TERMS OF SERVICE

 

GENERAL CONDUCT

  • Please speak English. The client must use English to the best of their ability as this is the artist's native language.

  • Treat the artist respectfully. The client must treat the artist respectfully before, during, and after correspondences regarding the commission. This includes but is not limited to avoiding aggressive behaviors, racial/sexist slurs, and excessive spamming. If the artist feels they are being disrespected in any way, they will issue a single warning to cease. If the disrespect persists, the commission will be terminated with a partial refund, if any at all, and deny the offending party any future services.

  • Resolve commission-related disputes privately. If the client has a dispute or disagreement with the artist regarding the commission, it must be negotiated and resolved privately. Any attempts to share these disputes or disagreements in a public space will result in an immediate termination of the commission without a refund.

  • Prior to the start of the commission, the artist reserves the right to refuse service to any client, and the client is not owed an explanation from the artist as to why their commission was rejected. 

  • The client and artist must maintain regular correspondence to ensure the commission will be completed in a timely manner. This is especially important if the commission has a tight deadline.

 

PAYMENT & PRICING

  • Only payments in USD (United States Dollars) via PayPal invoice from the artist are accepted.

  • Typically, payment must be received in full before the commission is started. Partial payment schedules for bigger projects must be negotiated and approved prior to starting the commission. 

  • The client is responsible for covering a handling fee. Given this fee is subject to change, this won't be included in the quote, but will be calculated when the invoice is created.

  • Additional payments for revisions must be paid in full before the artist proceeds with the commission.

  • To the best of their ability, the client must disclose any pertinent information concerning the commission up front. This includes but is not limited to the usage, timeline/deadlines, and budget as this will affect the pricing.

  • Rates on the Prices page are for personal commissions, and are subject to change for commercial work.

 

REFUND POLICY

  • Full refunds will only be given before the start of the commission, or if the artist is unable to complete it for any reason

  • The client can also ask for a partial refund once the artist has started the work. The refund amount will be reduced depending on the work completed:

    • Sketch: 75% Refund​

    • Final Layout: 50% Refund

    • Color Flats: 25% Refund

    • Final: No Refund

  • Before the refund is issued, the client must delete any or all artwork – work in progress or otherwise – related to the commission.

 

CONTENT GUIDELINES

  • Any content that breaches the Terms of Service of any platform it will be shared on may not be commissioned.

  • The artist will not draw content of the following nature:

    • Sexually Explicit

    • Excessively Violent 

    • Abusive

    • Anti-LGBTQ+/Racist

    • Hateful

  • For commercial work or any work where the client will gain monetary profit from the commissioned artwork, the artist cannot draw canon characters existing in games, shows, cartoons, movies, etc. The client’s original characters within the franchise, however, are acceptable.

 

USAGE RIGHTS

  • The client does not own the commissioned artwork(s); they are paying for the service of its creation and are only permitted to use the artwork(s) in ways are listed in the Usage Rights section of the Prices page, and/or contexts disclosed on the commission form

  • The artist owns the rights to the artwork(s), and can choose to display it in public galleries, or not at all.

  • Commissioned artwork(s) may not be used in any and all blockchain-related technology i.e. NFTs, cryptocurrency, or future inventions in the space.

  • Commissioned artwork(s) may not be used in AI generators of any kind.

  • If the commissioned artwork(s) is to be altered or repurposed in any way, the client first contact the artist for explicit written permission, and in some cases additional payment before sharing it in a public space.

  • Unless given explicit permission from the artist, the client may not privately or publicly share and work in progress iterations of the commissioned work(s) outside of the correspondences.

  • The client must also credit the artist wherever possible (i.e. Twitch artist badge, panels, chat commands) by mentioning the artist name [Tiffany "PurpleAlmonds" Hayashi] and website [https://purplealmonds.carrd.co/] or be subject to an Artist Credit Removal fee.

LICENSING

  • If the client wishes to obtain rights to use the commissioned work(s) for merchandise, or outside of what is listed on the Usage Rights on the Price page, they must purchase and sign a Licensing Agreement

  • A License may allow the client to create merchandise of both physical (i.e. prints, stickers, mugs) and digital (phone/desktop wallpapers, printable coloring pages) varieties.

  • The client must disclose all intended merchandise types and shopfronts (i.e. Redbubble, Shopify, Etsy) the commissioned work(s) will be featured in. Any undisclosed or additional usages requires the redrafting and re-signing of a new License Agreement.

