The "Plain English" Terms of Service of Dlost

Last Updated : 11/13/16

Artist Statement

Firstly, thank you for your interest.

The arts are not only a passion of mine and a way of reaching out to the world, but also a way of supporting myself. That said, I am also not an "art machine." (IE : Insert money here) While I can and will work with specific guidelines, I'm happiest when given room to add my own touches. I also love a good challenge now and then. Growth comes from exploration.

That said I do have boundaries, limits, and standards.

I will always take forms for commissions and requests. However, by accepting these forms does not constitute a binding work contract.

By commissioning me and making payment, you declare that you have read the following terms and agree with them.

 

(applies to all commissions as of 3/11/15)

Process

My commission availability will be publicly posted at all times as well as any specials that I may be holding at the time. All commissions are reserved via open slots.

To reserve a slot, one must fill out the appropriate commission application in full. Doing so does not guarantee the reservation of said slot. Each image/project requires their own individual application form unless otherwise approved.

There are a limited amount of slots available each month. If an individual would like to purchase more slots than are publically available the “queue jump” fee may apply. Exceptions to this are in cases of special sales, Patreon pieces, or contracted work.

My primary means of contact will be email if possible. On reciept of the commission application, I will contact the sender via a dlostarts.com email address. Social networking sites or instant messengers will only be used in cases of longstanding commission history or failure of other channels.

I must approve your description before accepting the commission. The commissioner agrees to not make any major changes to their description once the initial payment/deposit has been made.

Where applicable, unless otherwise indicated, I will provide updates at the following stages for all commissions priced at 60 USD and above:

¤ Sketch/Thumbnail - 2 sketches are allowable at this stage for positioning, digits, poses, or proportions.

¤ Base color - Poses/expressions are final at this stage. Swatches are supplied if possible for natural media work. Loose fills are used for digital work.

¤ Finishing/Detailing - Image is nearly completed at this point. Minor changes may be made before final delivery.

Commissions priced below 60 USD may be completed without periodic updates and delivered in the completed state. Initial sketch may be provided at the discretion of the artist. Any revisions must be done while in stream and are limited to modifications of body type in the sketch phase or minor color edits. Discord members and Patreon subscribers will receive end-of-session revision versions.

Revisions due to information that was not supplied by the commissioner/buyer in the price quote or prior the and initial invoice payment will be subject to a 25% fee.

Content Restrictions

I will NOT draw the following for commissioned work :

- Sexualized minors/children/cubs

- Sexualized characters owned by minors

- Works that could be deemed acts of hate against a person/organization/orientation/religion/ethnicity

- Trademarked/Copyrighted/Rights Reserved characters without the permission of their owner(s)

Prices & Payment

Pricing is non-negotiable, however, the final product/project is.

I currently accept payment by credit card by way of SquareCash, Paypal and Alertpay/Payza. I also accept payment from available Paypal and Alertpay/Payza balances. E-checks are accepted in limited capacity and must be pre-approved. Physical checks must be pre-approved. Bank based, Western Union, and USPS money orders are accepted and also must be pre-approved. Cash is accepted in cases of in person transactions. If an in individual wishes to pay for purchase by post with cash, check, or money order, they must conceal it and send in an insured registered mail. In some cases, I also accept Amazon gift-cards with e-delivery as payment.

Unless otherwise noted, payment is expected as follows after initial quote.

For commission orders of :

¤ 05 - 25 USD : Due in full on receipt of quote

¤ 25 - 75 USD : Deposit of at least 75% total quote to secure commission to sketch or ink phase and watermarked/"defaced" preview if posted online.

¤ 75 - 150 USD : Deposit of at least 50% total quote to secure commission to sketch or ink phase and watermarked/"defaced" preview if posted online.

¤ 150 USD and up : Deposit of 25% - 33% to secure commission up through initial construction phase.

 

In all cases, payment in full required before completion and complete release of any artwork.

Revisions due to information that was not supplied by the commissioner/buyer before price quote and initial invoice payment will be subject to a 25% fee.

Shipping/Delivery

Unless otherwise indicated - all commissions are digital only. On completion, unless otherwise indicated or requested - images will be uploaded to my public dropbox for retrieval at full size. It will be the commissioner's responsibility to save the commission from there. Email notices and links may be provided.

Images in the dropbox will remain there for roughly one quarter before being moved to archival space. Archival storage may last for several weeks to a year depending on available space. At the end of the quarter, commissioners will be notified as to the move to storage by way of their supplied email addresses.

