TERMS OF SERVICE


Below you will find a brief look over my Terms of Service. This serves only as a reflection of the actual TOS, which you will also find below. ONLY THE TOS ITSELF IS AGREED UPON AND REGARDED AS FACTUAL WHEN COMMISSIONING ME.
Seriously, just read the actual TOS before commissioning me.


QUICK OVERVIEW

▸PAYMENT:
Half upfront, half before recieving the final artwork.
All Payment is done via Paypal; I do not cover transfer fees.
▸CONTACT:
Well talk via discord, or another platform if you prefer.
▸Revisons:
I´ll allow one major revision, but excessive ones are gonna cost you.
▸Delivery:
You´ll get a ZIP file via email or Discord. You can ask for versions without background (etc.) You wont get the original files.
▸Cancellation:
At any time, but dependent on context more or less will be refunded. Refunds arent always applicable.


OFFICIAL TOS

[queue star wars intro music here]

This Terms of Service Agreement ("Agreement") is entered into between Pentarch ("Artist") and the paying Customer ("Client") for the production of a digital Illustration Image ("Artwork"). By commissioning the Artist, the Client agrees to the following terms:1. Engagement
a. Client is required to provide reference material and complete requirements & expectations upfront.
b. Client warrants that all reference material (etc.) provided is legally obtained & authorised for use.
c. Artist reserves the right to refuse commissions based on any reason they deem fit.
d. It is the Clients responsibility to be the point of contact. Client may always be contacted by Artist via platforms agreed upon during the commission process verbally or in message, or otherwise the platform the client has originally contacted Artist.
2. Content Restricitons
a. Artist will not create content that is hateful or inappropriate by their own definition.
b. Artist will not create content due to a number of factors listed including but not limited to the factors displayed on Artists Commission information page.
c. Artist will not purposefully copy the style of any other artist.
d. Artist will not edit the work of another artist without the approval of the artist in question. It is the Clients responsibility to put the artist of the source Image into contact with Artist, and to warrant the authenticity of this communication.
3. Rights and Usage
a. Artist retains copyright, ownership, redistribution and intellectual property rights, which include but are not limited to displaying or advertising the Artwork and/or work in progress images on websites, social media, portfolios, public broadcast channels aswell as the production of merchandise.
b. Client must not claim the Artwork as their own and must credit Artist using their preferred social tag/username/link at the instance of display of the Artwork or permanently on their websites, social media profiles, broadcast channels and so on.
c. Client must not edit or modify Work in any way without prior permission from Artist.
d. Clients receive exclusive, non-transferable usage rights to the Work for personal use.
e. Client may publish the Artwork with the requirement to credit Artist, by sufficient means.
f. Client may not resell the Artwork or Characters purchased from Artist without prior notification of Artist.
g. If the Artwork or parts of the Artwork are to be used in a commercial, monetized manner
(e.g distribution of Artwork by selling stickers/prints/clothing/etc featuring the artwork ; using the Artwork in Advertisements; using the Artwork within a Corporate identity (icons, mascots or other) ; or any other means) the Price of the Service/Artwork is subject to change based on the scope of the intended use.
h. Artist reserves the right to deny the commercial use of the Artwork by Client and/or any other party at their own discretion.
i. Client may request privacy in the form of not having the Artwork posted publicly if agreed upon before beginning the Artwork. Client publicly posting the Artwork voids this right.
4. Communication
a. Communication may occur on any discussed platform.
b. Both the Client and the Artist may always seek communication with the other Party with the prerequisite of being on subject and being non-disruptive.
c. Client may request “work in progress” images of the Artwork without infringing on 4.b. Work in progress images are also provided by the artist without prior request at milestones within the creation of the artwork (e.g. completion of the sketch, lineart, colouration, etc)
d. Artist response time may vary over several days.
5. Revisions & Alterations
a. One major revision allowed per item shown to the Client during the process.
b. After line art, only minor revisions are allowed.
c. Additional charges for excessive revisions may be required.
d. Revisions may affect progress and timeline.
6. Delivery
a. Delivery of the Artwork will only occur after the whole discussed sum has been paid.
b. Delivery of the Artwork may occur via email, Discord, or any other applicable platform once discussed with the Client.
c. Upon Clients request, multiple versions of the Artwork may be delivered (e.g.: versions with-;
transparent background, flat colours, etc).
d. Original .CLIP / .PSD Files or other, similar files will not be distributed to Client unless Client is subscribed to the appropriate Patreon tier on Artists Patreon Page ("Operative" tier) at the time of completion of the Artwork.
e. Artwork will be delivered as a PNG unless another filetype was requested by Client.
f. Artist is not required or bound to post the Artwork on any public Platform.
g. Artist is not required to retain and/or save any Information regarding the Artwork and/or the Artwork itself. Any File Client paid for will be available for a limited time only.
7. Payments & Fees
a. Client is required to pay using Paypal in either EUR or USD currencies.
b. Artist will not cover any resulting fees such as transfer- or conversion fees (etc.).
All resulting fees must be completely covered by Client.
c. Payment will take place by 50% when agreeing to terms and 50% before receiving the finished Artwork.
d. Client may pay 100% upfront if they desire.
e. Production of the Artwork will only begin once the former 50% have been received in full by Artist.
f. A design fee may be charged if: provided reference material is insufficient to display the agreed upon Motive in full Detail; Client wishes for Artist to take artistic liberty in parts of the Motive or the Motive in its entirety.
g. Displayed example prices are no guarantee for other Artworks being priced similarly. All prices may vary dependent on Artwork complexity.
h. The final price is decided only by Artist.
i. Artist may gauge the final price at their own discretion based of a variety of other factors.
8. Cancellation & Refunds
a. Commission may be cancelled by both Artist and Client at any time, for any Reason.
b. Unless only a by Artists definition overlookable amount of work has taken place, 50% of total payment will not be refunded and instead kept to pay for already completed work and as a cancellation fee.
If the Artwork is in later stages at the time of cancellation, such as shading, 25% or less dependent on progress will be refunded.
c. Client will be refunded the full price not including transfer / cancellation fees if the Artwork is cancelled by Artist.
d. 8.c does not take effect if the Artwork is cancelled due to the Client acting against Terms of the Agreement.
e. Client being uncontactable for 3-4 weeks results in cancellation of the Artwork and no refund.
f. Client will not receive refund when cancellation takes place due to aggressive, abusive behaviour or harassment.
g. Client will not receive refund once the Artwork has been completed.
h. Client issuing chargeback without contacting Artist results in cancellation and blacklisting of the Client. If Client refuses to return payment, a public announcement regarding the Client and a general warning to other artists regarding Client will take place on any platform Artist deems fit.
9. Generative AI
a. The Artwork & parts of the Artwork may not be used to train Generative AI.
b. The Artwork may not be modified or altered in any way using Generative AI.
c. The Artwork may not be used as Control Image / Conditioning Image / Style Reference / Image Prompt.

HOW TO CONTACT ME


I am best contactable via Discord. (pentarch)
Just send me a DM for any inquiry.
I recommend you join my Discord server too.