  • The client must credit the artist by listing the artist's name [Tiffany "PurpleAlmonds" Hayashi] and website [https://purplealmonds.carrd.co/] either on the merchandise description or as a watermark on the commissioned work itself or be subject to an Artist Credit Removal fee.

  • In most cases, the client's license will be a one-time and will last indefinitely. For larger and more commercial commissions however, the license is likely to be temporary (ending when the print run is over) and be paid with via royalties. 

  • Pricing of the licensing fee will be reviewed on a case-to-case basis taking into consideration the type of commissioned work, the client's budget, and the projected profits of the merchandise run.

 

PROCESS

PART I: PRE-COMMISSION

GENERAL INFO:

  • Prior to beginning the commissioning process, the client is highly encouraged to examine commission samples and gallery to have a better grasp of what services the artist can provide.

COMMISSION FORM:

  • Before filling out the commission form, the client thoroughly reads and understands the TERMS OF SERVICE.

  • The client fills out a COMMISSION FORM via Google Forms listed on the Prices page.

  • Once the form is completed, the client will receive an automated email confirmation that their form is submitted.

  • If the client is unable to attach reference images in the COMMISSION FORM, they will be asked by the artist to send them before the commission is fully processed.

APPROVAL:

  • If the artist has further questions about the commission which may affect the pricing, the client will be contacted with follow-up questions before a quote is provided. 

  • Once the commission is approved, the client will receive a quote breaking down the total cost of the commission.

  • If the client does not respond within 72 hours, the artist will follow up to inquire if the client still wants to go through with the commission. 

  • The client has one week from the sharing of the quote to respond to the artist before their commission is archived. 

  • Once the quote is agreed upon, the artist will prepare a PayPal invoice. The amount owed will be slightly higher, as the client is also responsible for covering the PayPal transaction fee. The client sends payment only after the artist sends the PayPal invoice.

  • The artist will start on the commission shortly after the invoice is paid in full. 

PART II: COMMISSION

GENERAL INFO:

  • The commission may be subject to delays and time limits, though the artist will warn the client if this occurs.

  • Typically, the artist will give weekly updates regarding the commission progress. For key stages, the artist will wait for client response before proceeding. 

  • For long-term commissions, the artist may provide a timeline outlining check-ins for various stages of the project.  

  • If the commission has a tight deadline, the client is responsible for responding to the artist in a timely manner to progress the project in a timely manner. 

SKETCH & ROUGH COLOR PASS:

  • The artist will present ideation sketches with a rough color pass to the client.

  • If needed, revisions can be made and discussed over email or Discord DMs.


FINAL RENDER:

  • The artist will begin rendering the commissioned artwork to completion. 

  • The artist will present work in progress of the commissioned artwork(s) at regular intervals.

  • Once the commissioned artwork is complete with client approval, the client will receive the high resolution commissioned artwork.

 

PART III: POST-COMMISSION

FORM:

  • If the client is interested in creating merchandise out of the commissioned work(s), they must fill out the LICENSING FORM via Google Forms listed on the Prices page. 

  • Once the form is completed, the client will receive an automated email confirmation that their form is submitted.

LICENSING AGREEMENT:

  • If the artist has further questions which may affect the pricing, the client will be contacted with follow-up questions. Afterwards, the client will receive a LICENSING AGREEMENT breaking down the total cost of the license, as well other details unique to the license.

  • The LICENSING AGREEMENT must be signed with the date, the client's legal name and signature. Ideally this is done via e-signature. But if necessary, the agreement can be printed, signed, then scanned/photographed as a JPEG, PNG, or PDF.

  • After it is signed, the LICENSING AGREEMENT must be sent via Discord or email to the artist.

PAYMENT:

  • Once the LICENSING AGREEMENT is signed, the artist will prepare a PayPal invoice. The amount owed will be slightly higher, as the client is also responsible for covering the PayPal transaction fee. The client sends payment only after the artist sends the PayPal invoice.

  • After the payment is made in full, the client has permission to use the commissioned work(s) in the ways listed in the LICENSING AGREEMENT.

ADDITIONAL SUPPORT:

  • Depending on the client's preferences as listed on the form, the artist may provide support in formatting the commissioned work(s) to fit the specs of the merchandise.