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TERMS OF SERVICE - Digital Commission Agreement

Before ordering commissioned work from me, you must read, understand, and agree to my terms of service, which can be found below.

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Information on the Rights of the work.

I retain the rights to all commissioned work, and can use the work and included character(s) for any capacity I see fit (including, but not limited to, using the work as an example, using the work for timelapse videos, using the work for prints for sale, on merchandise,  etc.)  The Client has permission to use the artwork in any non-commercial capacity (including but not limited to: as a postscript for writing websites, a banner for a website, their own personal mascot, etc.).  Credit must be given to me, Amphispiza or Amphi, somewhere in the vicinity of the image.  

 

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Pricing and Payment Terms

I accept payment in the form of PayPal only.  Payment plans on projects over $100 can be negotiated, and will be stated in the invoice sent to the Client.  

 

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Work Schedule and Art Process

I travel for work, so please keep in mind that there may be times when I am physically unable to work on a project.  These times can range anywhere from a couple days to several months; larger projects (such as maps) may take up to a year.  If you need a project completed by a certain date, let me know!  If I forsee not being able to complete it by a certain date that the Client has requested, I will not take on the project.  Similarly, I will do my absolute best to finish in a timely manner but I cannot guarantee it will be finished by the time the Client wants, since my work schedule is very malleable.   

 

As I work, I will ask if the Client wishes to see a "Work in Progress" (WIP).  The Client can request several WIPs, or abstain from them entirely. The Client is also free to ask if the streaming of their project would be available (via Twitch.com) for an extra fee.  

 

Communication between the Client and myself is very much encouraged!  If any questions arise, I encourage the Client to contact me via DeviantArt notes, email, or Discord (if we agree upon that as a form of conversation).  


 

Shipping

I do not ship a physical item or product unless specifically stated.  This is digital artwork.  You will receive the digital artwork through Notes on DeviantArt, through email, or through Discord chat in a .png file. 

 

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Revisions

The Client may request major revisions before the artwork is completed if a ‘Work in Progress’ has been sent to them.  If the Client wishes to make major revisions once the artwork is finished, there will be an additional fee.  Minor revisions will be free at any stage. 

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What entails a ‘minor’ and ‘major’ revision will be determined by me. 

 

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Claims Period/Revision Period

Any revisions/edits that the Client wishes for the piece of artwork must be request before the artwork is finished, or within one week of delivery.  Edits cannot be made beyond one week after delivery. 

 

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Retention of Images and Files

If I retain the image, I only hold the finished watermarked copy on my DeviantArt account (though this is not guaranteed) (see link below).  I will hold the un-watermarked, full-resolution artwork for one month after it is completed.  It is the Client’s responsibility to save their own copy; after a month, I will not be able to send the file to the Client if the Client loses it.

(https://www.deviantart.com/amphispiza

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Final Project

The Client is free to edit the final artwork.  I retain no responsibility or liability for what the Client or third parties do to the artwork once the artwork is completed. (Example: if Client edits the artwork, dislikes their edits, it is not my responsibility to fix or revert the artwork.)

 

The Client  may resell the finished artwork for the same price that they paid, or lower than the price they paid. The Client may not resell the artwork for more than what they paid.  


 

Client Cancellation

Clients are free to cancel before the work is finished. Cancellation requests must be requested directly to me via the agreed-upon method of contact. (Please note that it may take me time to reply to your request).  Chargebacks via PayPal or credit card vendor from the date of cancellation request to a month later are not permissible.  

 

If the artwork is finished, the order cannot be cancelled.

If the artwork is half-way or more finished, a 50% refund will be awarded.

If the artwork is less than half finished, a 75% refund will be awarded.

If the artwork has not been started yet, a 100% refund will be awarded. 

 

In any cancellation circumstance, if a cancellation is requested, the Client’s rights to usage of the artwork are revoked, and they are not allowed to use any “Work in Progress” screenshots or any variations of the in progress work or finished artwork.  

 

Artist Cancellation

I reserve the right to cancel a project at any time for any reason.  If I initiate the cancellation, the Client will be refunded in full.  



 

Final Agreement

All articles of this Terms of Service Agreement are applicable unless specifically outlined within the final written agreement between Client and Artist.


 

Acceptance of Agreement

By contacting me for work and paying the invoice you are hereby agreeing to the terms expressed above.



 

Updated: December 11th, 2022

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