Chocolate's Artwork TOS

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

A summary of the most important terms are shown first,
the detailed list of terms beneath apply wherever appropriate.

These terms apply fully as shown on this page on the date a commission was ordered.
You can click on each of the terms below for further detail and clarification. These details always apply.
I reserve the right to amend these terms without notice.

Last Updated on 29/03/2020

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  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 charge extra in some cases.
  2. I am very methodical, and frequently juggle my commissioned work with subscriber-funded projects. I appreciate your patience, as it will ensure that I can provide you good quality work. You can keep track of your commission's progress and my current queue on my Commiss.io Workboard at any time.
  3. This way, you know that work has already started on your commission 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, within 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 for free depending on the level of detail you've purchased. Substantial alterations in later stages may incur additional charges. Alterations to fix errors deviating from the commission's written specification are free until the work receives final approval.
  6. I will occasionally upload vetted and approved commission progress work on my patronage site as an exclusive perk for patrons. You may opt out of this for any reason and at no additional cost, but please note that maintaining my site with regular updates directly supports my work.

    My finished commissions are always posted publicly, but can be kept private for an additional fee.
  7. I am more than happy to accommodate open-ended requests, but this is done entirely at the commissioner's risk. This applies fully to improv commission tiers.

    If you are lacking in ideas, I ask that you provide a theme and a subject at least wherever appropriate, and specify important information and details up-front to avoid disappointment. Alterations that are necessary due to missing information in the commission's written specification are subject to the same terms specified above.
  8. Depending on what you ordered, these are provided on request following the commission's completion. Wherever applicable, you can have each major version of the piece up to and including the final one.
  9. I am granted license to use characters or personal IPs that are included within the scope of the requested piece. The artwork itself is always copyrighted to me and is licensed to you for personal use. You may crop the artwork for profile images and repost it anywhere with attribution.
  10. 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.

This section provides the full list of terms, including additional information related to the summary above.
Unless otherwise explicitly stated, these terms apply in full to any and all of my artwork wherever relevant.

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Commission Ordering and Payment

  1. A minimum specification includes which product you want (as per my listings on commiss.io) and a description of what you want. You can be as generic or specific as you like, and will discuss anything that is missing or unclear. I will confirm when your commission is added 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. However, gaps in a commission's description grants me explicit creative license, entirely at the commissioner's risk. This applies fully to improv commission tiers.

    I will usually consult with you on any major decisions or details that are missing and required to complete the piece, wherever appropriate. For the most part though, gaps that need filling in will be left to my creative decision. In other words, make sure you provide references and give me any important details in writing wherever possible, as they may be left out or different to what you expect.
  3. Not every commission will meet its mark in the first try, which is why each one comes with a free allowance for edits and modifications included depending on the level of detail you have ordered, and how far along it is towards completion. Larger, more detailed commissions are afforded more edits at each stage of the project.

    Substantial modifications, or modifications at the later stages of the project 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 at any point prior to its final confirmation.
  4. Unless the commission type dictates otherwise and if the 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 via invoice, work will continue.
  5. When claiming a rush slot, the commission and fees must be paid for in full before work can begin.
  6. Tips are extremely appreciated though, as they help to bridge the gap a little bit.

 

Licensing, Rights and Ownership

  1. By submitting a commission request, you provide express authorisation for the use of any necessary copyrights to complete the project (e.g. including your own character or someone else's as a gift) as well as a warranty that you are able to do so. This does not grant me any rights beyond the use or depiction of the characters within the scope of the project or artwork being commissioned or requested.
  2. You are automatically granted license to make crops of your commissioned artwork for use as profile avatars and banners, and to repost it with attribution, but nothing more. You must have my express, written permission to modify or alter the piece in any considerable way, or reproduce or use any of my work for any sort of gain or profit.
  3. I will occasionally upload commission progress work on my site as an exclusive perk for certain tiers of patrons, but only what has first been seen and approved by the commissioner.

    You may opt out of this at your discretion, for any reason, and at no additional cost. Please note that having more content for my site lets me maintain it with regular updates, which directly supports my work and also allows me to take on commissions more regularly.
  4. All of my finished commissioned work is posted publicly on my galleries wherever possible; this is because sharing my art is the main and largely only way for me to promote it.

    Your commission may be kept private at an additional fee of 50% of its price prior to any discounts.
  5. This does not apply to any of the patron-exclusive content on my website, except after it has been posted on one of my public galleries. Attribution can be made with a link to any of my gallery pages, my main webpage, or directly to the image in any of my galleries. The latter two options are always preferred.

 

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 priority slot, the more precedence I will give it until eventually working on it exclusively.
  2. You may specifically request that your commission be excluded from streams, or only be worked on during streams at no extra charge. Note that either option will likely slow down production time.
  3. My Commiss.io Workboard shows an automatically updated summary of my current queue (listings are anonymized by default). 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. If my queue and listings are both empty, I am either preparing to take a new batch shortly or busy working on other projects.
  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, please understand that I juggle a variety of tasks other than commissions as my business is a solo operation. I do not take kindly to 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 an extra fee.
  5. With the exception of certain circumstances (e.g., paid-for rush jobs; projects held up by commissioners for too long), I always aim to finish all pending work prior to taking on new commissions.

    This means reopening my queue only when I have at most one commission left in queue, to ensure a steady stream of incoming work as long as I can manage it. I will contact commissioners who have pending, paid-for slots in case of any exceptions that arise.

 

Refunds, Refusals and Cancellations

  1. I may refuse any requests based on scope, complexity, subject matter or any other reason as I see fit. For legal reasons, I will not accept commissions that involve extreme violence, explicit rape, necrophilia and sexual content with underage characters of any kind or between humans and feral animals.
  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 the first sketch is completed, the commission may be cancelled freely and for any reason whatsoever by either party. If cancelled by the commissioner, any work done up to that point may be auctioned off or repurposed for any future projects with replacement characters wherever necessary.
  4. The fee for claiming a rush slot commission is nonrefundable, with the sole exception of cancellation on my behalf. A full or partial refund of the artwork's cost may still be issued as per the previous clauses.
  5. 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. Once the first sketch is completed, the 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.