TERMS OF SERVICE

These are the terms and conditions for commissioning a work of art for personal/private use. (Commercial and/or charitable use works are handled and priced a little differently, but the process described here is the same and you should still read on.)

Before you contact me to produce a work for you, you must read through these terms and click the confirmation checkbox on the email form to signify your understanding and agreement.

I’d love to be able to do business on a handshake and a general understanding, but unfortunately we live in a world where doing so is usually dumber than a bag of wet hair, for both parties involved. With regrets that the world makes the following necessary, please read all of it.

1. General Conditions:

All work is DIGITAL in nature. No physical work is offered or implied. (Click here to learn why that is a good thing.) What you are commissioning is an image, which you can then send to a commercial printer of your choice, if desired, for personal use only. (See Section 4, Copyright Notice, below.)

Prices are based on an hourly rate (currently $10.00 per hour) and may fluctuate based on demand. For example, a work that will take four hours will have a base price of $40.00 US. A work that will take seven hours to complete will have a base price of $70.00 US. You are paying for time and effort: the more work you want done, the more you pay.

I reserve the right to cancel and refund any work for any reason.

I reserve the right to refuse any commission for any reason.

Work takes time; be aware that just because a work is estimated to take a certain number of hours to complete, those hours do not begin the instant an agreement is reached. Work will be prioritized on a first-come, first serve basis.

Forbidden subjects include, but are not limited to:

Political pieces of any kind

Hardcore pornography

Imitation of other work (with the exception of parody versions)

2. Payment:

Payment will be accepted in U.S. Dollars via PayPal.

Payment will be made either 100% upon acceptance of commission OR 50% at acceptance and 50% upon completion. Failure to provide full payment will invoke the penalty clause (section 6, below).

3. Process:

Once you have read and agreed to these terms and conditions, send an email via the form below with a description of the work you want done. I will return email you. If the work is something I can/will do (see “forbidden subjects” above), I will provide an estimate of hours to complete, payment estimate, and estimate of time to delivery (subject to change depending on the length of our negotiations.) My doing so will NOT constitute an acceptance of commission. Such acceptance will be made in definite terms at my discretion at the end of our negotiations.

Upon acceptance of commission, payment will be due according to Section 2, above.

Once the commission is accepted and payment made, a basic, stick figure sketch version of the composition will be made and provided to you, to make sure that the general idea meets your approval. (Entitlement to this sketch may be waived by you if circumstances allow, for example if you have a photograph that you want “made into a painting” with no changes.)

You are entitled to up to three (3) revisions of this basic sketch before the final work commences. If for any reason you wish to waive this part of the process and leave things to my discretion, that waiver will be made in writing and retained by me as proof. Waiver of this part of the process forfeits any right to claims of dissatisfaction.

When and if the sketch is approved, an outline (“line art”) version will be made

You will be given the option to review the line art stage of the work before the final work is begun.

When and if the line art is approved by you, the final work will begin. If you choose to waive your right of approval, the final work will begin when the line art is complete.

At this point in the process, all payments already made by you are non-refundable.

Any revisions requested by you after this point in the process will incur an additional fee, the amount of which will be dependent on the complexity and/or difficulty of the change involved.

You will be informed of progress and/or delays as applicable throughout the process.

Once the final work is completed, if you are paying via the 50/50 method, a low-res image proving completion will be provided to you, and final payment will then be due. Failure to pay in a timely manner (to be defined when proof of completion is made) will incur the penalty clause (section 6, below).

Final delivery will be made via email after payment in full. Delivery will include a high-resolution, printable version (300 ppi, sRGB, optimized for printing at either 18” x 24” or 24” x 36” per your preference), a low-resolution version for internet posting, a desktop wallpaper version for your computer, and a version optimized for use as wallpaper on a smartphone.

4. Copyright Notice:

I retain the copyright over the completed work.

I retain the right to post the completed work as an example of my work (e.g., in my online portfolio, or in a publication such as an art book). This right can be waived, though an additional fee may incur for such waiver, at my discretion.

I may not directly profit further from the commissioned work, unless you violate any of these terms and conditions. (See section 6, below.)

You have the right to post the completed work on social media.

You have the right to create physical copies of the completed work for personal use (home display, a t-shirt or coffee mug, etc.).

You have the right to create backup copies of the completed work.

You may not profit on the completed work (reselling, redistributing, selling t-shirts/coffee mugs with the completed work on them, etc.).

You may not alter the work without my consent.

You may not use the work for commercial purposes (e.g., advertising etc.)

You may not claim the work as your own.

Violation of copyright will invoke the penalty clause (see section 6, below).

5. Cancellations and Refunds:

If you cancel your order before I begin the final work, you are entitled to a full refund.

Once the final work is begun, all payments received are non-refundable.

Please do not request a PayPal chargeback. I will return your funds myself.

If you request a PayPal chargeback, even if entitled to a refund, you forfeit your rights as defined by these terms and conditions, and will invoke the penalty clause (section 6) below.

6. Penalty:

If any of these terms are violated by you, or if you cancel your order after the final work is begun, full copyright and usage rights of the work will become my exclusive property.

The work will be considered a portfolio piece, and I will be entitled to profit from it in any way I see fit.

All payments made will be non-refundable.

And I will have the right to use my blog to tell everyone what a jerk you are.

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