Terms of Service


Last modified: 26/04/2021


Terms of Service (Referred as “Terms” or “ToS”) set out the terms and condition by which the artist offers you this service, and these Terms are an agreement between you and me. The commissioner will be asked to fill a form accepting these Terms, and will collect their e-mail as a proof of signature. The e-mail will be kept private.

If there is any incongruence between the information quoted in this website/socials and these terms, the latter will take priority, and any decision will be based on this document


Table of Contents

  1. General
  2. Who can request a commission?
  3. What is the product and how long does it take to finish?
  4. Where can I look for the pricing of the commission?
  5. How do you handle payments and refunds?
  6. Can I use your art to promote myself?
  7. How are you responsible in case I have an issue?
  8. How can I contact you?

GENERAL

I have the right to decline any request and/or cancel a current commission for any reason.

During queue (Before payment), I may cancel your request and terminate all communication without prior notice, if the commissioner shows any sign of possible Terms infringement.

Any requests involving subjects of political nature, extremely explicit NSFW, offensive and hateful content, and illegal depiction of underaged minors, will automatically be declined. To avoid further issues, commissioners are invited to hold any form of communication with patience and in a civilized manner, and to be as clear as possible.


Please be sure that during the payment process your e-mail address is the same as the e-mail linked with your PayPal account.


1. ELIGIBILITY & AGREEMENT

To request a commission, you as the commissioner, or client, must either:

  1. be an adult;
  2. be an emancipated minor;
  3. have valid parent or legal guardian consent to be bound by these Terms.

If you’re not an adult or emancipated minor, or don’t understand this section, please talk to your parents or legal guardian and ask for help. If you are the parent or legal guardian of the minor requesting a commission, you and the minor accept and agree to be bound by these Terms. You are also responsible for the compliance with these Terms by the minor, and any payment made after.


2. PRODUCT & TIME OF COMPLETION

The product will be digital, and will be a .png file (+ additional files if needed) with an image size based on the client personal preference (If not specified it is not less than 4000x4000 pixel), compressed to a .rar file scanned on VirusTotal. A .psd file will be included for an additional fee (See Section 3 about Pricing).

The estimated time of completion (ETC) for your commission can be up to 3 months depending on many factor such as:

  1. Personal circumstances (Health, university, family issues);
  2. Work (Commission order and priority, personal works);

I will be notifying the client about the progress of the drawing and asking for opinions, and it is in the other party’s best interest to be communicative as much as possible.

Any request regarding the commission's time of completion, without priority fee, will be ignored. Frequently asking for the time of completion is discouraged and will also be ignored. It is possible to check an estimate of the next revision on the spreadsheet provided in the website.


3. PRICING

The prices of digital products are as quoted in my social from time to time, and discussed with the client.

Prices are subject to change at any time, but changes will not affect commissions in respect of which I’m already working on. Be aware that I have the right to modify them at any time, including during negotiations.

Additional fees may be applied on commission complexity and difficulty, and are different based on illustration subject (i.e.; Anthropomorphic, Mechanical, Non-humanoid etc.).

If you request your finished final commission to not be posted and be kept private there may be a privacy fee.

The client is allowed to a limited number of changes during the sketch phase, and three minor changes during the artwork's rendering (i.e. coloring and painting) and completion.

Any additional request, regarding the current commission, will be charged with an arbitrary fee in which, cumulatevely, do not surpass the 75% of the base price. Any additional request, outside the remaining changes permitted during revisions, and outside the commission in progress, will be placed on the last available slot on the queue.

PSD file is available for 15% of total price.

You can buy commercial use for you commission for the 250% of total price.


4. PAYMENT TERMS & REFUND POLICY

Payment will be processed through PayPal only. Full payment must be received prior to the start of the drawing, and it is not refundable after an invoice has been sent, unless under circumstances such as:

  1. Cancellation made by me, the artist. In this case a full refund will be given, regardless of the product’s progress;
  2. Cancellation asked by the commissioner, in which a partial refund will be given based on the progress of the drawing, plus an additional fee of 10% of total price for the request to cancel.

