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Terms of Service
By engaging in the commission and making the payment, you ("the Commissioner") agree to be bound by the following Terms of Service ("Agreement") between you and KG ("the Artist").
Please read this Agreement carefully before proceeding.
If the Commissioner has prepared their agreement (or is represented by the company or a lawyer), the Artist may be willing to accept the terms provided by the Commissioner.
Art
The purchase is for digital files only. No physical copies will be provided or shipped.
The art will be delivered by e-mail or google drive (if the original file is too big).
Usage and credits
Personal Usage
If not agreed upon, the artwork is for personal use only. The Commissioner may not reproduce, distribute, alter in any way (including AI - generative artificial intelligence) or use the artwork for commercial purposes (and gain profit) without the express written consent of the Artist.
The Artist retains all rights, including intellectual property rights, to the commissioned artwork. The Artist has the right to use, display or reproduce the artwork for promotional or commercial purposes, including prints, merchandise, and online portfolios.
If the Commissioner requests private artwork (withhold with using the artwork and share it online) additional charges may apply.
The Commissioner may not claim ownership or authorship of the artwork.
Commercial Usage
Due to rise of generative AI, the Artist no longer offers transfer of copyrights. Instead, there is offered a long-term or lifetime license allowing distribution, reproducion and selling excluding altering or using the commissioned artworks for and with generative AI.
Once agreed upon, the commissioned artworks can be used by the Customer for commercial purposes, such as using the artworks on monetized platforms (such as Twitch, Youtube, etc.) or selling the artwork as the merchandise for personal profit.
For commercial commission Artist can provide layered files of the artwork (psd. format). The Commissioner may not use or distribute the layered files without the Artist's written consent.
Process
The Artist will provide a sketch for approval after receiving full or partial payment. In this step, the Commissioner can ask for changes free of charge. The second revision allows for small changes, color revision and adjustments.
Significant changes to the artwork at later stage (such as composition, character design) or major alterations, may be declined (if impossible) or incur additional charges. The Commissioner will be notified of the additional costs and must provide approval before the revisions are made.
In special cases (eg. design commission) both parties can agree for more free revisions.
The Artist will keep the Commissioner updated with screenshots of the progress until completion. The commissioner may ask for updates any time.
Delivery time
The completion time of the artwork is based on complexity of the commission and communication process.
For reference - the artwork of one character (medium complexity, no specific background) can take about 6 - 8 hours (total drawing work, including sketch and composition but excluding gaining references and communication time).
The complex illustration scene can take over 20 hours.
Depending on the workflow/backlog it can take from a couple of days to a couple of weeks.
Bulk orders (eg. picture books or coloring pages)will take 2 - 6 months depending on the complexity.
Rush Orders
For faster completion or tight deadlines, the Artist may require additional fees. The details of any rush orders and associated charges will be discussed and agreed upon by both parties.
The rush orders may be declined by the Artist.
Artwork Delivery
The Artist will send the full size finished artwork only after Commissioner has completed the full payment.
Upon completion, the Artist will provide the Commissioner with large (original) and resized versions of the artwork. The Commissioner may post and use (eg. as avatar) the small, signed and glazed copy for their personal social media platforms with providing a link to the Artist.
After completion of the artwork, the Commissioner may request small changes (such as color adjustments or adding small details) free of charge.
Payment
The payment is done via Paypal invoice and/or bank transferrs.
The payment can be done in full in advance or in installments. In both cases, the payment must be done after accepting the commission, but before starting the work.
The last part of payment must be done after confirmation by the Artist that the work has been completed.
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Refunds
If the Artist has started the work and because of life circumstances cannot finish it, the Commissioner will be informed and offered the refund.
The full refund will be paid if there was no sketch completion/approval. If the sketch has been approved, the refund will take 70% of the paid price. If the work has already the lineart and colors, the refund will take 50% of the total paid price.
If the Commissioner canceled the commission after the Artist began to work, but before sketch approval, the refund will be 50% of the paid price. If the sketch has been accepted and further, no refunds will be guaranteed.
Confidentiality and Acceptance
The Commissioner and the Artist shall not disclose each other's personal/contact details to any third parties without explicit consent from the other party.
Payment of the invoice sent by the Artist implies acceptance of these terms and conditions.
Any legal actions will be taken under the law of EU and/or Poland.
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