Art Commission Rules & Terms of Service
  • Art Commission Rules & Terms of Service

  • These are my commission rules and Terms of Service. You of course are under no obligation to agree to this until you are ready to finalise and move ahead with your commission! Please be aware that the Rules and Terms of Service must be agreed to & accepted before we move ahead with payment and begin any work on your project.

    I appreciate that it is a lot of information, but if there's anything you feel unsure about/unclear on then please do talk to me as I am more than happy to explain and discuss parts personally if needed! :)

     

    COMMISSION CONTENT RULES

     

    I WILL draw:

    -Humans/People
    -Robots/Cyborgs
    -Complex Armor 
    -Monsters/Creatures
    -Animals/Pets

    -Vehicles

    -Backgrounds/Landscapes
    -Furry/Anthropomorphic

    -Tattoos

    -Fantasy

    -LGBTQA+

    -Most tasteful nudity/NSFW (Case by case basis, happy to discuss)*

    -Most fanart (Case by case basis)**


    PLEASE NOTE: Complex armor, Machinery, Robots, High detailed objects, difficult perspective etc. are likely to add to the total cost and time of completion due to the amount of additional time/work they take. Additionally, If you’d like me to design something completely from scratch without specific references this will also likely add to the cost due to the extra planning and thought process needed. All of this will be discussed and confirmed with you in advance!

    *I reserve the right to define what is and isn’t tasteful nudity

    **I will not draw anything involving the “shipping” of real-life people that aren’t actually together (Unless you can provide their explicit written permission). Softer topics like friendship etc. are absolutely fine, but I am not comfortable creating art depicting fictional romantic relationships of real people without their consent. This applies to both celebrities and general IRL people. This rule does not apply to characters (either animated or live action), this is not a problem!

    I will NOT draw:

    -Anything Offensive (racism, homophobia, transphobia, incest, paedophilia, prejudice, etc.) *

    -Heavily Political Pieces

    -Photo Realism (Whilst some of my portraits and pet portraits have a photo realism look, they fall more under the category of semi-realism, with a slightly more stylistic approach combined with my own personal illustrative style. I don’t create identical copies of reference photos.)

    -Advanced Typography (Basic text and titles are fine, but please be aware that Typography is not my forte so I am likely to use basic fonts, my own handwriting, or potentially seek out copywrite free text options for more specific styles. This can be sorted out and discussed with you if needed within a project/commission!

    -I will not directly copy or try to identically imitate another artist’s style. I have spent years developing my own personal style, and as a mark of respect to other talented creatives in the industry, I would personally feel uncomfortable doing so. (Additionally, I am generally pretty flexible at altering my own style to suit your specific needs (Eg. Line weight, shape language, texture & pattern, etc.)

    *I reserve the right to define what is or isn’t offensive

    *In cases of support based imagery, eg. Anti-homophobia, equal rights, positive climate change, etc. This is usually absolutely fine, but will likely be on a case by case basis.

    Aside from the points listed above, there is not much that I am not willing to draw, so if you’re unsure, please feel free to ask, questions and discussion is absolutely welcomed! 😊

     

     

    PAYMENT AND ORDERING RULES:

     

    -You must be able to pay via PayPal or Bank Transfer. I am currently only accepting GBP as payment. You will be responsible for making currency conversions. I use these payment methods to preserve legal rights of both parties and protect against fraud/scandals. Additionally, I would be willing to discuss accepting physical cash in person (Not through the post) if you are local to me! (I am based in Surrey, UK - This can be discussed if you wish to choose this route.)

     

    - All commissions under the total cost of £30.00 (GBP) must be paid in full upfront before any work begins. This is non-negotiable as it is the only way I can fairly protect myself from potential lost time, labour, and fraud.

     

    - For works that cost over £30.00 (GBP), whilst I would prefer upfront payment - I am willing to discuss and consider a half upfront, and half on completion payment schedule. This is on a case-by-case basis and not a given by default; this will all be discussed and agreed upon by both parties before any payments are made!

