TOS
DISCLAIMER
• By purchasing my services, you automatically agree to the following conditions.
• If you have any questions, please send a note to twitter.com/alexitougu or email me at alexsartcommissions@gmail.com
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 CLIENT
• 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 claim my work as your own.
•All commissions are personal use only. If you want a commercial license please let me know!
• 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.
• Payments need to be paid at least 50% upfront before I start working.
• 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.”
• Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.
• By placing an order, you agree to these terms and conditions. Please read these terms carefully.
•Please credit me if you post your commission anywhere.
•First commissioners will have a 25% discount on their commission as long as they include any food emoji in their first message or anywhere in the commission form.
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/partial amount paid (depending on progress of the project), if I no longer wish to work on your project for any reason.
COMMERCIAL USAGE
• 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 will be 75% of 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).
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 both the full resolution and smaller versions of the Artwork (except for emotes).
• 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.
COMMISSIONS ORDERING
• You are expected to email / DM me your Order after filling out the Commission Ordering form.
• If your character is extremely detailed, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (eg. change the character, agree to simplified design changes) before the transaction is complete.
• Please make your request concisely worded with minimal abbreviations, so as to make the note clear to read.
PAYMENT
• I am not responsible for any mistakes that are made on your part over the course of the transaction.
• will only accept EUR or USD via Paypal as payment. You are responsible for making currency conversions.
• It is expected that you deposit a minimum of 50% of the price upfront before I start. No exceptions unless otherwise discussed.
• After 50% of the payment is sent, I will start Sketching. The Sketch will then be sent to you.
• I wont continue the sketch unless 100% of the payment is sent.
• I will initiate the transaction 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. Paypal fees are included. What you see is what you will have to pay.
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.
REFUNDS
• I can refund 100% of the payment only if I have not started working on the sketch.
• Once I start 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.
CHARGEBACKS
• 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.
WORKS IN PROGRESS (WIP) AND FEEDBACK
• I will send a WIP (‘work in progress’) image after 50% of the payment is completed.
• These images will come in the form of .jpg or .png files as an attachment in the email or DM.
• Please be available to provide feedback during this time.
• 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.
ORDER CHANGES / MODIFICATIONS
• I will only do changes in the sketch phase. Any color corrections can be done at the color stage.
• There will be a fee to change the character or the subject of a commission, and depending on the change a fee will have to be paid.
• If I have moved beyond the sketching phase, no changes to the character itself can be made.
• I am not responsible for any changes in ownership of the character in question.
• Once the commission is finished, small changes such as color adjustments are permitted if the missing or inaccurate element was an error on my part (ie. I missed a detail that you had provided in the order).
• If initial feedback was not provided clearly, any changes to the final piece will come with a fee.
• I will not redraw commissions unless payment is sent for a second order.
FINAL PRODUCT
• There may be slight differences between the samples in my gallery and the illustration you will receive.
• 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.
NDA (Non disclosure agreement)
-I reserve the right to record and livestream the progress of commissions. Unless you pay a fee to keep the commission a secret until debut.