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Latest Journal

Terms of Service for Art Commissions by Kefasun

on 15 January 2020 at 03:41:47 MST

Table of Contents
1. Terms of Service
2. Key Terms
3. Quality Disclaimer
4. Agreement
5. Correspondence
6. Payment
7. Refunds and Cancellation Policy
8. Copyright and Sharing
9. Privacy Policy

1. Terms of Service

This document details the rights and responsibilities of both the artist and commissioner in regards to the commission service provided by the artist. By entering a mutual agreement of transaction with the artist, the commissioner automatically agrees to all the terms stated in this document. Said terms will only take effect once both the artist and commissioner have explicitly stated their respective individual agreement (and therefore reaching a mutual agreement) to take part in this service.

2. Key Terms

“Commissioner” is defined as the person who pays a mutually agreed upon amount of legal currency to the artist in exchange for the artist's commission service.

“Artist” is defined as the person who provides the commission service in exchange for a mutually agreed upon amount of legal currency.

“Transaction” is defined as the exchange of legal currency for artwork.

“Service” is defined as the process in which the commissioner pays a mutually agreed upon amount of legal currency to make a request to the artist to create a specified piece of artwork in accordance to the commissioner's instructions with agreement by the artist, with the artist then obliging to the request by producing the previously defined artwork in exchange for a mutually agreed upon amount of legal currency.

“Agreement” is defined as the explicitly stated consent of both the artist and commissioner to proceed with the transaction and service.

“Art”, “artwork”, and “creative work” are defined as the product resulting from the commission service that the artist and commissioner mutually agree to engage in.

3. Quality Disclaimer

By entering an agreement with the artist, the commissioner acknowledges that the quality of the service and resulting product is not evident until the product's completion, and agrees to pay the mutually agreed price for said work regardless of whether or not the commissioner feels entirely satisfied with the service and final product. While the artist is expected to listen to and make a full effort to deliver a product to the specifications and satisfaction of the commissioner, the artist is not obliged to continue refinement or to make repeated attempts of features on the same work if the artist deems said efforts as excessive, unwarranted, or not worth the amount of legal currency that was agreed to be payed by the commissioner in exchange for the artist's service. Before beginning the commission process, it is strongly advised that the commissioner looks at examples of the artist's previous work in order to effectively determine whether or not the commissioner will be satisfied with the type and quality of artwork that the artist provides.

4. Agreement

Before the commission service can begin, both the commissioner and artist must define their respective unique desires of the particular instance of transaction in which they choose to participate in, as well as express their agreement to participate in the exchange of legal currency for artwork. Once the transaction has been sufficiently defined and agreed upon by all participating parties, the service will begin and the terms of service stated in this document will take effect. Once the commission service has begun, the terms of service will remain in effect until the commission service has ended, with the exceptions of the sections titled “Copyright and Sharing" and “Privacy Policy”, as these latter two sections outline terms that remain in effect even after the commission service has concluded.

The commission service ends when when one of the two following events has occurred;

1) The commissioned artwork has been completed and adequately shared with the commissioner to the commissioner's satisfaction, and the agreed amount of legal currency has been received by the artist.

OR

2) The service has been cancelled. (See Refunds and Cancellation Policy.)

Before mutual agreement has been reached, both the commissioner and the artist each reserve the individual right to refuse to participate in the commission service for any reason. Initiation of discussion regarding details of the service does not equate to the beginning of the service.

As part of mutual agreement, the commissioner and artist must specify a series of details regarding the commission service. The details that are essential to agreement are; the amount of legal currency that is to be paid to the artist in exchange for artwork, the general type of artwork to be produced, and the fine details regarding the artwork itself that the artist requires in order to produce a work that is in accordance to the commissioner's specifications. Without the clear communication of these details between the commissioner and artist, agreement cannot take place.

If the commissioner sends payment to the artist before the necessary details of the transaction are defined and agreed upon, then it is to be assumed that mutual agreement has not occurred, and the artist is not obliged to begin production of artwork for the commissioner. If the artist has decided to begin production on a creative work without the prior complete agreement of the commissioner, then it is to be assumed that mutual agreement has not occurred, and the commissioner is not obliged to pay the artist.

