Terms of Service

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IMPORTANT INFO / TERMS OF SERVICE

CONTACT


best ways to contact me about commissions:
  • dA notes
  • srsaraco@gmail.com
  • Discord:  Shalmons#0614
  • contacting on any of my social media accounts is fine too (Shalmons on most platforms, ShalmonsArt on Twitter/Facebook, ShalmonsDraws on Tumblr)
  • if it takes me several days to respond & i seem to otherwise be active, try messaging on a different platform--i feel like i've encountered delivery problems on all of them, so it's entirely possible the message got lost 

PAYMENT INFO

  • Payment required first. Paypal and deviantArt point equivalents accepted.  ($1=100pt conversion)
  • Please only pay in points if you're a minor!  (I have to enforce this for legal reasons, since minors can't legally have paypal accounts & i can't tell if they're using a guardian account with permission) 
  • If you're eligible for a discount and I seem to have forgotten about it, please remind me!
  • If using Paypal, please wait for me to send you an invoice (which means I'll need your paypal e-mail)!

SUBJECT RESTRICTIONS

  • Willing to draw any species!
  • still-life subjects are accepted on a case-by-case basis.  i will probably reject most complex objects, but there are some simple things i can work with.
  • If commissioning a specific character, you must either own the character (either through your own design or purchased as an "adoptable"), or have permission to commission art of them.
    • I'll accept commissions bought as a surprise gift for someone else, as long as it doesn't seem like anything suspicious is going on.  
  • Subject can't be a real person (unless it's of a friend, and you've obtained their permission. I reserve the right to reject this type of subject if I suspect that harassment is happening on either end).
  • Copyrighted or "fanart" subjects must fit under these loopholes:
    • custom video game character (Ex: your Shepard from Mass Effect)
    • custom browser game character/avatar (Ex: your Flight Rising dragon)
    • literary characters with no official "canon" design (or a fan reinterpratation)
    • fakemon/fusions, gijinka, or other fan characters 
      • fan characters can't be wearing a specific uniform or costume that is identical to copyrighted material (ex: Hidden Leaf uniform from Naruto)

  • SFW subjects only. I'm also not comfortable with gore, but skeletal subjects, or characters with missing limbs are fine.
  • No figures or symbols that have any explicit connection with real-life religion or politics.
    • (Designs that are merely inspired by such things are fine, as long as they don't contain explicitly identifiable symbols.)

WIP POLICY

  • wips are optional & are only guaranteed if you request them in the "wips?" area of the order form.
  • you may request a maximum of 5 changes for free--after that, there will be fees.
  • you may request small changes for free after delivery, even if you didn't opt-in for wips--but keep in mind that larger changes may come with a fee. if you don't consider yourself terribly picky & would prefer to simply have a speedy art delivery, opting out of wips may be the better choice.
  • if you do request wips, please keep in mind that it may invalidate the initial deadline, since i cannot account for how long you may take to respond & approve wip changes. this means that the completed "late" work will only be eligible for a partial or full refund if i was excessively late in delivering the final touches for approval.
    • Examples for clarity:
      • Not counted as late: The given deadline for a commission was 9/5, and although communication was fairly prompt on both ends, there was extensive back-and-forth and the work was not fully complete until 9/12.
      • Counted as late & eligible for partial refund: The given deadline for a commission was 9/5, and although the client's communication was prompt, i dragged my feet & caused the completed work to be delayed until October.

FINISHED PRODUCT/USAGE

  • All pixel-type commissions come with a 100% sized version, and a larger "zoomed" version.
  • Commissioner may post the commissions elsewhere or use them as avatars, as long as they don't claim to have created the art.
  • Edits may be requested within the first month of delivery (though drastic edits may come with a fee). If an entire month has passed, I reserve the right to reject any edit requests.
    • edits that involve correcting blatant design mistakes (incorrect color or pattern, forgetting outfit details, etc) are done for free! don't be afraid to ask~
  • Commissioner may not incorporate or re-purpose my work into excessively violent or pornographic content, religious or political propaganda, or generally hateful content. If my work is ever seen in this context, please assume that permission was NOT given.
    • In the case of a purchased character design, this only applies for the initial art created by me, as I have no control over how the customer chooses to draw them from then on, or the kind of art they might purchase for them elsewhere  (although i would still appreciate that the character not be used for hateful or propagandist purposes) 
  • For use of a purchased character design in a commercial or long-form public use (ex: a webcomic) product, please contact me first to give me an overview of the intended use--I will most likely be okay with it as long as it meets the criteria stated above <3  

