MissMacutie

Digital Artist

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Terms of Service

Section I — General

1. The artist reserves the right to refuse a commission without reason or explanation.2. Inappropriate/aggressive behavior of any kind will not be tolerated. Should this or a breach of the Terms of Service occur, the artist may stop or cancel the commission.3. Poor communication may also be grounds for stopping the commission.4. The client must read, understand, and agree to all the terms. By continuing with the commission and going forth with the payment, the client has agreed to the above terms.

Section II — Payment/Prices

1. All prices are in USD.2. Prices are subject to change according to size, complexity, and/or detail of the piece at the discretion of the artist.3. Full payment takes place immediately after the artist accepts the commission.4. Payments must be made on the platform of the artist’s choice (Paypal).5. Invoices are required to be paid in full after 10 days of sending them.6. Individual payment plans can be made after the $100 threshold. Or unless approved by the artist.7. A group commission must be paid for by 1 (one) person in order to avoid complications and miscommunications.8. If the commission is needed by a specific deadline that is communicated to the artist in advance, the artist may apply a fee at their discretion.9. Final prices stated by the artist are non-negotiable.

Section III — Process/Deadline/ Communication

1. The client must provide clear and concise references/descriptions of their character(s) in order to avoid confusion.2. Any written text or communication must be in English (or the artist’s preferred language).3. Quotes may be provided at the client’s request. They do not represent the final price. They are only an estimate at the time of sending and can be changed at any point in the future at the artist’s discretion.4. Clients may request changes during the sketching process. Changes applied after this check in may require an extra fee based on the nature or complexity of the change.5. Final commission piece will be sent through email or the platform of the client’s choice in order to receive the full quality image.6. The platform for communication must be established in advance so that both the client and artist can have a reliable line of communication, whether it be over email, instant messaging, etc.7. Allow up to 2 months for commission turnaround.

Section IV — Rights

1. The commissioned piece may be subject to an upcharge if it will be used for commercial purposes and cannot be redistributed or reproduced. The client may NOT make any profit off of the piece unless given permission, which includes but is not limited to digital prints, physical items, etc.2. The artist retains all rights to the piece of artwork itself, including the right to make any merchandise. This must be communicated with the client in advance and have the client’s full consent.3. Removing any artist watermarks is a violation of these terms.4. The artist retains the right to crop, edit, or alter the image for promotional use.5. The artist does not claim any rights to any intellectual property or the character(s).6. The client may not alter or edit the piece of artwork itself unless agreed upon by the artist.7. If permission has been obtained from the artist, the piece may be reposted to their platforms of choice so long as full credit is given to the artist.8. The client may not claim the commissioned piece as theirs in any way, shape, or form.9. The commissioned artwork may not be resold unless permission has been given by the artist.10. The artist is not responsible for providing the client with a physical object, print, merchandise, etc. of the artwork, unless agreed upon in which a fee may be applied.11. The client may print a copy of the commissioned artwork for personal use if provided with written consent by the artist. It may not be redistributed or sold in any way.

Section V — Refund Policy

1. If the client wishes to cancel the commission before payment, there are no repercussions. The commission will be cancelled and no further action needs to be taken.2. If the client wishes for a refund before beginning any work, a full refund will be provided.3. If the client wishes for a refund after beginning any work, a percentage of the refund will be provided at the artist’s discretion based on how much work is done.4. If the client wishes for a refund after the commission is completed, no refund will be provided.

Section VI — Other

1. By providing the client with a line of communication to the artist, the client agrees to act in a professional manner.2. The client may not redistribute the artist’s contact in any way unless agreed upon by the artist in advance.3. Should any terms of service be breached, or the artist incurs damages caused by the client, the artist reserves the right to either issue a takedown DMCA notice or pursue damages through the Copyright Law of the United States ( https://www.copyright.gov/title17/ )

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