Terms of Service
Definitions:
Artist: The individual producing the Commission ( "Ymbrynae," “Ymbrynae_draws," "Ymbrynae").
Client: The individual purchasing the Commission.Commission: The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and in Commission correspondence.Commission Agreement: The discussion, documented via email or social media platforms (such as, Instagram or Reddit), in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission and the Artist begins to create the Commission.Profile(s): Online locations where the Commission may be displayed (e.g., “galleries,” such as r/DnD, Instagram, Twitter, etc.).“Profile(s)” do not include any sites, communities, or a website’s sub communities that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. The Artist is not at fault for other content shown on these websites or communities adjacent to their work. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.Personal Space: Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.Public Space: Offline locations that do not fall under “Personal Space” above.Commercial Purpose: Any image or project to be Commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work.Invoice: The client will receive a statement in the form of a Paypal invoice or bill describing the Commission items, prices, as well as the terms and conditions.
TERMS
Payment
1. Payment to the Artist by the client will be made through Paypal.
2. The payment currency used will be USD.
3. The Artist must receive half of payment from the client before beginning the Commission.
4. The client must pay in full after the final Commission piece is finished.
5. Payment must be received by the Artist within 5 business days after the client receives the invoice.
Refunds
1. Refunds are possible if the client cancels the Commission piece BEFORE the Start of Work.
2. Refunds are possible if the Artist is unable to complete and/or deliver the Commission piece for any reason.
Flow of Work
1. After payment, the Artist will begin the Commissioned piece. After thumbnail sketches for compositions are produced, the client will receive the finished thumbnails and may request any edits as well as notify the Artist the preferred composition.
2. After the thumbnails have been approved, the Artist will work on a refined sketch for. The finished sketch will be sent to the Client for approval and may request any edits excluding the main pose.
3. After the sketch is approved by the client, the Artist will begin the linework and add the flat colors to the Commission piece. The client will receive a work in progress of the artwork at this point to change any colors. Changing any main details will not be possible at this stage.
4. After colors and linework/sketch are approved by the client, the Artist will continue to the shading and refinement of the piece. The client will receive a halfway progress of the piece for proof of progress. Only minor edits are possible at this stage with approval from the Artist.
5. Once the Commission piece is complete, the client will receive the final product.
What the Client Receives
1. A digital file in the form of a .jpeg, .png, or .tiff will be sent to the client.
2. The artwork will be a full resolution image by which the display size is decided by the Artist unless otherwise specified by the client.
3. The final image will have the Artist’s contact and signature. It MUST remain visible if the image is placed on any Profile.
Required Client Information
1. The client must provide their email and name associated with their Paypal to receive the Commission invoice and deliver payment to the Artist.
2. The client must provide reference(s) of their Commissioned character and/or a detailed description for the Artist to follow prior to Start of Work.
3. The client must inform the Artist of any specifics when it comes to display size and due dates prior to Start of Work.
Disclaimers
1. The Client may not distribute, reproduce, or otherwise profit from the Commission.
1a. 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.
1b. 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.
2. The Client may display the Commission in Profiles as long as the Artist’s contact and signiture 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 1, Term 1a, or Term 1b.
3. 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, etc.); or as it applies to new Terms of Service agreed upon between the client and the Artist through a Commercial Purpose Commission Agreement before the Start of Work.
4. An additional cost may be added to the prices displayed on the Artist’s “Commission Sheet” if the requested Commission is complex. This will be discussed in the Commission Agreement prior to Start of Work.
5. The Commission Agreement will be kept in the Artist’s records for reference or if needed due to future issues or concerns. The Commission Agreement will be kept private between the Client and the Artist unless both parties agree otherwise.
These Terms and Conditions are subject to revision without notice. The Client must read and understand these terms before providing payment to the Artist.
Once the Client provides payment to the Artist, it is assumed the Client has agreed to all Terms and Conditions.