terms of service.

Before asking or contacting me for a commission, please read through the terms of service below. Contact for a commission will be considered as an agreement to the terms of service outlined below.

Throughout this contract, HITARU, AJWILDES and/or MINASIA, will be referred to as 'The Artist'.

By commissioning me in any kind of way, you are agreeing to the terms of service below.

Any statement can be bound to change if discussed with me, the artist, prior to the commission

GENERAL TERMS

Please write in a clear and polite manner when messaging.
Provide clear references when required.
Any ill behaviour will not be tolerated and your commission will be canceled if it occurs.
I, the artist, have the right to decline or cancel a commission for any reason.
Commission prices are subject to change, but price changes will not apply if a client is in the queue for a commission and they made their commission request before the change took place.
Clients must state whether their commission will be used solely for personal use or if they intend to use it commercially and potentially profit off of the work. Commercial work will always require an additional fee.
If a client requests a commission that has a deadline of a week or less, rush fees may apply.

PAYMENT

All commissions must either be paid in full upfront, or 50% upfront and 50% once the sketch phase is confirmed to be satisfactory by the client.
The only currency accepted is CAD.
Payment can only be made via PayPal, which the client must provide a valid email address for to receive an invoice for the purchase.
Payment cannot be made in the form of cash or check.
If the client is purchasing a NSFW piece, they MUST be over the age of 18 and will be asked to provide a valid form of identification. I, the artist, reserve the right to decline this sale if I feel your provided I.D. is not sufficient.
Upon any form of payment, there is no expectation of receiving a physical object. Completed work is received via digital file transfer only. Nothing will be shipped to any address provided.

PROCESS

The client must provide a clear idea of the work they would like. The artist will then provide the client with the rate.
The client must provide clear reference images if required.
Work will be started once either full payment has been received or 50% payment has been received. I, the artist, will confirm with the client that I have received the payment. The first 50% of the full price is nonrefundable.
Work In Progress will be given to the client in the form of a low resolution JPG after each phase (sketch, ink, and colour.)
If the client has decided to pay 50% up front, the other 50% must be paid once they have confirmed with the artist that the sketch is ready for ink and/or colour. Inking will be started once the artist has confirmed with the client that full payment has been received.
Time consuming changes require an additional fee. The first small change (examples: changing a character's hair colour, changing a character's nose shape, etc.) is free. Additional small changes will require an additional payment of 5% of the full price. Large changes (examples: pose/panel redraws, a change in costume, etc.) will require an additional payment of 10% of the full price. Change fees must be paid upfront when a change is requested. Changes will not be made until the artist has confirmed that payment has been received.
If the client is commissioning multiple pieces (example: a comic, a poster series, etc.) the client can either choose to pay the amount for the entire project upfront/50-50, or choose to pay upfront/50-50 on a piece-by-piece basis.
The client will be sent a high resolution PNG of their commission via any communication of their choice that is available to the artist (Discord, email, etc.) once the client has confirmed that the work is to their satisfaction. If other file types are required (.PSD, .GIF, .JPEG, etc.), the client will request these before finalising their commission.

CUSTOMER SATISFACTION

I, the artist, will do everything I can to make my clients happy. However, changes cannot be made after the work is complete and the client has received their high resolution file(s).
I, the artist, ask that the client be clear with what they would like from the beginning to avoid any major issues and minimize the chance of changes being needed.
Upon the client receiving their finalised high resolution file(s), it is their responsibility to ensure the safety of their purchase. I, the artist, cannot guarantee any form of the client's purchase will remain saved and/or available to be re-sent at a later date.

COPYRIGHT / USAGE POLICY

I, the artist, hold every right to the produced drawing, not the client. THEREFORE, I, the artist, am allowed to use the artwork to:

Promote myself.
Display it anywhere to my liking.
Post it wherever I want.

The client is allowed to:

Use the copyright artwork for personal use only unless agreed otherwise.
Print the art, and claim the right of their character(s) but not the drawing itself.
Share the artwork on their own social media pages and/or use the art to promote themselves with proper credit given to the artist.

If you break the copyright infringement in any way, every right you had to the drawing will be retracted. The following is considered Copyright infringement:

Reproducing/using the copyrighted artwork commercially outside of any applicable agreements.
Uploading copyrighted work to be resold, INCLUDING as an NFT.
Taking credit for the creation of the artwork.
Removing the watermarks/signatures.
Tracing the artwork.
Altering the artwork without the artist’s consent.

A Purchase of Commercial rights to the artwork will always be 300% of the original price.

CANCELING / REFUNDING POLICY

I have the right to cancel and refund the money for your commission at any time.
If the client has paid the artist 50% of the full commission price or more, the first 50% of the full commission price is nonrefundable, regardless of the current stage of the commission (example: if a refund is requested for a $100 commission, only $50 will be refunded.)
If a cancellation is requested during the ink phase or colour phase, I, the artist, reserve the right to deny any form of refund.
100% refunds will never be made once the work has been started.
If you file a chargeback via PayPal your right to everything I, the artist, have ever made for you will be retracted and I have the right to sell the copyrighted artwork to new buyers. You will be forbidden to commission me, HITARU/AJWILDES/MINASIA, in the future, and I reserve the right to warn other artists about you privately and publicly.