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terms of service agreement

definitions:

commisson: the result of the artist's labour (the service) by the client's request

the artist: the individual (matt burg aka bebypup) who uses their labour to create an image by the client's request

the client: the individual (you) who makes the request and purchase

important and binding parts of this page will be highlighted for the client. most of the information below is to satisfy the curiosity of the client

by commissioning the artist, the client hereby agrees to the following terms:

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  1. commission types:

    1. digitals:

      1. these commissions are created by the artist digitally.

      2. drawn digitals are always done with the autodesk sketchbook app while digital collages are done with the piccollage app.​

      3. the artist is not responsible for printing and shipping the commission to the client. the client will always receive their commission via email.​​

    2. traditionals:

      1. these commissions are created by the artist in a traditional format.​

      2. the medium of a traditional commission will depend on the client's choice. for example:

        1. ​sketched traditionals will either be in graphite or pen

        2. flat and cel coloured traditionals will have ink pen or felt tip outlines and alcohol marker/prismacolor/other brands of marker colouring

        3. painted traditionals will consist mostly of watercolour or acrylic with multimedia elements

        4. realistic traditionals will usually consist of one medium​

        5. traditional collages will usually consist of multiple mediums

      3. the artist is not resposible for shipping the commission to the client unless the client knows the artist personally and wishes to have the physical commission shipped or dropped off to them. the client will always recieve their commission via email nonetheless.

        1. i know this sucks for online buyers but to be fair this is my first time ever doing commissions so i'd rather test the waters before offering printing and/or public shipping services... one day, though!​

  2. contact:

    1. business will be conducted over email (eugenematthew03@gmail.com) unless the client knows the artist personally, where business can simply be done over text or whichever platform is prefered.

      1. ​the artist would prefer to keep the order all on one email but if the client would rather have individual emails for the request + info, progression, ending + editing, and final stages of the order then the client should let the artist know.

        1. it's no issue!! i get the need to have a new email sent rather than replying to an old one.​

  3. payment:

    1. all payments are due in full up front.

    2. if the artist personally knows the client, then the client will have the choice to pay in cash or pay via stripe (which is linked at the bottom of the page) or bank/wire transfer.

    3. the artist will not accept any other electronic payment processors as most processors do not support artist rights, allow nsfw, or have as reliable customer service. 

  4. declination of requests:

    1. the artist reserves the right as the labourer to refuse any request for personal or moral reasons: with or without explanation.​

    2. any requests from requesters who seem to be or are blatantly affiliated with morally questionable and/or problematic organisations or cliques will be ignored by the artist and further actions will be taken to block the requester.

      1. this term will always apply to those who flaunt or mingle with phrases, people, symbols, organisations, etc. associated with racists, colourists, lgbtphobes, terfs, lgbt fetishists, pedos (especially freakass lolicons and shotacons), zoos, proshippers, and the likes.​

    3. the artist may feel inclined to report the requester to an undisclosed artist's beware forum without regards to online privacy. this may also apply to the artist's inner circle of fellow artists.

      1. basically, don't be a bigot dickhead trying to buy art off of me!​​​

  5. guidelines:

    1. list of things the artist will draw:​

      1. both anthropomorphic and feral​

      2. you, the client!

      3. people you know personally (their consent is prefered but surprises are understandable)

      4. pets !!!

      5. original characters, sonas, etc.

      6. someone you know's characters (consent is prefered but surprises are, once again, understandable)

      7. fanarts (to an extent)

      8. mecha and bots, i'm new to it but i will try my darndest

      9. humanisations of characters

      10. casual/artistic nudity of 18+ characters or people who have given me written consent

    2. list of things the artist will not draw:​​​

      1. drug abuse or hard drug usage

      2. genderbends or "racebends"

      3. shipart of real people or shipart of characters who depict or are representative of real people

      4. culturally/racially insensitive or caricatured characters​

  6. first come, first served:

    1. the artist may work on multiple commissions or projects at once. nonetheless, requests generally get done on a first come, first served basis.

    2. this applies more heavily to digital commissions, whereas the process of working on traditional commissions has more variables.

  7. deadlines:

    1. if a deadline is requested by the client for whatever reason, it will likely be met in a timely fashion as a majority of clients will not use this request.

    2. the first come, first serve basis still applies in its own ways.

  8. process:

    1. there will be four stages to the order:

      1. request + info

        1. the client makes the request via email and exchanges the outline of their offer​

        2. information is laid out and details are confirmed between the artist and the client

        3. once set in stone, the artist will give a timeframe of completion if a deadline is not given

        4. the payment will be requested by the artist to the client via paypal/venmo or the artist will pick up the money from the client.

      2. progression

        1. if specifics in scenery and poses are not given, the artist will check in with their rough sketches to ensure that the client is satisfied before continuing to the ending + editing stage.​

        2. if specifics are given, the client will be updated frequently with sketchwork, lining, and colour choices to ensure that they are satisfied before coming to the ending + editing stage.

      3. ending + editing

        1. the artist will provide the client with a "rough draft" of the commission. this will be an almost entirely finished piece and any changes can be made to ensure that the client is satisfied.​

      4. final

        1. the image file (png) will be sent to the client, either on the same email that the request and updates took place or sent in a new email upon the client's request.​

        2. if the final image is not up to par, the client should let the artist know and they can move back to the ending + editing stage.

    2. the client can, of course, opt out of getting progression and editing updates if they so wish.​

    3. the timeframe of non-deadline commissions depends entirely on the type and style of commission. sketched commissions may take a couple hours to a day, coloured commissions may take a few hours to a few days, painted commissions may take a few days to a week or more depending on the request.

  9. copyright:

    1. by commissioning the artist, the client is merely purchasing the artist's labour. the artist retains the right to reproduce, sell, distribute, revise, display, perform, broadcast or record a work under ohio copyright law.

      1. this includes any preliminary or sketch work of the commission.

    2. any reproduction or other use of a work either must be done with the permission of the artist or must be permitted by an exception contained in the copyright act.

  10. uses:

    1. the client should make sure to have carefully read the above section (section 9).

    2. the commission (including the progress and editing stage images) are for personal use only.​

      1. the client may make their own prints, stickers, buttons, etc. of the commission to use in their home, place of work, car, etc.​

      2. the client may also use the commission as a profile picture, header, or post it as long as credit to the artist is given.

      3. the client is not permitted to use the commission commercially and should not deliberately profit off of the art in any way, shape, or form.

    3. the commission should nver be altered in any way, shape, or form.

  11. access:

    1. the artist will be sure to confirm with the client that the comissioned piece may be used online and elsewhere (for this website, to post on social media, use in a portfolio, etc.) either before, during, or after the transaction and always before the artist uses the commission.

    2. if at any point the client wishes to redact their agreement to the artist's access of the commission, the client should email the artist to discuss the matter.

    3. copyright still applies: this section is moreover to ensure confidentiality with the client.

  12. refund & cancellations:

    1. if the artist is not able to finish the commission with a justifiable reason, then the full amount will be refunded to the client.​

    2. if the client wishes to cancel within the early parts of the progression stage, then the client will be refunded 50% of what was paid to the artist.

    3. if the client wishes to cancel within the later parts of the progression stage or the ending + editing stage, the artist will offer no refund.​​

  13. this page

    1. ​this terms of service page can and will be edited by the artist at any time without the need of any notice.

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