     

    -On occasions of split payment agreement, the finished piece will be sent to you as a low-resolution or watermarked image to confirm completion of the piece until the remaining balance has been fulfilled; once the remaining payment has been settled by you, only then will I send the completed unwatermarked/High-resolution image.

    - Work will only be started after the agreed-upon amount is sent and confirmed to have been received by me. (For more details of the process, see further below!) Please do not send payment until I have confirmed that I am able to accept your commission, that you have agreed to the rules/terms and confirmed an agreed upon price for payment. Failure to comply could result in a refund and the potential cancellation of your commission.

     

    -If the agreed-upon payment is not made in a timely manner (48 hours unless discussed otherwise) after confirmation, the commission will be considered automatically cancelled. Please do contact me if there are any delays or issues preventing the initial payment. I understand that times are difficult and sometimes life can get in the way - but if I'm not aware of this I will assume that you are no longer interested in my services! In most cases I would be happy to revisit and commence the commission with you at a later date once you're ready. Repeated counts of failing to pay the initial payment after you have signed the terms and conditions form & agreed to pay is highly likely to result in blacklisting. The same applies for failure to pay the remaining balance in half and half payment cases.

    - Your commission slot is only confirmed once you have signed the terms and conditions and receive a confirmation reply from me after discussing all of the details. I will not start the commission until the agreed upon full or initial payment is received.


    - Any emails, private messages, and comments that you send me must be in English. I will absolutely do my best to ensure I understand what you’re hoping for, but any miscommunication due to mistranslation or limited/unclear explanation is the fault and responsibility of the client.


    - Nothing is ever intended by either me or the Client, to be physically shipped. I currently only create digital commissions as a standard and do not ship or print these pieces. This may change in the future. If you do specifically require the original traditional piece or a printed digital piece, then I am more than happy to discuss the details of this but please note that all printing and shipping costs will be the sole responsibility of the client and not myself, and these costs will not be included within the quoted commission price.

    -Please see both the commercial and personal use terms within the larger terms of service below, along with the copyright agreement. I retain the full copyright of all pieces produced by me, and every commission will fall under the personal use category and abide by these terms unless stated and contractually agreed upon with me otherwise.

     

    NDA - PRIVACY REQUEST

    -If you wish for your commission request to be private (Eg. It’s very personal, sensitive, a gift, applied commercial usage that needs to be kept private before the debut ect.) it must be communicated to me during the ordering process. This request will likely be honoured by me, but it is to be considered on a case-by-case basis depending on context. I will confirm with you before beginning if this is something I can do. Please do discuss it with me and I will do my best to make you feel comfortable!

     

    REVISIONS AND CHANGES

    ·        If you request major or time-consuming changes during the process, multiple revisions, or need to change the original agreed upon parameters of the commission process, I reserve the right to charge an additional fee to compensate for this. I will, however, make you aware of this, and you will be free to choose whether to continue with the changes or not.

     

    ·        After the order is completed, minor changes such as colour adjustments are allowed, or if the missing or inaccurate elements are my faults (e.g., I overlooked details originally provided in the order). Additionally if I deem any requested changes by the client to be minor and small fixes I may waiver any additional fee if I deem fit.

     

    ·        I will not redraw a completed commission unless payment is received for a second order.

     

    ·        Additionally, I am human, and if you wish to make changes to something that you clearly and reasonably communicated with me about beforehand that I have unfortunately missed, then this will fall under my error, and I will, of course, fix this for you for no additional fee!

     

    REFUND POLICY

    ·        If you request a refund from me, and I have not yet started working on the sketch, I will refund you 100% of the payment.

     

    ·        If you request a refund once I have started the sketch, I may refund up to 80% of the initial payment. This is on a case by case basis at my discretion. However, If I have moved past the sketching stage, unfortunately, there will be no refunds from this moment onwards.

     

    ·        If I, the artist, choose to cancel a project or commission, I will refund you 100% of the amount paid.

     

    ·        If we agree on a payment plan and I start the commission after the first deposit has been received, I will not refund your said deposit if you then back out of the Payment Plan.

