Information

Terms of Service

the following are strictly observed and applied to all services. please read carefully.

Menu

Information

Terms of Service

General Terms & Disclaimer
Client Obligations
Payment
Other Fees
Process
Revisions
Deadlines
Usage Policy
Refunds

Chevron Up

Star

General Terms & Disclaimer

The Artist reserves the right to decline commissions; cancel and refund the money for a commission, at any time.
The final product is strictly for Personal Noncommercial Use ONLY. Rights must be purchased for Commercial Use feel free to discuss it beforehand.
Always credit and link back to The Artist whenever you post it online.
The Artist retains all the rights over all the commissioned outputs.
The Artist is allowed to display all commissioned outputs and post it online or attach it in their portfolio.
The Artist reserves the right to record the creation of the artwork unless agreed upon otherwise.
You are solely responsible for securing the proper rights for the characters you want the commission to feature.
Certain statements may be bound to change if discussed with the Artist prior to the commission.
Should any of the terms stated here be violated or breached you will be given a warning to explain and correct whatever action was made. However, if the warning is ignored, I have the right to publicize your violation and block you.

Heart

Client Obligations

When you commission you agree to the following:

Fill out the form carefully. Aim for it to contain all the necessary information regarding the artwork. This will be my main reference.
Provide not more than 4-6 images for reference in the form unless asked otherwise or you've informed beforehand.
Respond clearly and timely when asked for feedback.
Assume responsibility for failing to provide important information at the appropriate time during the commissioning process. In this instance, the time shall be indicated in our contract under "Revisions" or any other time feedback is requested.
Please read these Terms carefully so we won't run into any problems during the process and so that I won't have to explain repeatedly about the process.

Cart

Payment

The client must first settle the payment after the agreement before the artist starts working on the commissioned piece.
Only commissions amounting to 5000 JPY, 2,500 PHP or 50 USD and above can be paid 50% upfront and 50% upon completion (if the client wishes to).
A proof of payment (screenshot, receipts) must be shown to confirm your order.
Available payment modes can be checked here.
Other concerns and details should be discussed during our agreement, or feel free to inform me earlier via email/DM so we may discus the payment process, quotations, etc.

Cart

Other Fees

A Design Fee applies for those who DO NOT have a reference for the subject and would like me to draw from a description or collage of images.
A Kill Fee applies for termination of contract if there is one. If the Client terminates the contract anytime after the Deposit is made, but before the Artist completes the 1st round of revisions, the Deposit shall act as a Kill Fee. If the Client terminates the contract at any point after the Artist completes the first round of revisions, the Artist will keep the Deposit and the Client will owe a further 25% of the full balance as a Kill Fee.
Expenses: The Client will reimburse the Artist for the following expenses (model fee, stock art purchases, font licenses, etc.) separately from Artwork Fee. Expenses are subject to prior approval from the Client and The Artist will submit and provide receipts for these expenses with their final Invoice.
For private commissions or NDA work there is an additional 50% Fee separate from the Commercial License Fee.
Requesting the Non Watermarked version of the Artwork will cost 25% of the total fee. Unless the Artwork had been commissioned for Commercial Use in which case it's already been paid for. Or the Artwork costs $100 or more, where the non watermarked artwork comes for free. But you are not allowed to post the non watermarked artwork online, redistribute and reproduce it or gain any sort of profit from it unless you've bought the commercial rights for it which you may discuss with the Artist.

Message

Process

WIPs (Work In Progress) will only be shown if the commissioner personally asks for it or if the price exceeds $50.
I may still however choose to show you WIPs regardless, based on my own uncertainty with references, layout or the overall look of the artwork, unless it's specifically requested that I do not.
The time for your commission to be completed can be up to a month depending on many factors such as; Health, order of commission, complexity, Work, school or family issues. (If any of the things stated above occurs you will be notified asap.)

Art

Revisions

I do not offer revisions nor showing of process and progress of work for commissions less than $30, unless specifically requested to. (Only for WIPs. Revisions will still come with fees.)
Layout and Color Approval will be decided upon the 1st round of Revisions after which the next respective changes will count as a revision.
I offer at most at least 3 revisions per project after which each revision will cost 5% of total fee.
Revisions necessary due to my own faults are free of charge.

Calendar

Deadlines

Deadlines MUST be agreed upon beforehand.
It usually takes 2 weeks to a month before I get to start working on a project depending on whether I am open for commissions or currently working on a project.
Depending on the timeframe deadlines are subject to a Rush Fee.
Please state clearly and from the beginning if you'd like a time limit for your commission delivery. I do not allow due dates earlier than 2 weeks, and I will specify in my openings if the commission(s) will take longer than normal, so please keep this in mind.

Information

Usage Policy

You are allowed to alter your purchased art in the following ways:

Cropping: for avatar or icon use.
Cropping and resizing for your website, social media account. [w/ proper credit.]
Print it for yourself and display it in anyway you wish to.
You may feature it in videos (e.g. use as thumbnail or background), so long as there would be proper credit that links back to me.
My scope for "Personal Use" is pretty wide just make sure it does not interfere with the clarity of who the artist is and so long as it is not used to gain any profit in any way like being mass produced in bad quality to be sold as merch.

NOT ALLOWED:

Purchasing art from me grants you PERSONAL USE of your digital copy, which means you cannot in any way use the art to gain profit.
Redistribution.
Recoloring or Painting over.
Removal of my watermark/signature.

You may discuss w/ me via email if you wish to use your art for other PERSONAL uses that do not fall under these categories. Or if you wish to buy the rights for your commissioned artwork.

Cancel

Refunds

Refunds are affected based on the contract of agreement, if a contract is present.
The Artist charges a Kill Fee for termination of contract/commission.
Once work has started you may not refund your down payment.
If you wish to cancel the commission and you are fully paid I will only refund half the price of the Artwork if I've already begun the commission and will charge a Kill Fee as stated above.
Full refund is only allowed if I have not begun work within 15 days after the payment has been made or if you cancel your order within 3 days after down payment.
Failure on my part to deliver the product within a suitable amount of time as agreed upon by myself & the client will also result in a full refund.

Chevron Up

Back

Services & Rates

© Mimzywhimsy. All Rights Reserved.