CLIENT RELATIONS

  • I reserve the right to decline orders from any suspicious or untrustworthy identities.
    • Traits that I deem suspicious/untrustworthy:
      • brand new accounts (under 2 months)
      • empty accounts
        • i make exceptions for new/empty accounts if i see you have an active/older account elsewhere, or if you generally seem to have a good reputation already 
    • widespread poor reputation with regard to payment or other etiquette
  • I reserve the right to decline an order from a returning client who I found extremely stressful to work with on a previous occasion, or a client of "celebrity" status that I may feel uncomfortable to be associated with.
  • I do not claim to have full knowledge of every character I am commissioned to draw, and do not necessarily share the views demonstrated by the character or the media the character's owner has created them for. (I may do a brief skimming for immediately objectionable stuff I may not want to be associated with, but that's it.)
  • Please do not assume that I'm aware of or share a client's particular beliefs, just because I did a commission for them.

TURNAROUND/QUEUE POLICY

  • Commissions are currently available via ping list or special limited public slots.
  • Delivery Date system:
    • An estimated due date will be placed on your slot in the queue, after payment (an estimate due date will also be provided on the invoice for paypal payments, but is subject to change if your payment is delayed). Orders will be completed in order of payment, unless I'm ahead of schedule and can afford to be flexible.
    • I will provide a warning before purchase if the delivery time is going to be well over two weeks--you are free to back out of your order if you don't like the wait time.  
      • However, most ping list orders are only billed when the wait is going to be 2 weeks or less. 
    • I like to try & get ahead of schedule whenever I can. However, I do not adjust the delivery dates when this happens, in case I end up needing the extra time for something else.
  • You may pay in advance to reserve a spot, if you like. (For instance, if you know what kind of order you'd like, but haven't decided on the subject, or don't have finalized references for the subject yet. I'll begin work on a reserved order once the proper references are provided.)
    • If you've been holding a slot for an extended period of time, it will not be counted among the main slots & an adjusted delivery date will be discussed whenever the commissioner is ready.

DELAYS/REFUNDS/ETC.

  • I will notify the commissioner of any delays caused by my personal life.
    • Please assume that I've become seriously incapacitated in some way, if I remain unresponsive for over 2 weeks.
  • Refunds may be negotiated in the event of excessive delays, as long as I am physically capable of doing so.
    • You are eligible to be partially refunded & still get your order as soon as I miss the given deadline for your order.
    • A full refund with your order is allowed if I am excessively late (over 2 weeks) Just keep in mind that I may have to refund without the art, if I've become physically incapable of doing it for an undefined period of time.
    • A fully refunded cancellation may be requested as long as I have not yet begun work on the commission (it will have to be a partial refund if work was already started.) 
      • Please keep in mind that cancellations from first-time clients may make me wary of accepting commissions from you in the future.
        • This "trust penalty" does not apply if you haven't paid yet & are simply canceling while you're still on the Wait List.
  • An order cannot be considered "late" if it was delivered on time, but had errors fixed as per client's request at a later date. I try to have fixes done on the same day if possible, but can't account for delays in correspondence.
  • If I seem to have forgotten your order and/or you notice it missing from the queue, please contact me! In the event that your order has become overdue, we may discuss either a refund or compensation bonus art.
    • I will first check payment history on both dA & paypal--if i can't find your order, I'll have to assume that you never paid & thus were never supposed to be on the queue to begin with.



Ping list & order queue (with delivery dates) can be found here
© 2017 - 2024 Shalmons
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Atlas-s's avatar
am i able to use this template and edit to what i need it for?