Terms of Service
You must be 18 years of age or older to order a commission.
A. General Terms
i. All Custom Art is to be used solely by the commissioner for personal use. It is not to be used by anyone other than the commissioner without their sole written permission. It is not to be used for publicity and/or advertising purposes, nor any commercial use unless prior agreed upon in writing with the artist. It is not to be edited, referenced, or copied in any manner. Any form of credit (be it name, watermark, etc.) on artwork completed is not to be edited or removed under any circumstance. The artwork is copyrighted to the artist, and the commissioner has paid for partial rights to the work. Under no circumstance may any art be used for AI Training or NFT businesses.
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ii. Edits to any commission may be requested up to 48 hours following the commissioner receiving the finished product. After 48 hours as passed, edits will no longer be offered, as the artist may no longer have access to the working file and is under no obligation to make further changes to the finished product. During the creation process, the commissioner may request up to three edits. After this, a 10% fee will be applied for each requested edit. If the artist is at fault for a mistake (i.e. missing anything clearly shown on the reference provided or explicitly included in forms) it will be fixed free of charge. Any edits before or not included on a reference or in the form will be subject to a change fee determined by the artist depending on the edits requested. The artist will not completely redo a completed work. By commissioning this artist, the commissioner agrees to acknowledge that they are paying for the artist's style and interpretation of any characters provided.
iii. Credits and Intellectual Copyright of the final product belong to the artist, and are not to be profited off of under any circumstances. Claiming the work as your own or removing the artist's signature and credit is prohibited. The artist will retain the right to display any and all commissions in order to self-promote their work. The commissioner is granted personal, non-commercial use of the finished artwork. Contact the artist for inquiries regarding commercial work.
iv. Minimum Time Required for completion of a commission is two months (or 8 consecutive weeks) without the option for a full refund. After this time has passed, the commissioner will be granted the option of acquiring a full or partial refund. See SECTION B.IV for more details on refunds. A Rush Fee of 25% will be implemented onto the total cost of a commission if the requested deadline is less than the two-month minimum. Due dates should be discussed with the artist before commissioning the artist.
v. Queue Fluctuations may occur, and the artist reserves the right to work on commissions based on inspiration to create the best possible product for the commissioner. This may result in a newer commission being completed before an older commission. The artist generally works chronologically, but variations may sometimes occur based on inspiration or deadlines.
vi. Clear Reference Images must be provided by the commissioner of their pre-existing character or pet upon placing their order (excluding character design). AI-generated characters or references are not allowed and will not be accepted as valid references. The artist reserves the right to refuse to work with references including (but not limited to): shading, large watermarks that obscure the design, and unclear posing.
B. Payment & Updates
i. USD Commissions are required to be paid upfront in full via PayPal Invoice. Payment must be received within 24 hours of placing an order unless otherwise discussed between the artist and the commissioner beforehand. The commission will be canceled if the artist has not received payment within 24 hours and has not been contacted with a sufficient explanation. If this is a recurring behavior, the commissioner may be placed on a temporary blacklist. The artist will retain the right as the seller to deny a commission for any reason, with or without providing said reason to the customer.
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ii. All USD Commissions will have a 7.25% Sales Tax rate applied per the Department of Revenue. This tax is applied to the total order value before any discounts or other fees are added and will be reflected in the invoice.
iii. Payment Plans are available for orders totaling $150 or more. The artist must be contacted before placing an order requiring a payment plan to discuss the details of said plan. All payment plans require a minimum of 30% payment up front as a non-refundable deposit. The finished product will not be provided unless otherwise stated until the payment plan has been completed. The artist reserves the right to decline any proposed payment plan for any reason per their judgment. Please refer to the Payment Plan Terms of Service document for fully detailed terms.
iv. Full Refunds will only be granted after the designated eight-week waiting period if the artist has not begun work on the commission. If the artist has begun to work on the commission, only a partial refund will be granted to the commissioner based on the amount of work dedicated to the commission to account for the use of time and resources. If the commission is at the sketch stage, a 75% refund will be given. If it is at the linework/middle stage, a 50% refund will be given. A 25% or less refund will be given if it has passed this stage. Cancellation of a commission on the customer's behalf will not be refunded unless requested within the first 24 hours of payment, and the artist has not begun working on the commission. If an order cancellation is attempted after 24 hours and within eight weeks, the artist retains the right to deny a refund. A full refund will be given if the artist cancels a commission on their behalf. If a refund is issued at any point, the commission will be canceled and the artist is not required to complete it. The artist reserves the right to repurpose any canceled commission at their leisure. If a commission is canceled and the artist has begun working on the commission, then the commissioner retains no right over the artwork and may not use it in any way.
v. Cashapp, Venmo, Zelle, Apple/Google Pay, and similar services are not considered valid methods of payment at this time.
vi. Work-in-Progress Updates ("WIPs") can be requested at any point by the commissioner after the artist has started working on their commission. Small art orders are not automatically given WIPs. Large arts, references, customs, and some other larger or more complex pieces will have a WIP sent for approval at the sketch stage. WIPs after the sketch stage are not guaranteed. The artist will contact the commissioner on their own time with any questions or concerns or if the need for approval arises.
C. Miscellaneous
i. A Will & Won't Draw List is available to see what the artist will not draw and can be found here. Contact the artist for any questions about content.
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ii. Complex Designs will incur a 20% additional fee added on top of the final cost of the commission due to extra time spent on the process of the artwork. Complex Designs are defined through the following: more than 5 colors, excessive gradients, excessive small details, or intricate or large accessories (complex jewelry, wings, etc). The complexity fee will also be applied if the artist is asked to work off of photographs only (scanned references without digital color palettes). The artist reserves the right to deem a character complex for any reason not listed above if they feel it will add excessive time to the process.
iii. Privacy must be requested ahead of time or at the time of ordering with commissions. If not requested or clearly stated in the commission, then the artist retains the right to host streams during the process and post the final product publicly. The artist is not required to notify the commissioner if they are streaming and working on their commission, nor does the commissioner retain any right to request a stream of their commission. Unless otherwise requested, the artist can publicly post works-in-progress images and the final product.
v. The Artist Retains the Right to update Pricing and Terms of Service at any time. Any updates are implemented immediately to all commissions and artwork prior to and following updates.
Questions or Concerns?
If you have any questions or concerns regarding any articles of this Terms of Service, feel free to reach out to the artist on any social media site. For the quickest response, message them on Discord (onlyhalfpigeon) or email them at ohpartworks@gmail.com.