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TERMS OF SERVICE
Last Updated 2 January 2023
Refusal of Service
I. The Artist has full right to refuse service under any circumstance informing Client of denial/refusal of service to commit to working on Commission.
II. If the Commission ordered is deemed by the Artist a subject matter that is not one the Artist will depict, the Commission shall be declined.
III. The Artist reserves the right to refuse a commission if it does not mesh with their aesthetic or content they wish to depict. The Artist may choose not to include reasoning for Commission refusal.
I. The Artist will accept commissions of all ratings. In terms of subject matter/situations, please contact the artist with an inquiry. All characters depicted within Mature to Adult rated artwork must be of legal age (18+).
II. The Artist reserves the right to decline to depict copyrighted characters.
III. Private Commissions will incur a fee. If the Commission is Private, it will not be uploaded or distributed. Do not post (DNP) agreements are permanent unless permission from both Artist and Client is otherwise given to make available publicly.
Copyright, Usage, and Alterations
I. The Artist has full rights to reproduce or post the art as seen fit (i.e. selling of prints, portfolios, promotional material, paid sites e.g SubscribeStar, Patreon, Gumroad). All credit for the character design, character, or features will be credited to the Client. The Client may be credited as an "Anonymous" or "Anon" if requested.
II.Any alterations made to the final Commission (removing of signature, recoloring) are prohibited, unless the Artist gives written permission.
III. Credit must be given to the Artist, as "Oouna". The Client is allowed to use commissioned pieces for PERSONAL, non-commercial/not for-profit purposes (e.g icons, banners, role-play images, AI image training/generation.)
IV. For an additional fee, the Client will be granted commercial usage rights for the artwork.
V. Under no circumstances may the artwork(s) be sold or purchased as an NFT.
VI. All rights not otherwise expressed in these terms are reserved to the Artist.
Prices and Payment
I. Prices are subject to change. Unless otherwise noted, prices listed are base prices.
II. Additional fees for complex characters, markings, multiple characters, and/or content may be charged case-by-case.
III. Edits to a piece past the initial sketch and review phase may incur an additional charge. Edits to a finished/final image/piece will incur a fee. Minor or Trivial edits (Excessive Nitpicking) throughout the process of completing a piece will also incur a fee. Please be clear with the initial communication of your idea.
IV. Payment is completed through Square. If in the event that payment through Square is not available, the Artist will use PayPal as an alternative. Prices are in USD.
V. The Artist will send an invoice to the Client. Payment shall be completed before work on the piece proceeds. Should a payment plan need to be discussed, it is the responsibility of the Artist and Client to reach an agreement. Work will not begin on the piece until it has been paid in full, unless otherwise discussed. Payment plans may incur a fee to cover the amount for multiple invoice processing fees.
VI. Upon completion, the Client will receive both high-resolution and lower-resolution digital image for posting, as well as any other additional variants if previously discussed.
Cancellations and Refunds
I. The Artist has the right to cancel a Commission if they feel that it cannot be completed to the best of their ability. A full or partial refund for the work will be given, depending on the stage of completion and an agreement with client is met.
II. The Client has the right to cancel the Commission if it has not begun, or if in the preliminary sketch or thumb-nailing stage. A full or partial refund will be given. If it is past the initial planning and sketching phase, a partial refund will be given.
III. If the work is cancelled intermittently (i.e during painting stage), no refund will be given.
IV. The Artist holds the right to cancel a Commission if it cannot be completed, or if the Client behaves rudely or inappropriately, or is unable to keep in contact with the artist during the duration of the Commission.
V. If accepted for a Commission, the Artist will contact the Client. The Client will then have 48 hours to confirm, or the slot will be revoked.
In the event the Artist is unable to complete the performance of its obligations under the terms of this Agreement due to circumstances beyond its control, including, without limitation, by reason of "acts of God", fires, strikes, accidents, embargoes, riots, floods, earthquakes, wars, or governmental rulings, Artist shall be relieved from all obligations hereunder and any surplus funds that can be returned to the client in said circumstance shall be returned. The same exceptions are reserved to the Client.
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