As a means to verify explicit mutual agreement, the artist may elect to recount the details of the transaction once all has been decided, then ask the commissioner if they are correct. If the commissioner then states that said details are indeed correct, then this is to be taken as a statement of explicit agreement on part of the commissioner. If the commissioner states that said details are not correct, or if the commissioner refuses to give a statement of explicit agreement, then neither the commissioner nor the artist will be obliged to take part in the commission service.

Once the artist and commissioner have decided all the necessary details for the transaction and communicated their respective explicit agreement, both the artist and commissioner will be bound by the terms outlined in this document. The artist must produce the work that was previously specified by the commissioner, and the commissioner must pay the previously defined amount of legal currency to the artist. There are certain events in which exceptions to the expected transaction may occur, which are defined in this document.

5. Correspondence

As a necessary part of the commission process, the artist and commissioner must engage in clear communication. It may be necessary for details to be specified, clarified, and/or verified during the commission service.

If the commissioner makes a request to the artist to see a progress update, then the artist must oblige. If the artist does not send a progress update within three (3) days of the commissioner's request to see one, then the commissioner is allowed additional refund leniency if the commissioner decides to then cancel the commission process. The exact degree of refund leniency allowed in this case of a lack of progress update correspondence from the artist is defined in this document (see Refunds and Cancellation Policy).

If the artist requires clarification on details regarding what the commissioner would like to see in the artwork, then the commissioner is obliged to provide any further explanations that the artist deems necessary. If the commissioner has not provided essential correspondence within one week – seven (7) days – of the artist asking for clarification, then the artist may choose to cancel the service with a partial or full refund to the commissioner.

As stated in Agreement, the exact details regarding the artwork to be produced must be decided upon before the commission service begins. If the commissioner is inclined to change certain details regarding the artwork after the commission service has already begun, then the commissioner is allowed to request that the artist make these changes. The artist is not obliged to adhere to any sort of request to change an artwork already in progress. If the artist does decide to allow the commissioner to make changes to previously specified details regarding the work being produced, then the artist is allowed to change the amount of legal currency that is to be paid in exchange for the finished artwork.

The artist will make decisions regarding modifications to an in-progress work on the grounds of how much additional effort must be made in order to make the desired modifications. This includes the decision on whether or not to adhere to the commissioner's request for modifications, and how much of an adjustment to the amount of legal currency to be paid is appropriate in accordance with the modifications to be made.

Before beginning the process of modifying an artwork in progress, the commissioner must agree to the change in amount of legal currency being paid as determined by the artist. If the commissioner does not agree to the adjusted price after taking modifications into account, then the artist is not obliged to make said modifications to the artwork in progress. If the artist completes the artwork with modifications in accordance to the commissioner's desires without having received prior explicit agreement on part of the commissioner to pay an amount of legal currency that differs from what was initially agreed upon before the commission service began, then the commissioner is not obliged to adhere to the adjusted amount of legal currency being paid, and is only obliged to pay the amount of legal currency that was initially agreed upon before the commission service began.

6. Payment

The commissioner may choose to pay either during the creation process of the artwork, or after its completion. The commissioner may not send payment until the commissioner and artist have mutually agreed to engage in the commission service. If the commissioner has for whatever reason decided to send an amount of legal currency to the artist without the prior complete agreement of the artist, then the artist is not obliged to engage in the commission service.

The artist may decide what method or methods of payment are acceptable as a means of transaction. In the case of the artist providing multiple acceptable means of transaction, the commissioner may choose which method of payment to use. The artist must oblige to this choice.

In the case of digital payment, any fees imposed by the platform by which the digital transaction takes place (e.g., PayPal) shall be covered by the artist. Any specifications on the details of the transaction that may be required by the platform (e.g., type of transaction) are to be decided by the artist. The artist is expected to inform the commissioner of what details need to be specified and how, and the commissioner must follow these payment-related specifications provided by the artist.

