Terms of Service
By commissioning me in any shape or form, you agree to my Terms of Service listed below.
It's the client's responsibility to read and understand these terms.
Updated: February 29th 2024
By commissioning me in any shape or form, you agree to my Terms of Service listed below.
It's the client's responsibility to read and understand these terms.
Updated: February 29th 2024
Index
• Artwork Rights • Behavior and Respect •
• Time Frame • Commission Process •
• Payment • Refunds •
• Artwork Rights • Behavior and Respect •
• Time Frame • Commission Process •
• Payment • Refunds •
Artwork Rights
Artist's rights - I, the artist, retain full copyright to all of my artwork. - I only retain copyright of the artwork, while the copyright of the characters involved is retained by their respective owners. - My artwork may not be copied, reproduced, traced, edited, referenced, used or reuploaded in any way without my written permission. - I retain commercial rights to all of my artwork. While all art I make may end up in advertising and/or potential digital collections with due credit to the characters owners, clients' commissioned work that involves original characters won't be used without written consent in the rare case of physical merch. - My artwork may not be used for commercial purposes/reselling/advertising/branding/making any profit without my explicit written permission. - If you wish to order artwork specifically for commercial purposes, a one-time license fee and/or royalties will be applied depending on the project and use intended for it, which will be discussed with the individual client. Commercial use licenses are non-transferable and exclusive to the original client, and proper credit will still be required. - I retain full display rights. All artwork will be posted to any and all of my galleries and used in personal promotional material, as well as the ability to livestream and/or record the artwork's process, unless previously agreed otherwise. - Do not repost my art without my permission and especially without credits/my watermark/signature. Art of my personal characters may not be reposted anywhere without my permission. Fanart may be reposted as long as credit is clearly present and the image is not cropped/edited. - When crediting with permission, you may link to my active social media, my website or credit under the name WhitewingsArt, unless stated otherwise. - All and any artwork I've ever created, be it personal or commissioned, are not to be associated in any way with non fungible tokens, cryptocurrency or anything blockchain-based, nor to be used in/to train "Artificial Intelligence" image generators of any kind. This sort of use of my work is strictly prohibited and will lead to immediate and permanent blacklisting of all parties involved, regardless of whether or not its intent is for advertisement/profits associated with it. If you see any of these activities, please report it to me promptly. - I reserve the right to refuse a commission at any time for any reason without obligation of justification. - I reserve the right to change any and all information on this page at any time without warning. Only previous written agreements won't be voided unless specifically addressed. Client's rights - Clients and owners of the characters are allowed to repost their paid-for artwork and use it in any personal way they desire as long as they don’t claim it as their own, meaning that my watermark/signature is still on it and/or I’m credited. - Clients have the right to edit their artwork by cropping and resizing for personal use. Any other edits are prohibited without explicit permission, so if want to heavily modify my art, please contact me first. - Clients are allowed to use their paid-for artwork for personal/non-profit use only, Mass production of free merch and/or use in commercially-relevant settings/branding may not be done without my explicit permission. - Artwork done by me can be included with due credit in the resale/trade/gift/passage of ownership of the character they were drawn for, and the new owner will inherit the same rights to the artwork in question with the respective obligations. - Those who receive any artwork from me of their characters have the same rights and obligations as clients themselves. - Most of my artwork will have my signature and/or my watermark. Clean full-quality versions of the artwork provided to the clients are for personal use only and are not to be posted anywhere. - When commissioning me, you're paying for a service which results in digital goods, not the artwork itself. This means that the expertise and time already applied to the commission process are non-refundable, and that completed commissions are not eligible for refunds. - In the event of a full refund, clients lose the rights to the artwork they paid for, while in the case of chargeback fraud, clients will be blacklisted unless the situation is promptly addressed and compensated, and the artwork in question will be altered and reused as I deem fit. - Work files are not provided unless explicitly asked for by the client, and are not guaranteed to exist past a year since completion. Behavior and Respect
- You must be 18 years old or older to commission me. - Repeated infringement of my ToS and serious violations will automatically cancel your order and refund you. If deemed necessary, I will put you on my blacklist. - Rudeness, harassment, violation of boundaries, stalking and any illegal behavior towards me or any other party involved in my business will result in direct blacklisting with no appeal. History of scamming and such behavior will have the same result. - Since I have the right not to explain myself if I refuse a commission, you'll be expected not to guilt trip or harass me about it. - I do not haggle. Any and all discounts/offers are decided solely by me. - I do not reserve slots nor offer rush orders. - All communication regarding commission work is to be done through email unless stated otherwise. Work emails are usually checked and responded to only within work hours, usually within a couple of business days. Make sure to check spam folders. - Asking for updates on your commission is completely fine, but please check my public queue first. Pestering