Terms and Service
1. The Artist has the right to refuse any Commission request, within reason.
2 The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.
3. The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, “pornographic,” simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.
4. The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law ( http://copyright.gov/title17/ ).
5. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.
6. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
7. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
8. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
9. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.
10. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [traditional art] Commission.
10a. The client may not edit, alter, or trace the Commission without the Artist’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.
11. The Client may display the Commission in Profiles as long as the Artist’s name (“ROCommssion”) is prominently displayed. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work. Commissions in Profile displays cannot breach Term 10, Term 10a, or Term 14.
11a. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.
11b. Under no circumstances may the Client submit a Commission to any kind of online or offline contest.
12. Digital art Commissions will be provided to the Client via email or an online download location in .jpeg format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission); the Client is responsible for all shipment costs.
13. The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. Three additional options are available:
14. If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service must be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.
15. The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless agreed upon in the Commission Agreement prior to Start of Work.
16. The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 18 will be applied as necessary.
17. Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.
18. The Artist has the right to pursue damages under United States Copyright Law ( http://copyright.gov/title17/ ), should their exist a violation in addition to a breach of these Terms of Service.
Required Client Information
• Email Address: The Client is encouraged to contact the Artist via email (ROCommission@gmail.com) to query a Commission.
• Phone Number (Optional): The Artist will not call the Client unless there is a conflict in schedule, payment, or a breach in the Terms of Service.
• Other Forms of Communication: The Client may request a different form of communication (e.g., phone call, Skype, Facebook Messenger, etc.) to discuss a project before signing a Commission Agreement. However, the Artist must have the Client’s email address when entering into a Commission Agreement after query and discussions are complete.
• Physical Address: The Artist only needs the Client’s address if the Artist is shipping a [traditional art] Commission or a digital art print.
• Age: If the Client is under 18, the Client must supply contact information for a parent or guardian. The Artist reserves the right to contact the parent/guardian of an under-aged Client, to ensure that there is no breach in the Terms of Service, and the Client is able to pay for the Commission.
• Specifications for Commission: Please refer to Term 3, Term 4, Term 6, Term 7, Term 8, and Term 9 for guidance.
Payment
• Payment: The Artist requires half payment up front before Start of Work and half payment after commission is confirmed to be finished, unless otherwise agreed upon in the Commission Agreement.
• Currency: All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit XE.com for accurate currency conversions.
• Method: The Artist’s preferred method of payment is via PayPal services, and addressed to MShafiekBusiness@gmail.com.
• Cancellation: Please refer to Term 17 for refund policy.
Artists&Clients
