Posted September 5th, 2019
Terms of Service Agreement (TOS)
Reading this Terms of service is part of the commission process and failure to to read it and understand it is no fault of the artist. If there are questions about any of it, please feel free to message and ask for any clarifications.
1. CONTACTING THE ARTIST:
Send me an Furiffic note, Facebook message, or Discord if you wish to commission me for artwork. Not an email.
If you have any questions about your commission, please feel free to email me Mortain@gmail.com
I only accept PAYPAL through an invoice system only.
Always include your Facebook Name and your FA/DA/Furriffic when sending payment in the NOTE section.
Always send under GOODS AND SERVICES.
NEVER put in your mailing address UNLESS you want the original shipped to you. Mark it as “No Mailing Address” otherwise. Price for shipping will be calculated in invoice price.
3. COMMISSION STEPS:
1. Look at my commission status. If I'm OPEN, please read over my T.O.S. (which is what you are doing now.) After that, look over my PRICES. Make sure you have enough money in your budget before you contact me on what you want.
2. Send me a Facebook message to the Art of Mortain page (https://www.facebook.com/ArtofMortain) asking if I have room for your commission project or any other questions you need answered as well as attaching the EMAIL ADDRESS you currently use.
3. I have the right to accept or decline your commission.
4. If I accept, I will ask you to EMAIL ME your commission description. Please INCLUDE you FB name in the email so I know whom it's from. Please make sure you have the CORRECT reference sheets or illustrations of the character(s) you wish me to draw as well as any other references you wish to include. The more, the better. (But don't go crazy with them.)
5. I will reply with a price quote and add you to my commission list. Please make sure that my replies are not in your SPAM folder.
6. You will soon receive an email PAYPAL INVOICE with the total amount of what we agreed on. The bill will be in USD. Make sure you are on top of the invoice as it will have an expiration date. No exceptions or excuses if you missed the invoice or fail to pay for the commission. Check your email often!
> > When you pay, either half or full payment, you FULLY AGREE to my Terms Of Service, read or not. < < <
I work with PAYPAL INVOICE ONLY, which means that if you send me payment that is NOT though PayPal Invoice by me or send me an "estimate" of what you think the total amount will be, it will be DELETED and you will wait longer for your commission. Clients, I wish for you to RESPECT this rule!
8. After you sent payment for a commission job and you wish for a REFUND, before or during your commission has started, tell me. Rules and fees for refunds of both untouched and work in progress commissions is started in 4.Disclaimers, section 4g and 4h below.
I will send progress requests of any approved base sketch upon request. This will be a picture taken with a camera, and not very good lighting to prevent it from being used or displayed until the piece is finished. Any LARGE extra work, changes to the commission, or add-ons, you will be charged extra.
When your commission is finished, I will send you a High Resolution file. The illustration will then be posted on my web pages and art galleries online. (unless you want me to upload it at a certain time.)
During price negotiations, the price will go up if the character(s) you want me to draw are very complex (more time to draw them), if the
illustration will be on a larger canvas (11x14 or bigger), if you have multiple characters and/or if there is any adult situation in the illustration (violence, sex, nudity). All of this is explained on my price sheet on the bottom. The total amount we agreed on will not be changed unless you, the client, want to add more in the illustration or change the medium in which the illustration will be done in.
4b. The pencil and ink stages are TRADITIONAL, which means that once the ink touches the paper, its on there. All flat colors and effects are DIGITAL. Please make sure that EVERYTHING you wish to change during the SKETCH phase is noted and told to me before I ink and color the commission. I give you a fair warning when I reach those phases.. If there is something minor that needs to be changed after the inking stage, I will attempt to render the line works either by white out or digital.
I REFUSE to draw the following adult/kink theme topics or relating to: scat, watersports, gore, vore, cub porn, birthing/unbirthing, pokephilia, chibi porn. Basically, if I reject your adult-theme commission, its probably because you want me to draw something that I feel uncomfortable with.
I, the artist, make it my personal and professional goal to make sure that your commission is done, in full, within 30 – 60 DAYS from payment confirmation and work beyond 100% on the illustration with the information you gave to me. If I need more time to work on your commission due to complexity, size, or life events, I will contact you though email and/or FB message and remain in contact with you until the commission project is complete.
4e. I, the artist, have the right to post and publish the finished commission wherever I please. This means websites, convention books, magazines, published books, etc. If the commission has a copyrighted character (your OC or fursona), I will clearly mark the character(s) name and the name of the owners' real name/furry name in the dedicated page or post. I own the rights to the illustration, NOT your characters. (This is typical to almost ALL artists.)