In the cases of physical copies of work - mail will be sent via USPS Priority Mail.

Refunds

If, at some point in the production process, the commissioner would like to cancel the contract, partial refunds may be available depending upon the degree of work that has been completed.

Edits in the sketch phase due to artist error are free of charge.

Edits in the color phase due to artist error will be addressed to the best of their ability free of charge. (Please note that the artist has color deficiency and sight impairment.)

Edits due to information that was not supplied by the commissioner before payment is subject to a 25% fee.

Information that the commissioner did not supply - and as such was not included - does not entitle them to a refund.

If the piece has reached a sketch/rough stage and is in a condition prior to inking and coloring, commissioner may receive a 30-75% refund of the purchase price.

Once the piece has reached a coloring or inking stage, the commissioner may receive a 10-25% refund depending on the nature of the piece.

If the piece has been fully completed, the commissioner is not entitled to a refund.

If a commissioner is determined by the artist to be difficult, confrontational, or otherwise unpleasant, I reserve the right to cancel the commission and issue a refund for the work which has not been completed based upon the above mentioned ranges.

Rights

All original art sold and commissioned is being done so with a limited personal use license and remains the intellectual property of the artist.

For the buyer, this allows for digital coloration of my linework for personal use only. Any and all posting should be done with proper credits. My signature/watermark should not be removed from the work if visible.

This license also allows for usage in personal avatars/icons.

Use of the art bought or commissioned in commercial venues (such as web logos, banner ads, inclusion in publicated collections, or other goods) must be discussed in advance. Any reproduction rights must first be purchased in these cases and royalties from sales will be expected. Commercial use is not allowed without written permission or established contract. Such permission will be sent by will be sent by registered mail and notarized or digital contract.

I will keep scans/copies of the completed work and its stages if I desire for my records.

I reserve the right to use any rejected concept sketches as bases for other pieces. Distinguishing features from characters in the rejected piece will be removed if applicable.

Any and all characters used will remain the property of their respective owners and will be credited as such. Credit will also be given for inspiration.

I reserve the right to refuse a commission proposal for any reason. I also reserve the right to terminate a commission at any time and supply a refund for the work that has not been completed.

YCH Policy

One off sketches, gesture drawings, and warm-up drawings may be purchased and converted into commissions in stream. Exceptions to this include pieces that are intended to be commissions or personal work for the artist.

YCH auction slots may be pre-purchased for 50% of the Buy Now price while the base is being constructed for multicharacter pieces. All pre-listing slots purchased will match the highest tier reached of the finished auction. If any existing other slots are not filled in or prior to auction - purchase funds will either be refunded or converted into an equal priced commission at the buyer’s discretion.  A secondary “duplicate version” of the prepurchase slot will be available only at 300% of the Buy Now price.

Winners of YCH auction slots are expected to pay within 48 hours of auction end or by the time and date posted on the auction listing - whichever is first. All winners have the option of paying more than their final bid either as gratuity or in an attempt to increase the tier of the final piece.

Adoptables Policy

All one off characters constructed during stream are available for adoption via negotiable fee. Characters used as rental-extras in commissions may have fee adjusted based upon the amount of usage or amount of prior rentals by the buyer.

The artist reserves the right to periodically monitor the “growth” and usage of adopted character. The artist may randomly offer free surprise drawings of the character if they are actively used.

All resale of adoptable characters must be precluded by informing me and via auction only. Resale of adoptable characters is prohibited in the first 6 months after initial purchase. In cases of wishing to sell the character before 6 months have passed - they may be returned to me for the initial purchase price.

Communication and Updates

In order to have a smooth commissioning experience - communication is necessary to the creative progress. In commissioning me, I, the artist, promise to keep communication timely and frequent as needed. You, agree to respond also in a timely manner if input is needed and to make me aware if there will be significant delays otherwise as soon as possible.

Questions or concerns regarding these policies can be addressed via email at :  commissions@dlostarts.com

My posted queue will have all projects in progress and as up to date a description of my work status to the best of my ability. I may work on several projects at once, however, unless otherwise indicated, will attempt to have a turnaround time of less than one month.

The public queue can be found at :

http://dlostarts.com/cxs/status.html

If you have made an approved payment and not been added to the queue within 24 hours, did not see your finished piece in the public dropbox when it has been marked as complete or at the end of quarter archiving, please do not hesitate to contact me.