to them.

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Prices for art and design works are subject to change depending on the commission type, complexity, timeframe, workload and quantity. Additional prices will be applied respectively and given in the final quote. The client is responsible for making sure that they have read the conditions of the commission type and their given price and/or additional charge.

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Additional charges will apply if the client requests the following for their commission:
 

  • Additional graphics (at least 50% charge for icons, text, borders, patterned designs, etc.)

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  • Commercial work (300% fee of the original price)

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  • Number of comic pages (100% additional charge of the original price for each page)

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  • More than one featured character or prop (20% charge of the commission price for each subject)

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  • Rendered background and additional props (75% cel shade charge, 85% soft shade charge, 95% lineless render charge, as per original price)

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  • Render type of cel, soft or lineless shade (at least an additional 30% charge of the original price of the commission type)

 

  • Requested .PSD file editing (100% charge for personal works with non-removeable signature, free for commercial work)

 

  • Rush deadline mentioned after commission terms have been discussed and during WIP (150% charge)

 

Revisions will be charged accordingly depending on the commission stage, complexity and workload.
 

REVISIONS AND REFUNDS

The client is entitled to a limited number of minor and major revision work throughout the commission process. These revisions are free by default until the client's requests have exceeded the amount of free revisions given for minor and major types.

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Minor revisions involve changes to the following:

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  • Accessories of the subject(s), prop, design, graphics, object, etc.

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  • Changing the color palette of the character, prop, design, graphics, object, background, etc.

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  • Layout and alignment of the subject(s), prop, design, graphics, object, etc.

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  • Special effects such as blurs, motioning, final lighting, filtered colors, overlays, etc.

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Major revisions involve changes to the following:

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  • Redesign or complete change of the background and background setting

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  • Redesign of the entire appearance of the subject(s), prop, design, graphics, object, etc.

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  • Change in rendering style for the entire work

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  • Resizing or cropping the canvas

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Depending on the commission type, the client may be entitled up to:​

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  • Rough Sketch: 2 minor revisions and 1 major revision

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  • Emoticons + Stickers: 2 minor revisions and 1 major revision

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  • Profile Pictures: 2 minor revisions and 2 major revisions

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  • Comic Page(s): 4 minor revisions and 3 major revisions for all panels and pages

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  • Illustration: 4 minor revisions and 3 major revisions

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  • Icons, Logos and other graphics: 5 minor revisions and 4 major revisions

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  • Website design: 5 minor revisions and 4 major revisions

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​​It is important that the client makes note of revisions throughout the commission process to ensure that the commissioned work is up to their standard. Any revisions after the number for free ones have exceeded will incur a 30% additional charge. No revisions will be given once the work has been completed and fully delivered.​

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I reserve the right to cancel a commission at any time for any reason. Cancelling the commission does not necessarily have to do with the client or their conduct throughout the process, but a reason will be provided nonetheless. Cancelled commissions run by me will receive a full refund.

 

The client must notify me ASAP of choosing to cancel their commission, within reason. Depending on the commission stage, they are entitled to a refund that reflects on the progress made:

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  • Some commission types are usually selected on sale for a discounted price. Commission types selected on sale are NON-REFUNDABLE. 

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  • If it has been over 4 weeks since I have not started on the commission, the client is entitled to a full refund.

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  • If the commission reaches the start of, during or after the sketching stage, the client is entitled up to 50% for a refund.

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  • If the commission reaches the start of, during or after the line art and flat coloring stage, the client is entitled up to 25% for a refund.

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  • If the commission reaches the start of or during the rendering/additional details and effects stage, the client is entitled up to 15% for a refund.

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Once the work has a final draft that is approved by the client and delivered, there are absolutely NO REQUESTS for a refund.​​

CLIENTELE CONDUCT

DISCLAIMER:

 

Any exchange and communication made between I (tehnutball), teh artist and the client is business only. Unless I am interested and choose to initiate, the client is not entitled to have any kind of relationship above business relations regarding a commission, nor are they entitled for my involvement with future endeavors such as art trades and requests, gifts, collaborations or projects.

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I do not associate with, support, tolerate and will not be held accountable for any abusive, discriminating, inappropriate, and offensive acts that are exhibited from clients, nor do I claim to hold the same ideologies and beliefs as them. This includes racism, sexism, political ideologies, religious beliefs, sensitive and controversial topics, subjects and beliefs, etc.

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TROUBLESOME CLIENTELE:

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You will be considered a troublesome client for the following:

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  • Intentionally breaking, disrespecting or going against all listed rules and statements of the TOS

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  • Intentionally displaying abusive, discriminating, inappropriate, and/or offensive conduct or engaging in said behavior

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  • Offering non-monetary currency, exchange or promotion/monetary exchange by promotion as payment

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  • Paying an amount that does not meet the required prices mentioned in the final quote for the commission

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  • Requesting chargebacks or refund requests without my permission AND informing me

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  • Spamming communication daily on a constant basis either about updates to the commission or impatiently rushing a commission

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  • Using the work for purposes without my permission for profit, plagiarism or harmful, hateful, illogical and immoral purposes

 

If I have reason to believe that a client has performed and/or acted in the above actions and behavior, they are considered troublesome clients. I reserve the right to terminate all interaction with the troublesome client and have them blacklisted from ever commissioning my services and banned from ever having communication with me. Legal action may be taken if the actions of the troublesome clients are severe to a point where it threatens my work, services and my person.

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