4f. You, the client, do not have the right to SELL, RENDER, TRANSFORM, or REPRODUCE the finished commission/illustration without the ARTIST'S PERMISSION, in writing. You do have the right to post the illustration on websites as well as print the illustration for your own personal use and decoration. Do you plan to mass produce the image the artist created on shirts or toys or any products that you will be making
money off of? If so, construct a legal contract describing your intentions on the idea-to-be as well as pay the amount the artist wish to sell all the rights to the piece. If the artist approves and signs the contract, you have a deal. If not and you really want the artist to do it for you, be prepared to make changes. Artists have legal rights to that protect what they make, paid or not. Its called COPYRIGHT INFRINGEMENT. To understand more about it, go here: http://en.wikipedia.org/wiki/Copyright
If you, the client, wishes to cancel your commission and want a REFUND before the project is started, I will send you a refund through PayPal MINUS a 20% RESERVE SLOT FEE. This fee is included in the full price of a commission of $100.00 or more (including add-ons). This 20% covers time talking to the client, reading job details, discussing prices, sending payment, doing thumbnails for the commission and refunding
procedures. This fee is non-negotiable.
4h. If you, the client, wishes to cancel your commission and want a REFUND, I will send you the total amount MINUS the percent amount for the work I put into your commission (if any) stated below (The Reserve Slot Fee does not apply to this refund):
SKETCH PHASE* (WIP stages): 25% of the total payment
INK PHASE* (approved WIP stages and goes into inking): 50% of the total payment
COLOR PHASE* ( if coloring hasn't started/finished yet ): 75% of the total payment.
*Artist's discretion depending on the amount of work completed and complexity of the character.
4i. If you have MULTIPLE CORRECTIONS that you wish me to change, I will start charging you after the 2ND CHANGE REVISION. To avoid this, be as clear as possible in what you want, including reference links and images. If I don't know what you are talking about, I will tell you. If I make your change but yet you changed your mind or want to add more on top of that, that counts as more work. If you give me an UNFINISHED CHARACTER SHEET OR THE WRONG CHARACTER ILLUSTRATION for the commission and wish me to change it for another character or color correct it near the end of the commission process, you will be charged a percentage depending on how big the change is. This means, that if you have a character ref illustration that is unfinished or has incorrect markings or incorrect color palette, and you tell me to add more to the character AFTER THE INK PROCESS or add more details and add-ons that were not stated from the original description of the commission, you will be charged. ALWAYS HAVE A FINISHED AND COMPLETE CHARACTER REFERENCE SHEET AND IDEA OF WHAT YOU WISH FOR ME TO CREATE.
4j. HARASSMENT will not be tolerated, period. This includes: spamming me with pointless or hurtful emails, notes or messages, demanding me to lower my price, arguing with me to draw something I don't feel comfortable with, A/S/L questions, Roleplaying requests, copyright infringement, threats in any way, shape or form. If any of this happens, I will talk to you in a calm and professional matter to try to find an even ground for both of us. If that fails and you are unable to calm down or if you escalate the situation, I have the right to refund your commission in the amount subtracted in ( 4. Disclaimer section 4g and 4h ) or all if the commission wasn't started, take you off my commission list, and block you from contacting me and participation in any commission slot auctions. If the harassment continues, you will be reported.
5. YOUR CHARACTER HERE ( YCH ) AUCTIONS:
5a. BID only if you plan to pay! All bids that you put down are FINAL, that means no refunds if your bid wins. Failure to pay for the slot
you bid on results in a ban from all other YCH auctions and/or a ban from my FA/DA/Facebook/Mewe/Furiffic sites.
5b. You are allowed to bid on as many slots as you wish as long as you intend to fully pay off the slots.
5c. Winning bids must be paid BEFORE OR ON TIME as stated on the YCH auction and PayPal Invoice.
5d. Any arguing with other bidders/artist or drama posted on the YCH will result in a block from the YCH auction if not banning from other YCH and FA page. Drama will not be tolerated.
5e. Hidden bids will be ignored and deleted.
5f. If you didn't win the bid, please keep an eye out for any notes I send your way. If the person who out bidded you
fails to pay, you will be the winner of the slot. If that happens, I will contact you. If I don't hear from you within 24 hours, you will lose the slot to the one you out bidded.
Any questions, please ask. Thank you very much and I look forward to working with you.
(T.O.S. taken in large part from – Ookami Kemono https://www.furaffinity.net/user/o-kemono)