Terms of Service Agreement
This agreement is between I, the Artist, and you, the Client, for work services performed on a project known as the Work.
Content I, the Artist, have the right to refuse projects and requests according to my discernment and capabilities. Some content that I will not be comfortable with representing include:
- Discriminating/Harmful/Hateful themes towards race, gender, sex, sexuality, religion or any other group or individual
- Mature theme such as gore, intense violence, sexual content
- Imitation of other art styles
I, the Artist, warrant that the Work will be my original work performed to the best of my ability. Artistic style is subject to minor changes as I improve and develop as an artist. I warrant that the Work is 100% original according to my best knowledge. I warrant I do not copy or heavily reference any materials or art I do not own (excepting for existing character design accuracy) while producing the Work. I have the right to use existing commercial licensed or commercial free construction assets such as brushes, vectors, symbols, patterns. templates, and more, and educational material such as anatomy, pose reference, tutorials and so on. Material and design direction such as mood boards and examples are referred to as inspiration, not reference, and will not be closely observed. Timeline & Process 1. Applications Commission applications will be done through forms where you will fill your application. If there is anything you're looking for that is not found in the form, feel free to contact me directly via my email. Applying for a commission or asking for a quote is always free of charge, so feel free to ask me anything, you won't be charged if I declined your commission request. Once I have confirmed your initial commission request, please make sure to reply in a timely manner (within a couple of work days is preferred) or I will consider your slot abandoned. 2. Payment Payment is done via Xoom (a payment method of Paypal), so please keep that in mind while applying for a commission. Xoom: I will provide my information where you can pay to me through the website with you paypal. You can pay 50% or 100%. After the commission piece is 50% completed, the rest of the payment must be paid. 3. Timeframe The completion of the Work requires 2 weeks at minimum, and may typically average 3 weeks to 2 months, depending on commission type, complexity, and workload of commissions. Deadlines and timelines will be adhered to in good faith but may not be possible sometimes. Note that each project may vary. There may be major revision(s) for each item shown during the process, not including mistakes made by the Artist. Revision later in the process such as after line art can only be minor. I will actively reach out for feedback. Additional charge may be required for further revisions that may impact the progress and timeline of the project. Delivery of finished Work will be through email. 4. Communication Communication will take place throughout the entire project timeline with updates and bouncing ideas. I will typically ask for feedback when I have something to show. I will let you know if anything is causing delays or priority shifts in the project. I will use Twitter DMs / Emails to facilitate communications. I will typically respond quickly but may also take up to 1 week, which is usually in order to provide a better, more concrete, update. Clients agree to provide all required art, references, information and assets before Work starts and during the process, or it can affect the timeline. 5. Rights, Usage & Credits I retain original copyright and ownership of the Work, which includes but may not be limited to redistributing, reproducing, advertising, displaying the Work in my websites, social media and portfolios according to my discretion. I have rights to repurpose unused process work for future projects, personal or otherwise. The process will likely be posted on Twitter and/or streamed on Twitch or Youtube unless Clients request otherwise before the project begins. A NDA or confidential commission status may be subject to a +25% fee. Clients are granted exclusive rights for personal use of the Work produced as agreed upon, which must not be transferred to any other parties. Personal use includes: (ex: Social media profile pictures, signatures, layouts, themes, wallpapers, personal website display, social media posts, physical prints and products) that is not for sale or distribution to any other party. Clients may not at any time modify, edit, change the Work without permission from the Artist. Unless specified in the commission information or otherwise discussed and agreed upon, commercial licenses and reselling rights are not included. Commercial means usage on streams, broadcast content, or any monetized work (i.e. including but not exclusive to: merchandise, monetized videos, music releases); and reselling rights means selling the Work to another party or another platform or on any platform. Any Work done or made available to the client must not be used for AI (Artificial Intelligence, Machine Learning, AI/ML Training, NFT, blockchain or any for profit platforms or purposes. Such usage is completely prohibited and may result in legal action taken. Should the client decide to change or adjust the commissioned works through the use of machine learning or derived technologies, or create derivatives of the commissioned works through the use of machine learning or derived technologies, I will consider this an automatic purchase of exclusive rights and charge the standard fee per artwork. Please inquire about the exact fee for your commission in advance. Commercial licenses require additional charges of at least 100%/2x / on a case-by-case basis / as listed in the commission information. Clients may not claim Work as their own or anyone else's and therefore must credit me as the Artist using my social tag: Bukoya. 6. Payments, Cancellation, Refunds Before starting the project, the Client pays a 50% down payment with the remaining 50% due at first complete watermarked preview before final revisions or delivery. Invoices will be sent when Work is ready to begin at least within a reasonable amount of time, not during waitlist or consultation process. Do not send a payment without my request. When invoice or payment link is received, the Client agrees to pay within 72 hours unless circumstances are communicated otherwise in advance, or the project/waitlist position may be cancelled by the Artist. If Client requests cancellation, 50% may be forfeit if less than 2 days before Work starts or be partially to fully refunded if there is more than 2 days notice before Work starts. Once Work begins, refunds are not possible unless initiated by the Artist. If for any unforeseen reason I cannot complete the Work or the Work is significantly delayed by 4 months past deadline, I will take initiative to inform you and provide a partial refund if Work done up to this point is accepted or full refund. Prices are in USD internationally, and paid via Xoom. Prices may change depending on the complexity of the commission. By engaging on any project, once Work has started, or transactions have been made through Paypal or Wise, the Client acknowledges the product and deliverables are DIGITAL and there is no physically shipped goods to receive. Chargebacks are not permitted and the refund policy as mentioned before will be followed. My work is always bound to my current level of skill, so I do the utmost in my abilities in all the commissioned artworks. I won't do refunds if the commission is already done or at the final rendering stage. Business Clients For businesses, agencies, organizations, management and groups, please contact me to arrange in more detail. Agreement I reserve the right to refuse to accept projects if it does not fit with my studio. By commissioning, you confirm you are at least 18 and above or have a legal parent/guardian to agree to all of the terms of service as listed above. The date for this agreement is upon the first inquiry/communication for the commission or upon the first transaction made.