me won't make me work faster on your piece, and if you keep doing so, you might end up blacklisted for harassment. - Not all time dedicated to art is part of work days, so personal art and projects will be worked on in-between paid work. Clients are expected to respect this, as this is a measure necessary to avoid burnout and the artist will do their best to remain on schedule regardless. - A commission transaction does not grant you further social interactions, please respect boundaries. - I do not take responsibility in the event of improper use of someone else's character, be it stolen or used without permission. Still, I will require proof of ownership or a written permission for orders that include someone else's character. - I do not work with people who use AI-generated images or anything related to web3, nor wish to be associated with them. - I am only responsible for my own mistakes, so I'm not liable for mistakes on your part during the commission process. |
Time Frame
- Although turnaround time for commissions is usually much quicker, please allow at least 4-8 weeks from the day you purchased your commission for it to be completed. If your commission has not been completed after that time, feel free to contact me to request progress updates or for a full refund. - Orders are placed in the queue and may shift in position depending on payment and response time. Orders that remain unpaid within the agreed timeframe will be voided. - The order in which paid work is worked on is flexible depending on a few factors, such as feedback and response time, overall time of completion (smaller/similar orders might be completed in batches), available time and so on. Queue position might also permanently shift in case of delays in communication. In the event of any substantial delay, I'll communicate with the clients and/or put a note on my public queue/schedule. - Please refer to my Schedule to see my work hours, but keep in mind that it might not be completely accurate due to external causes (health, IRL issues, other priorities, etc). Some work hours will be dedicated to communication only. Commission Process
- Unless stated otherwise, use of Commission Forms is required to make the process faster and keep all relevant information in one easy-to-access place for both parties. - All commission requests go through a selection and are not first-come, first-serve. If you're selected, I will contact you privately to confirm the price quote and address any additional questions. - Failing to respond within the indicated timeframe after being selected for a commission will result in your slot being voided, and you'll have to apply again at a later time. This applies to auctions as well. - WIPs will be sent out regularly, usually depending on the amount of progress and necessity of feedback. The client can request to receive WIPs at particular stages or none at all. - Failing to reply to WIP updates within 72 hours will automatically bump you down the queue, and a reminder will be sent. Your commission will keep being bumped down until it's the only one left, at which point I will continue working on it to clear my queue. If you're unable to give feedback within that timeframe, please let me know beforehand or with a quick message. - You may ask for major edits only at the sketch and lining phases. Once the image has reached the coloring phase, major edits will be considered case-by-case and may be subjected to fees at my discretion, especially if they were to impact the integrity of the image. - Not asking for WIPs to approve or giving me artistic freedom means that you’ll probably get your commission done faster, but it also means that you trust me with it and that major edits won’t be possible once the artwork is completed. - Edits required by my own mistakes will always be free of charge. - Generally edits won’t be allowed on completed and approved pieces, but additional minor edits are up for discussion within the year since completion. - I retain the right to re-use at my discretion any sketch you refuse for your commission. - For more info, refer to Commission Info. Please be aware that said page is considered an expansion of this part and counts as Terms of Service. Payment
- All payments must be made in EURO (€) via PayPal invoices or via Stripe, unless stated otherwise. - Payments must be sent within 48 hours of receiving the invoice or details, unless previously agreed otherwise. Failing to pay within the agreed timeframe will result in the order being voided. - Full payment must be sent either upfront or right after the sketch phase has concluded. Further work won't be done until the payment has been received. - For tracking and safety reasons, I will be the one sending an invoice. NEVER send the payment without my approval. - In case something needs to be shipped, shipping costs will be discussed with the client and calculated into the price. Eventual customs are on the client. - Tips are not necessary, but always appreciated. Donations can be directed towards my Ko-Fi page. Refunds
• Refund type 1: If I decide to cancel a paid order (for any reasons) or I haven’t started your commission within your request of refund, you will get a 100% refund. • Refund type 2: If you (customer) decide to cancel a paid order that has already been worked on, you will get a partial refund (depending on the progress made) and receive privately what has been worked on so far. • Refund type 3: No refund will be provided once the order has been finished, for any reason. - DO NOT take your money back on Paypal without asking me for a refund first, as both of us could run into issues with Paypal. If you let me handle the refund, you’ll get your money back faster and without losing PayPal’s fees. In the event of chargebacks issued by the client or their bank service, the related fees must be compensated by the client. - In case of refund types 1 and 2, I retain the right to re-use the cancelled commission in its entirety or parts thereof, be it for a YCH or other artwork. - Please don't commission me if there is a known chance you'd need the money. While I can be reasonable if things suddenly go wrong, it's not fair to me or any other artist if you suddenly need the money back because you didn't think ahead. |