Craftyoni

Terms of Service

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DISCLAIMER• The terms expressed in these Terms of Service are between Craftyoni (hereby known as the "Artist") and the Commissioner/Client.• Before ordering, please read the Terms of Service. These terms apply to private and commercial commissions. All drawings may or will include a subtle sign that may not be removed by the Commissioner. Breach of these Terms of Service during or after completion of work may result in termination of commission.• NFT and AI usage is strictly forbidden.
• If you have any questions, please contact me.

USER AGREEMENT
By commissioning me, you agree that you have read and accepted all the terms described herein.
You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me.

CLIENT
• Client may display my work on external sites as long as it is visibly credited and linked back to me.
• You may not upload or host my work in any gallery that is intended to display your own work only.
• You may not claim my work as your own.
• Client may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.
• Commissioner reserves the right to print or create physical reproductions of commissioned works for non-profit use only. Commissioner may not distribute, hire, or commission third-parties to recreate or distribute commissioned work for profit purposes.
• Personal use items may be converted to commercial use (i.e. t-shirts, mugs, public flyers, etc.) during or after completion of commission. Commercial royalties and fees will apply and must be agreed upon in writing.
• In the case of an adoptable, you retain the rights to the character design.
• You are not authorized to change, modify, edit or use my works without my permission.
• You are not authorized to trace over my Artwork in any way, including the use of the artwork as a “base.” unless given explicit permission and discussed.
• Clients are not permitted to remove signatures, watermarks, or other identifying markers indicating the Artwork. Credit in some form is required.

ARTIST
• By purchasing these services, the Commissioner agrees herein that the Artist serves as a private contractor.
• Unless otherwise agreed upon prior to payment, finished commissions are subject to, at the artist's discretion, the inclusion of public and private portfolios for demonstration and marketing purposes.
• Artist reserves the right to decline any project or client for any reason.

COMMERCIAL USAGE
Commercial rates are agreed upon prior to payment and percentages and royalties will be discussed.Commercial usage does include reposting on youtube, twitch, and twitter with credit.

AGREEMENT
• If you, the Client, wish to order a commission for Commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.
• The minimum price increase 100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit.
• The following cases are considered commercial use: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted my artwork, (eg. Patreon, a personal site, business cards etc).

COPYRIGHT
• I reserve the right to sign and/or watermark my own work. I will send you a full resolution image (by email, google docs, or preferred method of image delivery). My signature will remain on both the full resolution and smaller versions of the Artwork.
• In the case of a commission, I will not claim the rights to a character design unless it was one of my own designs. I will not reuse/resell the Artwork for personal or commercial projects unless agreed upon.
• In the case of an adoptable design, I will not reuse/resell the rights to the design once ownership is transferred to the Client.

NDA - PRIVACY REQUEST
• Requests for commission privacy must be done prior to payment. Privacy and NDA fees will be determined and applied at artist's discretion.
• The privacy request / NDA entails that I am not allowed to share any WIPs on social media, nor am I allowed to stream the process of the commission anywhere.
• The NDA fee typically differs depending on projected time and complexity.

ORDERING
• Commissions can be requested via Twitter direct message and an initial order form will be sent for customer to fill out to confirm the commission slot. Any questions or clarifications can be discussed via message.
• To ensure a smooth workflow, and the order is made to the highest possible quality, the Commissioner should concisely express all necessary information for their order in the supplied order form.
• The Artist retains the right to add additional fees based on complexity of characters, backgrounds, or assets included with the order. Commissioner may request for simplifications or substitutions prior to payment.
• Any emails, private messages, and comments that you send must come in English to ensure clear communication.
• Client will receive an invoice and will need to confirm payment with artist before the order can be started.

