Terms of Service

Hello!

Thank you for commissioning me! Before we begin, there are some Terms and Conditions you must agree to. If you do not agree, I cannot proceed with commissions.

Please keep in mind that NSFW will add an additional cost ( +£30 or more depending on complexity).

Here is a list of Things I Will and Won’t Do!

TERMS OF SERVICE AGREEMENT

This agreement is between I, the Artist, and you, the Client, for work services preformed on a project known as the Work.

1. WHAT IS RECEIVED?

  • Drafts/mockups that the Client must approve before the Artist continues on the Work (depending on the complexity of the commission there might be fewer or more drafts).

  • Sketch and/or final sketches that the Client must accept before the Artist continues on the Work.

  • Insight and involvement in colour plan (depending on the complexity of the commissioned piece).

  • Full-resolution file (canvas size depends on Work, typically at 300 DPI) of final drawing and a smaller version for internet upload. Final file formats are usually PNG. Web file will be JPEG. Files can be sent as individual images, or uploaded to a Dropbox/WeTransfer link.

2. PAYMENT PROCESS

Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work. Clients must not send money before these requests for payment from the Artist. All payments are via PayPal.

All payments are to be made in GBP (£). Please calculate currency exchange rates and fees before paying to ensure the correct amount is paid.

The Artist will take either 100% upfront OR 50% the payment up front and the other 50% when the sketch has been approved. Anything £30 or less should be paid upfront.

Invoices must be paid within 72 hours or the project may be cancelled. 

Payment plans can be arranged for larger commissions; ask the Artist for details if necessary.  

3. REFUND/CANCELLATION

  • The Client is not allowed a refund once the Artist has started on the Work, unless agreed with the artist, in which case there may be a partial refund.

  • If for any reason the Artist is unable to start the work, the Client will receive a full refund.

  • If the Client cancels the order before the Artist has started on it, the Client can get a full refund. No refunds will be issued once artwork has been completed.

  • If the Client is receiving a refund, do not request a Paypal chargeback. The Artist will transfer the refund to the Client.

  • If the Client requests a Paypal chargeback at any point when the Client was not allowed to ask for a chargeback, the Client will lose all mentioned rights to the commissioned Work and the Artist will have the full rights to profit further from it in any way. The Artist will decline the chargeback and supply Paypal with any conversations in which the Artist and Client talk about the commission as evidence. Furthermore, the Client will be blacklisted by the Artist.

4. COMMISSION PROCEDURE

Once the Artist receives the full or the first half of the payment, the Client will be added to the Artist’s Commission List. The Client can use the list to check their position in the queue.

  • The Artist will notify the Client when starting on the Work and when the Client, therefore, lose the rights to a refund.

  • The Artist will give the Client occasional updates with a watermark at a lower resolution. The Client is also allowed to ask for updates.

  • The Artist’s turnaround time for most projects is typically no longer than 2 weeks depending on work load. The Artist can give a rough estimate when accepting a commission.

  • The Artist will inform the Client of any delays.

  • All products will be digital EXCEPT for Riso Prints.

The Client can send art references to the Artist’s email at fiona.gamez@gmail.com. The Client may also communicate through Discord, Reddit, Ko-Fi, Tumblr, or Instagram. The Client can include any other information that is deem necessary for the commission, such as backstories and other fun details about the Client’s characters.

If the Client does not have any references of the character, the Artist may have to charge more.

5. REVISIONS

The Client can asked the Artist to modify the work at any time before the Artist start working on the piece. The Client can upgrade or include additional add-ons simply by paying the difference. The Client can even change the character information entirely. Just remember that the Artist cannot provide refunds for downgrades after beginning on the Work. 

Once the Artist has started on the Work, some changes become much more difficult to make. A fee will be added if the Client wants something changed on the final drawing – unless a misunderstanding from the Artist’s side has been made.

As long as the Artist is in the sketch phase, most changes can be accommodated. The Client can have 3 major revisions in the sketch phase. Extra revisions will cost an additional fee.

6. COPYRIGHT / USAGE POLICY

I, Fiona Gamez (the Artist), claim the rights to the produced drawing, not the buyer. Therefore the Artist is allowed to use the copyrighted artwork to:

  • Promote their self with it everywhere.

  • Publish books with it (artbooks, etc.).

  • Display it everywhere to the Artists liking (website, social media, etc.).

  • Post it wherever the Artist want (unless otherwise agreed upon with the Client, i.e. delaying a post as to not reveal a debut design).

The Client is allowed to:

  • Use the commissioned piece for personal use unless agreed otherwise (Client can upload it social media profiles, forums, etc.).

  • Print the artwork, BUT NOT SELL IT, and claim the character(s) as the Client’s own, but not the artwork itself.

  • Use the artwork to promote themselves. Client is not forced to give the Artist credit when posted, but it is very much appreciated.

  • Use the artwork on their Youtube channel and in monetised videos as long as the artwork itself is not the main subject for the earnings.

The following is considered copyright infringement:

  • Reproducing/using the copyrighted artwork commercially – means making money off it in any way.

  • Claiming the artwork as the Client’s own

  • Removing the Artist’s signature from the artwork

  • Altering the artwork without the Artist’s consent

  • The Artist reserves the full rights to the image and it’s use/distribution unless otherwise agreed upon (rights to the image for Client’s own non-personal use may be purchased at any time).

7. LEGAL INFORMATION: READ CAREFULLY

All rights to the art I create, including commissions, belong exclusively to the Artist, Fiona Gamez.

The Client may neither sell nor exchange the Artist’s art in any form, physical or digital, print or NFT, under any circumstances unless the Client has the Artist’s express written permission AND the Client has paid for the rights to do so. The Client may not use the Artist’s art in any published material, even free material, on any online or physical marketplace. 

Clients are not permitted under any circumstances to use any part of commissioned work from Fiona Gamez such as images, goods, and copies of goods in any block-chain related technology including non fungible tokens (NFT), cryptocurrency, or future inventions in the space. Using any commissioned work is also strictly prohibited from use in any advertising or profits associated with block-chain related technology including non fungible tokens (NFT), cryptocurrency, or future inventions in the space.

Any aspect of work by Fiona Gamez may not be used to train, validate, or test any neural network or artificial intelligence. Doing so is in violation of terms against alteration and external non private use of assets created for patrons.

In addition, any art the Artist creates is owned by Fiona Gamez. All art created is for personal use only. No commercial use of the Artist’s Work is allowed UNLESS commercial rights have been purchased. The commercial license can be purchased at any point.

8. USER AGREEMENT

  • By commissioning the Artist, the Client agrees that all terms have been read and accepted all the terms described herein.
  • Client will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to the Artist.
  • Violators will be added to a blacklist indefinitely and without warning with any additional appropriate actions taken.
  • Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
  • Client warrants that the character design and reference material provided to the Artist are legally obtained and authorised for use by the Client.
  • Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.

Thank You!

Love,
Fi Fi <3