Sky's Terms of Service

Last Updated Feb. 25, 2024

General Terms

I. By commissioning me, you have read and fully agree to my terms of service.

II. I reserve the right to refuse service to an individual or decline or discontinue a commission at any time.

III. Commission prices are subject to change at any time based on demand.

IV Please have a reference picture ready for your commission. I cannot work with a written description.

V. If there is no response or payment 3 days after being contacted by me, your slot will be forfeited.

VI. Disrespectful behavior will not be tolerated and your commission will be cancelled if it occurs.

VII. The terms outlined here may vary slightly depending on the type of commission.

VIII. Any work done or made available to the client must not be used for AI (Artificial Intelligence, Machine Learning, AI/ML Training, NFT, blockchain or any for profit platforms or purposes. Such usage is completely prohibited and may result in legal action taken.

Payment

I. All payments must be paid through PayPal.

II. Payment will be split 50% upfront 50% after sketch approval, 50% after the commission is finished.
_{Paypal invoices will have a set price for the commission total that can be paid either in installments of 50% upfront upon completion of a satisfactory sketch and 50% to continue onto the finished product (preferred method), or can be paid in full up front. Full payment is required to continue the commission after the sketch.}

III. Don't send me any payment before I have agreed to give you a slot and send the invoice.

IV. It is your responsibility to know the base price of the commission type you are requesting, and proceed accordingly.
_{I will discuss total price with you before work starts on the sketch. Additional prices may be added after the sketch, but will be made clear and the new total reiterated with client confirmation.}

V. A valid email address must be provided in order for me to send an invoice.

VI. Major edits past the sketch revision (Recoloring, Background Changes, Facial Changes/Expressions, Poses, Extra Characters, etc.) will be a varying fee depending on complexity.

VII. Tips are appreciated but not required!

Client Obligations

I. Please be clear and concise with your writing when filling out the commission form.

II. Please provide multiple clear reference images of the character/subject.
_{Reference images not of the character/subject are acceptable, such as moodboards, pose references, etc.}

III. Do your best to respond in a timely manner. I will do the same.

IV. You are responsible for providing any important information and clear references & descriptions for your commission(s).
_{Failure to provide the above may result in my inability to complete your commission to your satisfaction.}

Process & Delivery

I. The time it takes to finish your commission will vary between 1 week - 3 months depending on factors such as health, the complexity of the commissioned piece, other work, and offline business.
_{I will always do my best to complete your commission in a timely manner, but please understand that sometimes life may get in the way and cause delays. I will notify you as soon as possible of any issues that may come up, and will do my best to keep you updated in such a case.}

II. Once the piece is finished you will receive the full-resolution image along with a web-friendly size. Note that there is no physical product.

III. Progress updates may be provided but are not a given part of the process.

IV. A valid email address must be provided in order for me to send the commission.
_{If applicable, Discord may be used as an alternative method of receiving the full-resolution image. This will require a valid Discord account to be provided.}

V. Any and all sketches, progress updates, etc. will have watermarks over the image.
_{The final result sent will come without an obscuring watermark. My signature will be in the image in a discreet location.}

VI. Different image resolutions may be available upon request.

Revisions

I. One major revision and multiple minor revisions are allowed in the sketch phase and are covered in the commission price.
_{A limited amount of minor revisions are allowed in coloring/painting stage and are covered in the commission price.}

II. A fee will be incurred if you want something major changed after the sketch phase or on the final drawing - unless a misunderstanding from my side has been made. Revisions due to my own negligence are free.
_{A base revision fee for a major change after the first free one is $5. Price may vary depending on number of extra revisions and complexity of the suggested changes.}

III. It is up to my discretion as to what constitutes minor and major revisions.

IV. If you want me to change something in the drawing you have previously approved, I will charge you a fee to change it. The amount of the extra charge depends on the change you want me to make.

V. I reserve the right to refuse a major revision or excessive minor revisions outside of the initial revision stage unless it is a misunderstanding on my part.

Copyright & Usage

I, the artist,
• I reserve the right to cancel and refund the order at any time for any reason.

• I retain all copyrights over the commissioned artwork.

• I will NOT claim the intellectual property (IP) of the commissioned artwork (your characters are still yours, etc.)

• I will NOT profit further from the commissioned artwork unless you (the customer) break any of the terms.

• I reserve the right to post the commissioned artwork online, in a portfolio of mine, and in publications such as art books.

• Any characters portrayed in the commissioned work remain copyrighted to their rightful owners.

You, the customer,
• You may upload the commissioned artwork on any website and social channels.
_{You must credit me and link back to me/tag me when sharing or using the commissioned work.}

• You may claim rights to the character, but not the drawing itself.

• You may request that your commission not be displayed on other platforms by the artist (me).
_{You must request this either before or when you receive the artwork for this rule to come into effect.}

• You may post the artwork on social media, with credit clearly visible.

• You may print the work for personal use.

• You may crop and/or resize the image for use as an avatar, header, video thumbnail, etc. with credit.

• You may NOT make profits from the commissioned piece (reselling, redistributing, uploading to POD-services, making prints for selling, etc.)

• You may NOT use the commissioned artwork for commercial purposes.

• You may NOT alter the commissioned artwork without my (the artist's) consent.
_{This includes removing or obscuring my watermark and signature.}

The following is copyright infringement:
• Reproducing/using the copyrighted artwork commercially - means making money off it in any way not excluded from these terms.

• Claiming the artwork as your own.

• Altering the artwork without my consent.

Cancellations & Refunds

I. The buyer is not allowed a full refund once I start working on the commission.

II. If for any reason I am unable to start your commission you will receive a full refund.

III. If you cancel your order before I start it, you can get a full refund.

IV. The kill fee for canceling the commission after work has begun is 50% of the commission's price. The client then receives the work as is.
_{If the buyer wishes to cancel the commission after the work has started, the buyer can be issued a refund but agrees to pay the kill fee.}

V. Once the final product is approved, a refund is not permitted.

VI. If you are getting a refund, do not request a Paypal chargeback. I will transfer the money back to you myself.

VII. If you request a Paypal chargeback at any point when you were not allowed to ask for a refund you will lose all beforementioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the chargeback and supply Paypal with our conversations in which we talk about the commission as evidence that I have completed work for you. Furthermore, you will be blacklisted for commissioning me again.

VIII. You may not file a refund against me after you have given approval of the final artwork.