All articles of this Terms of Service are applicable unless specifically outlined within the final written agreement between Client and Artist. 

By contacting me for work you are hereby agreeing to the terms expressed above. 

All PayPal transactions are subject to the PayPal Privacy Policy. 

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Updated 08.06.2024

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1 - Client requirements

~ Read the Terms of Service in full.
~ The client must be above the legal age (18+)

~ The client is required to provide at least a brief description of the art piece they would like produced, plus any necessary reference material, deadlines, image size/format and the scope of the project. A quote on a price will be given by the artist once all necessary information is provided.
~ All commission details must be discussed privately, not publicly on forums or social media. Email is preferable, however the artist may also discuss commissions via Bluesky, Facebook or Discord if it is more convenient for the client. Video/audio conversation via Discord, Skype or Zoom is also accepted, but the terms of discussion must be agreed upon in text format between both parties beforehand.

~ The client must be respectful of the artist and the artist's time. The artist has a right to turn down clients who are rude, inappropriate, impatient or lacking in sufficient communication skills. Inappropriate behaviour may also result in a refund being issued if any payment has already been made.

~ Excessively rude, abusive, problematic or uncooperative behaviour could result in the client being permanently blacklisted.

~ The artist may take legal action against clients who engage in illegal behaviour.
~ When the commission is completed, the client can post only the watermarked/Glazed version online.

~ Commissions are completed on a first-come, first-serve basis unless discussed otherwise. There will be additional costs if the client wishes to be moved ahead in the queue.

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2 - Rights

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~ All rights and ownership of the artwork remain with the artist unless agreed otherwise. Rights, licences and ownership can be purchased at additional cost.
~ The commissioned artwork is for personal use only.
~ The client cannot alter, modify, distribute or use it for commercial purposes unless they have purchased a licence. This includes but is not limited to: selling the artwork in any way shape or form, using the artwork as a business logo, using the artwork to promote a business/book/website etc.
~ The standard limited licence includes the use of the artwork on social media for avatars or banners, for use in YouTube videos (as long as full credit is given) or to use for any personal reasons such as laptop wallpapers or posters. 
~ Minor changes such as cropping or adding text are allowed.
~ Do not edit out the watermark.
~ The Artist retains the right to alter, modify and post the illustration on social media, Patreon, to sell it in their shops, create merchandise, etc. unless agreed otherwise. The artist also retains the right to post work-in-progress images of the commission.

~ Use of commissioned artwork for NFTs or for AI image generation is completely prohibited.

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3 - Payment and Prices

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~ Payment via Paypal only.

~ 50/50 (Half now, half on completion) payment can be arranged.

~ When the deal is agreed, the artist will send the invoice to the client’s Paypal email address. 
~ The client must pay the agreed upon amount within 24 hours.
~ The artist will not start working on the commission until payment is received.
~ All PayPal transactions are subject to the PayPal Privacy Policy.
~ The artist is happy to accept tips through payment.
~ Displayed prices are subject to change depending on how long a commission takes to complete.
~ Additional costs will be added if a specific or tight deadline is given. 

~ The client must not send a payment and ask for a commission if nothing has been agreed between upon between artist and client.

4 - Refund

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~ The client can claim back a 90% refund if the commission has been discussed, but not commenced. 
~ The client can claim back a 50% refund after the first finished sketch is completed if they do not like how the image is proceeding and do not want to see the project through to the end. 
~ The client cannot claim back a refund once the image is 75% completed or any time after. 

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5 - Technical information and drawing

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~ Payment covers the costs of a maximum of 4 thumbnail sketches, a maximum of 3 minor revisions to the finalised sketch and a maximum of 2 minor revisions to the finished piece for all basic tier commissions.

~ Payment covers the costs of a maximum of 10 thumbnail sketches, a maximum of 5 minor revisions to the finalised sketch and a maximum of 5 minor revisions to the finished piece for all premium tier commissions.

~ The client will be required to make additional payments for any and all extra revisions.
~ The client will receive two digital images of the finished painting. One high resolution, and one lower resolution version for posting online. The lower resolution image is protected with Glaze.
~ The artist’s default canvas is A3 with 300dpi
~ The artist will not draw material that is illegal or hateful/discriminatory.

~ The artist will not draw pornography or fetish art. Suggestive material or romantic interactions between all types of sexuality and gender are acceptable provided it is not (18+) material.

~ The artist will not draw copyrighted material unless the copyright holder has given explicit permission to do so. The artist will also not draw stolen characters or material.
~ The artist is willing to draw gore, violence or politically charged material (such as material for animal welfare and human rights) as long as the artist agrees with the nature of the image.

~ The artist will not accept any client work associated with NFTs or AI image generation.
~ The artist retains all rights to turn down a commission for any reason.
~ Issues for the artist - such as family matters, disability and illness - will always take precedence over a commission. If a commission is going to be delayed for any reason, the client will be informed firstly and the artist may cover a small reduction in price.
~ The artist’s working hours are from 9am to 8pm Mondays to Fridays. The artist will not communicate or work during weekends, holidays or any time before and after 9am-8pm. If the client desires work to be completed within these times, overtime charges will be added.

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6 - Retention of Images and Files

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~ The artist stores all finished work on an external hard drive. This isn’t a guarantee that the work can be recovered if the client loses the image. 

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7 - Prints

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~ The artist currently does not own a suitable printer for prints. The client is therefore responsible for all printing. The client is sent a full-resolution version of the image in order to produce the print. This will change in the future. 

 

8 - Final Notice

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All articles of this Terms of Service are applicable unless specifically outlined within the final written agreement between Client and Artist.
By contacting the artist for work the client is hereby confirming that they have read and understand and agree to the terms expressed above.
Contact the artist at kayaskosmos@gmail.com if you have any questions.