Tart's Detailed TOS on Illustrations, Vtubers and Overlay commissions

General Terms:

PAYMENT UPFRONT!
Once calculated, payment is upfront to allow the purchase to process fully while I work on your model.(as soon as I start on it)

Projects that require a deadline are subject to a Priority fee

NO NFT REQUESTS:
-I do not allow NFTs to be commissioned.
-I have the right to seek legal action if my art is being used via profit for NFTs.
-Failure to state your commission is an NFT will be forbidden from commissioning me.
-I reserve the right to decline any commissions for any reason whatsoever
-Please do not clutter the commission submission form; write a legible description of your commission. 1-3 sentence backstories are fine.
-If you would like to talk to me directly, DM me on twitter.
-As an artist with a social media presence, it’s important to me that I maintain that. This means I will be creating, streaming and posting while working on your commission, unless an NDA is discussed/agreed on

NO AI USAGE:
-Do not feed my art through AI
-Do not use my art to train AI
-Do not use AI filters on my art
-Do not use AI to remove my watermark

Commercial rights:

-Illustrations: +60%
-Chibi: +40%
-Vtuber/PNGTuber Models: included
-If desired, commercial rights can be discussed with the artist.
-With commercial rights, you can make any sort of merchandise with the artwork.
-Credit for artwork is still required, even if altered or edited.

Cancellation & Refund Policy:

I reserve the right to cancel or refund any commission for any reason.
Process percentages:
0% Invoice paid, no progress made | 90% refund available
10% Invoice paid, sketch started | 80% refund available
30% sketch done | 70% refund available
40% line-art started | 60% refund available
50% line-art done | 50% refund available
60% coloring started | 40% refund available
70% shading started | 30% refund available
80% coloring line-art | 20% refund available
90% details, adjustments | 10% refund available
100% artwork has been completed | no refund available

Reasons:
-A 90% refund is only available if you have paid the invoice, and the canceled commission hasn’t started. I keep 10% as a convenience fee.
-If I am the one to have canceled the commission, I have the right to issue a refund based on how much time I have invested into the commission.
-If a commission is canceled before it is 90% complete, the client may not keep the incomplete art, I still hold copyright to the art. The incomplete art may not be changed or completed by another artist.
-A 50% refund is available for commissions that have been halfway completed.
-If you file a chargeback against me, you lose the right to any artwork I have made for you, and I have the right to sell the copyrighted artwork to other buyers.

Customer Satisfaction:

Capturing my client’s image to the best of my abilities I will allow 3 minor revisions BEFORE the line-art. Any revisions after that will come with a fee I deem fit. This means anything I personally judge as a minor or major change, or anything that forces me to redraw the art completely. The time taken for your artwork can take up from 7 business days to 1 business month or on an agreed deadline.

Priority & Due Dates:

Priority queue: 50% of OG comm
Prioritizes your commission in queue
Due dates:
The maximum booking I will take is under 3 months. Anything extending that there is no fee

Weeks/Months Amount
1 week 30%
2 weeks 20%
3 weeks 15%
1 month 10%
2 months 5%

You must link me with a valid name/link back to my commissions page whenever you are using my art in a public place.

The following is considered Copyright Infringement:
-Flipping my art to use it as a NFT
-Feeding my art through AI
-Reproducing/using the copyrighted artwork commercially(making profit)
-Taking credit for the artwork
-removing/obscuring my watermark/signatures
-altering/filtering the artwork without my consent
-If you break any of the copyright infringement in anyway, your rights to the artwork will be redacted

Usage policy:

I, the artist, hold every right to the produced drawing, not the client.

I’m allowed to use the artwork for the following purposes:
-Promote myself within any place or site
-Display anywhere to my liking
-Post wherever I want

The commissioner is allowed to:
-Use the copyrighted artwork for personal use. Unless agreed otherwise.
-Claim the rights to their character(s) but not the drawings itself.

Edit
Pub: 04 Sep 2022 01:26 UTC
Edit: 06 Feb 2024 18:09 UTC
Views: 222