u/MeloMagix

[Discussion] Looking for advice and feedback on my ToS

Hi, would love feedback on my ToS and if any changes are required.

General

By commissioning me, the client agrees to my terms of service as listed here.

Payment

  • All prices are in USD and payments are processed through PayPal Invoices.
  • A minimum deposit of 50% must be made upfront to start a commission. The remaining shall be paid before completion of the artwork.
  • 100% upfront payment is required for surprise me commissions.

Revisions

  • Client is entitled to 2 major revisions suring sketch phase.
  • After sketch has been approved, only minor changes will be accepted (color changes, minute details,etc). Major changes from this stage occur additional fees.
  • Surprise me commissions have no communications and revisions. Revisions will only be made if the Artist makes a factual mistake regarding the character's design or details provided in the original reference sheet (e.g., wrong eye color, missing markings, or incorrect clothing details). These revisions will incure no fees.

Deadlines and Delivery

  • Usual Turnaround Time: 1-3 weeks from DOP.
  • All commissions shall be finished at a maximum of 2 months.
  • Digital Files (PNG, GIF or MP4) only, no physical product will be shipped.
  • If the Client requires the artwork to be completed by a specific date or within a fixed timeframe, this must be explicitly requested and agreed upon before the initial payment is made. A rush fee ranging upto 50% for extremely fast timeframes may be applied.

Rights

  • The client retains the right to the character designs and references provided.
  • The artist retains the copyright and ownership to all completed artworks and assets. This includes the right to display the artwork as well as share work in progress or speedworks in my portfolio and on my socials. (Unless explicitly agreed otherwise)
  • The client may ask for a artwork to not be posted till a specified date, before starting on the commission.

Usage

  • All artworks produced are for personal, non commercial uses only.
  • Using the artwork for monitized use incurs an additional fee of 50% of total commission rate.
  • Any full commercial usage must be explicitly discussed and agreed upon before the commission begins. A custom commercial use fee will be applied based on the project's scope.
  • The client is not allowed to use my art for AI training or NFTs.

Communication

  • All communication will be done on the primary place of contact as discussed with client.
  • Low resolution, watermarked WIPs will be sent to clients at every stage.

Cancellations and Refunds

  • If artist has not started on the commission, the client will be refunded the deposit made, minus PayPal fees.
  • Once the Artist has started working on the commission, 50% of the total price is deemed strictly non-refundable to cover labor and time. If the Client deposited more than 50% upfront, the remaining balance above that 50% threshold will be refunded.
  • No refund if the commission has been completed or is near completion.
  • Incase, I’m unable to complete the commission in due time, I shall offer a refund of 100% minus PayPal fees.
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u/MeloMagix — 5 days ago