Chocolate's Artwork TOS

Want me to draw you something? Great!
Here's what you need to know.

TL;DR first, more details to follow.

These are the most important things you need to consider when ordering art from me.
I reserve the right to change these terms whenever appropriate.

Last Updated on 15/10/2019

  1. While I can make exceptions under certain special circumstances, always assume these terms to be in effect. If you need any exemptions due to special circumstances, you must make them known ahead of time. There is no guarantee that I will grant an exemption, and may incur additional fees in some cases.
  2. I am very methodical, and frequently juggle my commissioned work with subscriber-funded projects. I appreciate your patience, which will ensure that I provide you with a consistently high-quality piece. You can also keep track of your commission's progress within my Trello queue at any time.
  3. This way, you know the work has started on the piece before parting with your hard-earned money. Once the sketch is sent for approval, the commission will be put on hold until feedback is received and payment is settled. At that point, the piece is given priority until it is finished.
  4. Once the initial sketch is finished and delivered, the commission will be held for up to 2 weeks, during which time payment should be settled. If a commission is held for longer than the grace period or cannot be paid for, the finished sketch can and will be reused for other commissioned projects.
  5. For each respective stage of production (inks, colours, etc) you may request changes depending on the level of detail you've purchased. Extensive alterations may incur additional charges. Errors that deviate from the commission's written specification are exempt.
  6. I am more than happy to accommodate open-ended requests, but I am not actually a mind reader in real life. If you are lacking in ideas, I ask that you provide a theme and a subject at least, and always specify important information up-front to avoid disappointment. Alterations that are made due to missing information in the commission's written specification are subject to the same terms specified above.
  7. Depending on what you ordered, these are provided on request following the commission's completion. Whenever possible, you can have each major version of the piece up to and including the final one.
  8. Even if and when delays happen, I will always endeavor to clear out my pending work queue before taking on any new commissioned projects other than paid-for rush jobs. Even in exceptional circumstances, I will consult with my commissioners before breaking this rule.

 

The longer version that nobody reads and says they did.

Unless otherwise explicitly stated, these terms apply to any and all of my artwork wherever relevant.

Commission Ordering and Payment

  1. A minimum specification includes which product you want (as per my pricelist) and a description of what you want. You can be as generic or specific as you like, and I will discuss anything that I am not sure of. I will confirm if and when I have received and added your commission to my queue.
  2. You are free to keep your commission specification as vague as you like, and I welcome commissioners to leave things up to me. I will usually consult with commissioners on major details that are missing, but for the most part, any smaller gaps of information that need filling in are usually left to my creative decision. In other words, make sure you provide references and give me any important details in writing, as they may be left out or different to what you expect.
  3. You can always ask for edits for your commission but your mileage will vary depending on the level of detail you have ordered, as well as how far along I am toward finishing your commission. Larger modifications to more finished, detailed work can incur extra costs that I will confirm with you ahead of time. Alterations needed to fix errors that deviate from the commission's written specification are not subject to additional charges.
  4. If the commissioned piece is of a higher detail level than a sketch, I will send it to you for vetting before proceeding. If it is a sequence or comic being paid for in full, I will provide a rough storyboard. I will also confirm the final price in case of any changes or details that were not taken into account. You can request further changes at this point, and after payment is settled, work will continue.
  5. Tips are extremely appreciated though, as they help to bridge the gap a little bit.

 

Workflow, Queues and Process

  1. I work best when switching between longer projects to keep myself motivated, and while some smaller projects may get finished before a more involved one, commissions in a higher priority slot will always be worked on more regularly than others. The longer a commission persists in a high slot, the higher its priority becomes until I eventually work on it exclusively.
  2. You can request that your commission be excluded from streams, or only be worked on during them. While they are free, both of these options will more than likely slow down production time.
  3. I keep my Trello queue updated to a high level of detail. Please consider the rest of the queue before getting in touch, but if there's a lack of news that you were expecting, feel free to contact me.
  4. I will endeavor to complete your commission as quickly as I can given my schedule and workload, especially after the first sketch is done and payment has been settled. However, I do not take kindly to incessant pestering regarding the progress of a commission and may cancel it outright in extreme cases. If you need a commission urgently, you can order a rush job for a fee.
  5. With some specific exceptions (e.g., paid-for rush jobs and projects held up by commissioners for far too long), I always aim to finish all pending commissions prior to taking on new work. I will contact waiting commissioners if there are any issues in this regard.

 

Licensing, Rights and Ownership

  1. I will always assume that you have reasonable permission to order a piece (e.g. including someone else's character as a gift). This does not grant me any extra rights to use or depict the characters beyond the piece/s of art commissioned or requested.
  2. I retain copyright to the artwork. You will need express permission from me to modify or alter the piece in any considerable way. You are granted license to repost it with attribution, as well as make crops for social media avatars. It is prohibited to reproduce or use any of my work for monetary gain without my express, written permission.
  3. Attribution can be made with a link to any of my gallery pages, my main webpage, or directly to the image in my gallery. The latter two options are always preferred.

 

Refunds, Refusals and Cancellations

  1. For legal reasons, I will only outright refuse commissions that involve sexual content with underage characters of any kind and between humans and feral animals. However, I can refuse any requests based on scope, complexity, subject matter or any other reason as I see fit.
  2. If considerable progress was made and the piece is at a satisfactory level of polish, then a partial refund will be issued based on the final level of detail and the commission delivered in its current state. Otherwise, a full refund will be issued, the first sketch delivered, and the commission closed.
  3. Before payment is made, the commission may be cancelled freely and for any reason whatsoever. Any work done up to that point will either be scrapped or reused for any future projects.
  4. If the client's financial situation has changed and payment is no longer possible, it is their responsibility to inform me of cancellation before payment is due. A commission may be held pending for up to 2 weeks until payment can be arranged. If a commission is held for longer or cannot be paid for, the finished sketch can and will be auctioned off or reused for another project.