Terms of Service

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COMMISSIONED WORK


By purchasing my art services, you agree to the following conditions.
This form would require a signature to prove you agree to these terms. 
Please read this entirely and carefully.
If there are any questions or concerns, email me at paexiedust@gmail.com.

RULES FOR CONDUCT AND USE OF THE SERVICE

You need to be at least 18 to request and use this service.

If you are the commissioner, you agree to notify us immediately of any unauthorized use of your commissioned work. I will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your commissioned work.

INTELLECTUAL PROPERTY

You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the commission, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the commission may be trademarks of their respective owners.  It is clear that you are only requesting the service involved. We reserve all rights that are not expressly granted to you under these Terms of Service.


PAYMENT

❖ All payment transactions are through paypal.
❖ All payment should be made through invoice method.
❖ Partial payment is due in order to start your request. This is usually half of the full price.
❖ For amounts greater than $200 USD, payment plans are available.
❖ Once our negotiation is done and I start your commission, I cannot refund you the full amount. This is negotiable depending on the state of the commission.
❖ Once the work is completed I cannot refund it. You paid for the labor and time spent on the request.


ARTIST

By commissioning me, you’re purchasing my labor only. I retain all copyrights over my work, which include but are not limited to the right to distribute, reproduce or use the image as a sample for sales/self-promotion, unless otherwise agreed upon.

❖ I will respect your request to not publicly post your commission. No explanation necessary.
❖ I cannot claim the Intellectual Property or reuse/resell the image for personal and commercial projects unless agreed upon.
❖ I reserve the right to reject your commission proposal without question.
❖ I reserve the right to modify and resell any rejected sketches as "pre-posed" commissions.


COMMISSIONER

Once a piece is commissioned, you may use it for any personal use, including but not limited to icons, signatures, layouts, wallpapers, themes and personal site display.

❖ You retain the rights to the IP.
❖ You may not claim the work to be your own, edit or set it up for redistribution. You may not use it for any external projects, commercial or non-commercial unless agreed upon.
❖ You may resell the image in cases where you want to sell your IP to someone else along with it.
 You may not use it for reproduction such as prints, t-shirts, mugs, charms, unless agreed upon. 
❖ You may not use for crypto-related productions like Non Fungible Tokens aka NFTs. This is strictly prohibited. 
❖ If you are looking for something to redistribute, reproduce, use for your project(s), as an ad, for a video, to resell at conventions etc. Speak to me for information on royalty fees.


If you are not sure whether your request counts as personal, ask me about its intended use in your request.

PROCEDURE

Preface. You understand that paexiedust is not a fast creator. They will take steps that are time consuming and slow. Please do not commission them if you are looking for fast and timely work.

❖ After partial payment is received: I sketch out the work. Full payment is requested to follow up on the process depending on your commission type.
❖ I do not accept "description only" commissions. You must have at least one visual reference even if it doesn't accurately depict your character(s).
❖ Sketch commissions do not have an approval stage. You may request minor tweaks if I missed any distinguishing features present in your reference.
❖ For larger, full color commissions, one large edit is allowed during the sketch phase. I reserve the right to add a 25 USD fee over any edits after the first one.
❖ Please be clear and concise in your description of the change. You can use other works and photos you like as references for the changes!
❖ A full size, no watermark image will be given. It is necessary that you use a watermark/resized version of the image before sharing publicly as a standard for anti-theft.


YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

This document can and will be edited at any time without the need of further notice.
Last update: 12/07/2021

© 2014 - 2024 paexiedust
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Tarodrink's avatar
This was super helpful and I've used this as a basis for my T.O.S. if that's alright. <3