Partial refund shall not exceed 90% of the total price.


5. LIMITED LICENSE & COPYRIGHT

All the artworks made by me are intellectual property. I, as the artist, reserve the rights over the final artwork, not the commissioner. I am allowed to use the copyrighted artwork in cases such as:

  1. Self-promotion;
  2. Commercial publishing for designs and compositions created by me;
  3. Public and social displays;

The commissioners are allowed to:

  1. Use the copyrighted artwork for personal use (i.e. print it for yourself only, etc.);
  2. Claim the right of their character(s) but not the drawing itself;
  3. Use the art for self-promotion with proper credit given to the artist;

The following is considered Copyright infringement:

  1. Reproducing/using the copyrighted artwork commercially. (Meaning making money of it in ANY way)
  2. Taking Credit for the creation of the artwork.
  3. Removing any watermarks/signatures.
  4. Altering the artwork without my consent.

A Purchase of Commercial rights to the artwork will allow you to make any sort of merchandise with the artwork. (e.g.: Books, covers, as Props, change it to your liking and promote your own brand with).

(See Section 3 about Pricing).

Credit is still required for usage of the artwork, even if altered or edited.


6. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, SHOULD A LAWSUIT OR A DISPUTE ARISE I WILL NOT BE HELD RESPONSIBLE FOR ANY FINANCIAL HARM, LOSS OR DAMAGE SUFFERED BY YOU, THEREFORE MY LIABILITY TO YOU IS LIMITED. I, AS THE ARTIST BEING COMMISSIONED, WON’T HAVE RESPONSIBILITY FOR ANY ACTION CAUSED BY THE NEGLIGENCE OF THE PARENTS OR LEGAL GUARDIANS TOWARD THE CHILD MISBEHAVIOUR, INCLUDING:

  1. IRRESPONSIBLE PAYMENT WITHOUT PARENTAL CONSENT;
  2. UNTRUTHFUL STATEMENT ABOUT PARENTAL CONSENT;
  3. UNTRUTHFUL STATEMENT ABOUT ACTUAL AGE;

SEPARATELY, FOR THE ADULT, I’M NOT HELD RESPONSIBLE FOR:

  1. ANY OF THE BREACHES MADE BY YOU OR THE MINORS TO THE TERMS;
  2. RECONSIDERATION ABOUT THE PAYMENT (SEE SECTION 4 ABOUT PAYMENT TERMS & REFUND POLICY);
  3. ANY OF YOUR FINANCIAL LOSSES THAT WAS NOT FORESEEABLE AT THE TIME YOU ENTERED INTO THESE TERMS;
  4. ANY OF YOUR FINANCIAL LOSSES THAT WE BOTH KNEW MIGHT HAPPEN ONLY BECAUSE OF YOUR SPECIAL CIRCUMSTANCES EXISTING AT THE TIME YOU ENTERED INTO THESE TERMS;

THEREFORE, FILING A CHARGEBACK WITHOUT THE ARTIST PERMISSION AND CONSULTATION WILL BE CONSIDERED AS A BREACH:

  1. ALL YOUR RIGHTS TO EVERYTHING DONE FOR YOU WILL BE RETRACTED;
  2. YOUR ACTION CAN BE INTERPRETED AS INTENTIONAL FRIENDLY FRAUD;

I ALSO DO NOT GUARANTEE THAT MY SERVICE WILL MEET YOUR EXPECTATIONS.


BY AGREEING THESE TERMS, YOU ARE AWARE OF THE CASES MENTIONED ABOVE AND THAT I WILL BE NOT HELD RESPONSIBLE FOR ANY ACTIONS CAUSED BY YOU.


7. Contacts

leuqium☆gmail.com (☆ → @)