     

    CHARGEBACK

    ·        If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.

    ·       
    You are required to contact me as soon as possible if you need to cancel a commission request. Please understand and consider under the terms above that the longer you leave it, the less likely you will be to receive a full or partial refund.

    ·       
    You are not authorized to issue a chargeback for any reason. Purposefully issuing a chargeback without directly contacting me to cancel/refund a project will result in a dispute along with an immediate blacklisting for you, your email address, and anyone sharing your PayPal account - including side accounts. Please just contact me if you have any issues!

     

    QUEUE / SCHEDULING / WORK SPEED / DEADLINES

    ·        Estimated project start dates can be given upon request but cannot be fully guaranteed.

     

    ·        I will try to respond to your initial order inquiry as soon as possible. If it is a particular time-sensitive inquiry and you need a more urgent response from me, then please send a separate email (in addition to the commission form) to me with your name and in the subject line please write TIME-SENSITIVE.

     

    ·        You reserve the right to set a deadline for your commission. This deadline must be disclosed and agreed upon prior to commencement and payment, and I will let you know during our initial chats if this is something I can realistically offer at that time.

     

    ·        Additionally, whilst I will always do my best to accommodate you and work around your needs, I have the right to decline a project if I feel there is too short of a time allowance for me to complete it in.

     

    ·        If specific time-sensitive due dates are discussed, it is also the client’s responsibility to ensure prompt communication and responses during this time. I will not be held responsible for late delivery if this communication is not upheld by the client.

     

    ·        Some commissions will take longer than others dependant on the complexity, size, or nature of the piece. Additionally, I am often working on multiple projects at a time alongside personal commitments. As a result, an estimated time will be provided for you at the same time as the price quote but this may be subject to change.

     

    ·        Whilst I will do my utmost to adhere to the estimated timeframe and complete your commission in a timely manner, there may be times when this is not possible, and I reserve the right to extend this time if I deem it necessary. You reserve the right to be notified of any delays and this will of course be fully communicated with you as soon as possible.

     

    ·        If delays have been communicated, No aggression or harassment over my working speed will be tolerated, regardless of the time that has passed. In order to ensure the best quality and time given to your piece, additional time may need to be added to the timeline, you will be alerted to this.

     

    ·        Due to variation of difficulty and time necessary for different requests, slots may not be completed in chronological order.

     

    ·        Any file you paid for will be available from me for a finite time only. I take measures to preserve most files for up to 3 months. However, I cannot guarantee against computer failure or accidental deletion or loss. I have the right to delete or remove any public project, even if you paid for it - as you will have been provided with your own copy for personal use, and it is your responsibility to store or save this upon delivery.

     

  • - TERMS OF SERVICE -


    Last Updated: 29.05.2024
    Subject to Change Without Notice.

    ARTIST AGREEMENT

    1)   By commissioning me, you are purchasing my service as an artist only.

     

    2)   I reserve the right to post the finished artwork in my portfolio and social media sites for any reason, unless we have previously discussed and agreed upon otherwise.

     

    3)   I reserve the right to sign and/or watermark my own work if I see fit. On completion, my signature will remain on both the full-resolution and smaller versions of the Artwork. This may not apply to tattoo designs or specific commercial pieces but it will be at my discretion.

     

    4)   I reserve the right to decline any project, commission, or client for any reason, and I also reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason. Whilst I will often likely explain the circumstances as to why, I as the artist do not have to provide you with a reason.

     

    5)   I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon. I reserve the right to use the art in any way I choose (eg. post it to other online sites such as Instagram) but for example, in cases of character creation, redevelopment of pre-exisiting designs I will give proper credit to you for ownership of the pre-developed design.

     

    6)   In the case of a commission, I will not claim the rights to an original character design unless it was one of my own designs. (For example, if you want me to redevelop a character design of yours that has pre-exisiting imagery Therefore I will not reuse/resell the Artwork for personal or commercial projects unless otherwise agreed upon. This applies to other designs (Such as your own logos etc.)

