Terms of Service



If you have a problem with any of these terms, they may be changed if discussed with me prior to paying for your commissioned work.By commissioning me for artwork, you are agreeing to the terms of service outlined below:

I. GENERAL TERMS

  • I reserve the right to refuse or cancel a commission at any time.

  • All drawings may or will include a signature that you are not permitted to remove.

  • Prices may be subject to change appropriately based on demand.

  • Commissions are first come first serve.

  • You must be 18 years of age or older to submit any order, and by commissioning any work you are agreeing that you are 18 or older.

II. PAYMENT AND FEES

  • Commissions must be paid upfront in full.

  • Payment is done through PayPal invoice using USD.

  • Don't send any payment until I have approved your commission and have specifically said to do so. I will send you a PayPal Invoice, and will only begin work once payment has been received.

  • It is the client’s responsibility to inform me when payment has been sent as there may arise issues with the transaction.

  • Additional fees may include:
    - Rush order fees if a shorter deadline is requested.
    - A Design fee for any clients who would like me to draw a character without references, and solely from a description.
    - Revision fees for later major revisions or extra additional minor revision (See section “V. REVISIONS” for more details).

  • Pricings will be dependent on the level of complexity for the commission.

III. CONTACT AND COMMUNICATION

  • By submitting a commission, you agree that you have carefully read through the ToS and Commission information.

  • Further discussion will be done via email or other discussed methods.

  • Client Obligations:
    - Write in a clear and concise manner when filling out the commission form.
    - Fill out all required fields in English.
    - Provide multiple (minimum 3) clear reference images of the character or subject.
    - Respond in a timely fashion.
    - Maintain professional conduct throughout the process.
    - Any missing information or descriptions you fail to provide may result in the inability to complete your commission to a satisfactory level.

  • Some terms may be able to be changed upon request. If you have any further questions, contact me immediately. Terms will not change after the commission price has been paid.

IV. PROCESS AND WORKFLOW

  • I will notify you when work has commenced on your commission and you, therefore, lose the rights to a refund (see section “VII. REFUNDS AND CANCELLATION” for further information pertaining to refunds).

  • The art files will be digital only, minimum resolution 3000 x 3000 px, aspect ration subject to change based on a case by case basis. Higher resolutions may be requested (up to 6000 x 6000 px) for an additional fee.

  • If applicable, I will send a sketch for approval before continuing work on the commission. One major revision may be requested at this time, along with any small revisions. Most major revisions will not be accepted after this point. If no response is received within 24 hours of the sketch being sent, you will forfeit the right to request any revisions for the sketch.

  • Work in progress files will be given throughout the process, the number dependent on the complexity of the commission. You may request minor revisions throughout (see section “V. REVISIONS” for further information pertaining to revisions.

  • All sketches and work in progress images will be low-resolution and watermarked.

  • I will provide you with an estimated completion time, times will vary based on the complexity of the commission. I will do my best to complete your commission within a timely manner, but please understand there may be things that arise which may cause delays in completing your commission. If there are any issues that come up, I will notify you as soon as possible.

V. REVISIONS

  • The following is covered in the commission price:
    - One major revision and set of minor changes, only during the sketch phase.
    - Up to 2 additional sets of minor revisions after the sketch has been approved.

  • Additional revisions will incur additional fees.

  • Any revision after the final drawing has been approved will also incur additional fees.

  • Additionally, variants can be requested with additional fees dependent on complexity.

  • What constitutes a major or minor revision, and how many revisions are allowed is up to my discretion. Fees for additional revisions will depend on their complexity.

  • Any revision due to any misunderstanding or errors from my side will not incur any additional fees.

VI. COPYRIGHT AND USAGE POLICY

  • I, OtakuOtaco (the artist), will retain the rights to any commissioned work, not the buyer.

  • I reserve the right to use the copyrighted artwork to promote myself with it, including posting it on social media and using it in publications such as art books.

  • I reserve the right to stream, record, and upload videos of the creation of the artwork.

  • Any characters portrayed in the commissioned work remain copyrighted to their rightful owners.

  • The commissioned artwork is for personal use only, unless agreed upon otherwise.

  • You may use or edit the commissioned piece in the following ways:
    - Print the artwork for personal use.
    - Post artwork on social media or forums, with clear credit to me.
    - Crop and/or resize the image for use as avatars, headers, or video thumbnails.
    - Artwork may be used in monetized videos on YouTube as long as the artwork itself is not the main subject for the earnings.
    - Claim ownership of any original characters portrayed, but not the artwork itself.

  • You may not use or edit the commissioned piece in the following ways:
    - Claim ownership of the commission artwork.
    - Remove any signatures or watermarks.
    - Alter the in ways not in the allowed uses above without explicit consent.
    - Using my artwork in any commercial way, including reproductions such as printing commercially.
    - Use the copyrighted artwork in anything pertaining to NFTs, cryptocurrencies, or AI databases/learning.

  • I reserve full rights to the image and its use/distribution unless otherwise agreed upon.

  • You may purchase the commercial rights at any time.

VII. REFUND AND CANCELLATION

  • The buyer is not allowed a refund once I have started work on the commission.

  • If for any reason I am unable to finish or discontinue your commission you will receive a full refund.

  • If you cancel your order before any work has begun, you may receive a full refund.

  • If I approve a refund, do not request a PayPal chargeback. I will transfer the money funds back to you.

  • If you request a Paypal chargeback at any point when you were not allowed to ask for a refund you will forfeit all aforementioned rights to the commissioned piece and I will have the full right to profit further from it in any way. You will be blacklisted for commissioning me.

  • If the buyer breaks any of the points stated above they will lose all the aforementioned rights to the commissioned artwork by me, OtakuOtaco (the artist), and I will have the right to profit further from the commissioned artwork in any way I see fit.

  • If you have any issue with any of these statements, they may be altered if discussed with me prior to paying for your commissioned artwork.

VIII. WHAT YOU RECIEVE.

  • You will receive the following after client approval at the applicable stages of the commission process.

  • Drafts and/or sketches that you must accept before I continue the work at each stage.

  • Full-resolution file sent as 300 DPI PNG of final artwork as long as any additional variants.

  • Other file formats and lower resolution versions files may be requested, some may incur additional fees.

Up to date as of: 1/11/2023


Thank you for expressing interest in my artwork. If you have any questions, please do not hesitate to ask.