7. Refunds and Cancellation Policy

There are certain circumstances in which either the artist or commissioner may choose to cancel the commission service before the artwork has been completed. Depending on the amount of progress that has been made on the artwork at the time of cancellation, the commissioner will be eligible for different degrees of refund. These degrees are as follows;

Sketch – If the sketch of the artwork is still in progress, then the commissioner is entitled to a full refund in the event of a cancellation.

Linework – If the sketch has been completed and linework is in progress, then the commissioner is entitled to an 80% refund in the event of a cancellation.
If the commissioner has requested to see a progress update and the artist has not shown one in three (3) days after the commissioner's request, then the commissioner is entitled to a full refund at the “linework” stage in the commission process in the event of a cancellation (see Correspondence).

Colors & detail – If the linework has been completed and coloring, shading, lighting, texturing, and other details are in progress, then the commissioner is entitled to a 40% refund in the event of a cancellation.
If the commissioner has requested to see a progress update and the artist has not shown one in three (3) days after the commissioner's request, then the commissioner is entitled to an 80% refund at the “colors & detail” stage in the commission process in the event of a cancellation (see Correspondence).

If the artwork is technically incomplete, but progress has been made to the point where it could be considered nearly complete with consideration to the original specifications set before the beginning of the commission process, then the commissioner is not entitled to a refund in the event of a cancellation by the commissioner.

The artist may not choose to cancel the commission process unless one of the two events has occurred;

1) The commissioner has not provided essential correspondence within one week – seven (7) days – of the artist asking for clarification.

OR

2) The artist declares an emergency.

If the artist is suddenly faced with a serious, unexpected, or dangerous circumstance that requires the artist's full attention and efforts to address, then the artist may declare an emergency and cancel the commission service. In this event, the artist does not need to specify terms of the refund before declaring the emergency and subsequently cancelling the commission service. Once the emergency has been sufficiently addressed to the point where the artist is able to resume normal activity, then the artist must correspond with the commissioner, specify the terms of the refund, and follow through with whatever exchange may be left to take place at that point.

In any event of cancellation, the artist may not disregard the predefined guidelines for partial refund amounts, except in the event that the artist decides to instead allow the commissioner a full refund despite whatever amount of progress has been made.
In any event of cancellation, the commissioner is entitled to a satisfactory means of possessing a copy of whatever progress has been made on the artwork up to the point of cancellation, provided that it does not come at any sort of additional financial expense to the artist.

8. Copyright and Sharing

This section remains in effect after the commission service has concluded.

All owners of any intellectual properties involved in the artwork retain prior ownership of their respective intellectual properties after the commission service has concluded. In accordance with the Visual Artists Rights Act, the artist is the copyright holder of the artwork resulting from the commission service. This entitles the artist to freely display, distribute, and sell copies of the work.

Once the artwork has been completed, the commissioner is entitled to a satisfactory means of possessing a copy of the artwork that does not come at any sort of additional financial expense to the artist. In the case of traditional art, the commissioner is entitled to possession of the original physical copy. If the commissioner requires the original physical copy to be shipped/mailed, any postal costs shall be covered by the artist. In the case of digital art, the commissioner is entitled to a high-quality (300dpi or higher) source file of the artwork, sufficient for use as a means of creating a print of the artwork.

9. Privacy Policy

This section remains in effect after the commission service has concluded.

In order for the artist to receive payment and for the commissioner to receive a satisfactory copy of the resulting work, it may be necessary in certain circumstances for financial information or other private/personal information to be shared between the artist and commissioner. Such information includes but is not limited to; information necessary to complete a financial transaction such as payment platform account information, contact information, shipping information/mailing addresses, and legal names. The sharing and usage of any such information is to be strictly limited to the instance of transaction for which said information is necessary in order to achieve completion of that specific transaction. Neither the artist nor the commissioner may disclose any sort of this sensitive, private, and/or personal information that was exchanged as a necessity to complete the transaction to any other party or parties.

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