Terms of Service
Updated March 4th, 2023
By commissioning me, you agree to and are bound by my Terms of Service. Both parties will be held accountable for everything stated herein.
These terms apply to commissioners seeking artwork for personal use only. Terms for commercial work are discussed separately.
I. GENERAL
II. SUBJECT MATTER
III. MY ART & YOU (COPYRIGHT & USAGE LICENSES)
IV. PROCESS & ALTERATIONS
V. LIVESTREAMING
VI. ORDERING & DELIVERY
VII. PAYMENT & REFUNDS
These terms apply to commissioners seeking artwork for personal use only. Terms for commercial work are discussed separately.
I. GENERAL
- You must be of legal contract age (18 years old) to place an order.
- I reserve the right to decline a commission order for any reason.
- Unless otherwise specified, all work will be done digitally. For most illustrations I default to a 3200x2800 canvas (for other types it can vary), but I’ll be happy to work with a larger canvas if you’d like it at a higher resolution for personal printing. Just let me know!
- I reserve the right to post the work in my online galleries & portfolio, but you may request to remain anonymous at no additional cost. If you wish to keep the commission private (I don't post it anywhere nor use it as a portfolio piece) there will be an additional 30% added to your final quote.
- I reserve the right to artistic license on any aspect of the piece that you don’t give specifications for.
- I make my commission queue public via Trello, where I update on the status of your commission (and use labels for myself).
II. SUBJECT MATTER
- By default, my artwork will always be SFW (safe-for-work).
- An additional fee will be charged for any subject matter that is considered NSFW (not-safe-for-work). NSFW content includes, but is not limited to: sexual imagery (i.e. arousal), sexual acts, and extreme gore.
- Non-sexual nudity does not result in a fee.
- I do not draw scat, cub/loli/shota (notably, implied sexual themes of this nature), watersports, non-con, or any hateful imagery.
III. MY ART & YOU (COPYRIGHT & USAGE LICENSES)
- I, the artist, retain full copyright of the completed piece. I do not sell completed works depicting a client's characters without written permission. This includes: prints, merchandise, zines, or patron bundles (if applicable). However, there is a chance the work will appear in advertisements or in my portfolio.
- In agreeing to your commission, I grant the commissioner the following rights via personal use license of the completed artwork:
- The right to share and upload the piece with appropriate credit (a link to any of my galleries);
- The right to crop/adjust the image for use as a wallpaper, icon, banner, etc. and any minor editing/filter application that is required for such (including additional protective watermarking);
- The right to re-distribute the work in situations such as character sales/transfer (Note: I have no issues with my commission price being included in any re-sale prices);
- Coloring a sketch or line art.
- However, I do not permit:
- Heavy editing of the artwork (drawing over, erasing, manipulating it, etc.) so it becomes a different piece;
- Sale of the artwork via prints or other merchandise, including digitally (unless an agreement for commercial use has been made, through writing);
- Removal of my logo/watermark.
- No content made by me (CaptainTigglesworth) may be used in any blockchain-related technology, to include NFTs, cryptocurrency, or future inventions in said space.
- Full resolution files are given for your personal viewing/enjoyment. I request that you do not share any work that is full resolution or does not display my logo/signature. I provide a lower resolution file that is ideal for uploading to make it easier for you to share.
- Toyhou.se users: Images without a signature/logo should only be uploaded if the publicly viewable image is appropriately watermarked.
- If you'd like to upgrade your personal use license to a commercial use license for work you've commissioned, you may do so for a fee. Please contact me for a quote.
IV. PROCESS & ALTERATIONS
- Turnaround/expected delivery times will be discussed prior to any invoice being sent out, so you can decide if it works for you or not. If you'd like a rush order, there will be an additional fee, proportional to how much sooner you'd like the work completed.
- Should an issue arise and the commission will take longer than discussed, I will notify you appropriately.
- By default, I will send you WIP (work-in-progress) snapshots at the sketch and line work stages (if applicable) to make sure you're able to give me any corrections or request any alterations before I move to the next step of the process. Unless you've given me advance notice of an absence, if I don't receive a response in one week's time, I will proceed with the commission as-is, and will not go back and make any major changes. Alternatively, you may request that I halt progress on your commission if no response is received within this time period. This is to ensure that I can make room for more commissions in my queue.
- I will allow up to two (2) major change requests at the sketch stage, one (1) at the line art stage, and anything at the final stage will only be altered if I made a mistake or missed an important detail.
V. LIVESTREAMING
- I may at times work on commissions during a livestream. Reference materials are not fully visible during these streams (they may be partly visible so that I can color-pick quickly, but never the full image at usable resolution).
- If you do not want me to work on your commission during public live streams, please let me know ahead of time and I will avoid streaming while working on your commission.
- I am available for private streams, but I charge $30 per hour per private stream session, up to 8 hours maximum per session, including breaks. Note that long breaks (i.e. meal breaks, or any breaks exceeding 15 minutes) are not included in the charge.
- I work on my queue systematically; I am only guaranteed to work on specific commissions during a stream if you request the work to be done ONLY during streaming sessions.
VI. ORDERING & DELIVERY
- When using the order form on the website, please submit one form per item unless ordering sticker chibis in bulk OR is the items include the same characters and are of the same type (2 sketches of the same character(s), etc.)
- To place an order or receive a quote for a commercial use project, utilize my business inquiry e-mail (skychildoftime[at]gmail.com) and include "BUSINESS INQUIRY" in the subject line.
- While I prefer visual references, I will work off of written descriptions if needed. If this is the case, please provide all of the information up front to facilitate a smooth workflow. I will only ask for clarification on what I don't understand.
- Disclaimer: My ability to accurately portray characters/ideas with only written descriptions is based on how well the description is written. I will do my best, but unless errors are made on my part, I will not make major changes outside of the allowable adjustments as outlined in section IV. In such cases, you will have to choose whether you want to pay extra (based on the amount of time and effort involved), accept the image as-is, or work out a partial refund.
- Please order using the form! I use this for keeping track and ensuring that all of the information I need is there.
- If you're ordering for a special occasion and have a deadline, please order at least 4 weeks in advance.
- Completed pieces will be delivered via your preferred delivery method (as specified on the order form). Please double check for accuracy on the order form before submitting.
- Any changes to the delivery method must be requested by e-mail, with the subject: "COMMISSION - DELIVERY CHANGE"
VII. PAYMENT & REFUNDS
- I accept payments via Stripe (preferred) or PayPal (upon request), in US Dollars only.
- Payment will be completed via invoices.
- Payment must be cleared before I begin. For work totaling more than $300, a down payment of $100 is required. The rest must be paid before I send out the completed piece.
- If my prices change between the time you submit your order information to the time I send the invoice, I will honor the lowest rate.
- Refunds are available: in part for work I’ve already started, or; in full for anything that I have not yet begun work on. For completed work, a refund will only be granted if you forfeit usage rights for the completed piece, so that I can re-use the sketch to sell as a pre-pose/YCH ("Your Character Here").
- If a partial refund is granted, you will receive the progress up to that point. Do not pay another artist to finish my work without my permission.