PAYMENT
• Client is responsible for proper delivery of payment and any associated fees.
• Artist will only accept in USD via Paypal or Ko-fi as payment. You are responsible for making currency conversions.
• Unless otherwise specified, full, upfront payment for service is required before commission can be started.
• After 100% of the agreed upon payment is sent, artist will begin the sketching process. When completed, the sketch will be sent to client for review.
• If after a pre-determined amount of time payment is not yet received, artist reserves the right to cancel the commission and rescind payment.• For auctions, you are NOT allowed to retract your bid.
Only bid if you are sure you can pay your bidding.
Failure to pay for your auction item within 24h will result in forfeiture of the auction item, and the item will return to auction at a later time.

PAYPAL DISCLAIMER
• Nothing is ever intended by either me or the Client, to be physically shipped to them.
• I am not required ever to ship any item unless it was explicitly discussed and included in the invoice.

REFUNDS
• I can refund 100% of the payment only if I have not started working on the sketch.
• Once I start the sketch there will be no refunds.
• I can only refund around 80% if there are errors in PayPal fees, taxes and/or transfer fees.
• If I cancel a project, I will reimburse the lost fees and refund 100%.
• If we agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your said deposit if you back out of the Payment Plan.

CHARGEBACKS
• Request a refund before proceeding with a chargeback with a period of 48 hours to recieve a response.
-If after 48 hours have passed the agreed upon deadline and any applied extension, and Artist has not issued a refund in good faith, the commissioner may issue a chargeback via PayPal.Additionally, if after 120 days finalized and accepted deliverables have not been received by the Commissioner, the Commissioner may issue a chargeback via PayPal
• If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.
• You are required to contact me when you need to cancel a commission request.

QUEUE|SCHEDULING|WORKSPEED|DEADLINES
• I usually take up to 3-5 days to respond to your initial order inquiry.
• You reserve the right to set a deadline for your commission. Deadlines are to be discussed before invoice.
• I have the right to decline a project if there is too short of a time allowance.
• If you did not alert me to a deadline, ((((Soft Deadlines
If no deadline is set by the Commissioner, Artist has the right to set a timeframe that must be agreed upon between the Artist and Commissioner.
Hard Deadlines
The hard deadline set by the Commissioner must be upheld by the Artist. Hard Deadlines set at or shorter than one (1) week are subject to a rush fee determined at time of.
The Artist has the right to request an extension whose length must be agreeable between the Commissioner and Artist.))))

RUSH FEE
• Rush fees are subject to conditions and may vary depending on the project and the timeframe provided.
• However, in some cases, I am able to accept a rush commission that would bring your order up in queue for a fee as mentioned above.
• Dates provided are subject to change, details are to be discussed should the client have set dates.

REVISIONS AND FEEDBACK
• In terms of milestone/payment plan commissions, I will send a WIP (‘work in progress’) image after 100% payment per section.
• WIP images will come in the form of .jpg or .png files as an attachment via desired communication method.
• Once customer has verified that a WIP is acceptable and artist can move to next phase, any late additions or alterations will only be accepted via artist discretion with potential additional revision charge.
• Client will receive a WIP sketch for approval before line art, and client may request a WIP at any given time.
• Up to two major revisions can be made during the drafting/sketching phase of the commission. Only adjustments within reason can be made afterwards.
• When a WIP is sent to client, I ask that the client provides feedback and greenlights further progress.
• Major structural changes will only be made at the sketch stage. Color corrections however can be made at the color stage prior to finalized approved completion.
• Any major changes to the character or subject will potentially be subject to a fee, and the fee will depend on the nature of the changes.
• After the order is completed, minor changes such as color adjustments are allowed if the missing or inaccurate elements are errors on the part of artist or matter of readability due to screen differences.

FINAL PRODUCT
• Credit to me, the Artist, is required when you post or use it on any platform.
• In regard to requesting a re-send of artwork, I cannot guarantee against computer failure or accidental deletion or loss, however I do keep artworks long-term excluding extenuating circumstances and am willing to resend if able.

Individuals who have broken one or more major rules (Scammers, TOS violations, etc) enough that I will never work with them again.