     

     

    7)   In cases where an agreed upon transfer of copyright contract is signed by both parties (Myself and the Client), I will not reuse/resell the rights to the design once ownership is transferred to you, the Client. (For more information on this see the Commercial Usage Agreement below)

     

    CLIENT AGREEMENT


    1) You, the Client, may display my work on external sites as long as it is visibly credited or linked back to me. You may not upload or host my work in any gallery that is intended to display your own work only. Additionally, you may not claim or imply that my work is your own.

     
    2) You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, personal website/profile displays, gifts, tattoos, social media posts, etc. You also reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your personal use only (ie. not for sale).


    3) You may not use the Artwork for redistribution or external projects - commercially (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed and agreed upon.


    4) You are not authorized to change or modify my works without my permission. You are also not authorized to trace over my Artwork in any way, including the use of the artwork as a “base.”


    5) Any harassment, hostility or aggressive communication toward me will not be tolerated. This includes inappropriately worded comments on any of my social platforms, as well as private messages or emails. I reserve the right to decline the commission, fully refund before starting the piece, or place anyone on a blacklist over harassment.


    6) Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.

     

    COMMERCIAL USAGE

    1)   The following cases are examples of what is considered commercial use: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted my artwork, (eg. Patreon, YouTube, Twitch, a personal site, business cards etc), Reproducing and gaining profit from a product or project that the artwork is used on or within, etc.

     

    2)   If you, the Client, wish to order a commission for commercial use and/or distribution, this will require you, the client, to agree to a usage licensing agreement which will allow you to use the commissioned piece for a defined limited use. This license will allow you to use the piece for one or more specified purposes as outlined within the agreement, indefinitely or for a definitive amount of time. This licensing agreement will also define whether attribution/credit is or isn’t required upon usage of the piece.

     

    3)   Additionally, in some commercial cases, this licensing agreement may include an additional one-time fee on top of the commission price or be contractually subject to royalty payments. In both cases, this will be discussed, negotiated, and outlined in depth with you before either party has signed the licensing agreement.

     

    4)   You will be free to use the artwork for all or any of the uses outlined within the written licensing agreement. However, I will retain the full legal copyright of the piece unless I have signed a separate written copyright transfer agreement.

     

    5)   If this is something you wish to obtain from me please do let me know so that we can discuss this further, and please also be aware that this may also incur an additional fee separate from the price of the commission. Additionally, as a standard, I usually request that after the transfer, I still maintain the right to use the piece within my portfolio and via website/social media platforms for my personal use. However, I am more than happy to postpone sharing the process or images until a specific date if required by you.

     

    6)   The licensing agreement or transfer of rights will be at my own discretion and will not be active until it is signed by both parties (myself and the client).

     

    7)    If applicable in commercial cases, an NDA fee will usually starts at +5% of the total quote, but it might differ. The bigger the project, the bigger the fee. The terms of an NDA will be discussed and agreed upon prior to the start of the commission.

     

    DISCLAIMER

    • By purchasing my services (art), you automatically agree to all of the listed conditions, as well as my rules which are freely available to revisit at any time and can be discussed again with you if needed.

    • Clients are not permitted under any circumstances to use any part of commissioned work from Kye Boot / IllustrationKB such as images, goods, and copies of goods in any block-chain related technology, including non-fungible tokens (NFT), cryptocurrency, or future inventions in the space. Using any commissioned work is also strictly prohibited from use in any advertising or profits associated with block-chain related technology including non-fungible tokens (NFT), cryptocurrency, or future inventions in the space.

    • Any aspect of work produced by Kye Boot / IllustrationKB may not be used to train, validate, or test any neural network or artificial intelligence. I do not consent to this in any capacity, and in doing so is in violation of terms against alteration and external non-private use of assets created for patrons.

    Please read these terms entirely and carefully. I will not accept your commission if you do not agree to these terms. If you breach any of these conditions you will be permanently blacklisted, and potentially subject to legal action.

    By placing an order with me, you automatically agree you have understood and will adhere to these terms and conditions.

  • Great, now that's the boring part over and done with, shall we get started? :)

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