Terms Of Service
Last Updated: 20-11-2024
Read my Terms before messaging me about commissions!
Commissions are not first come-first served! They are based on communication, payment and complexity.
Commission Status: Closed
Email Me: Hayleestevensart@gmail.com
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These terms cover how The Artist: (Haylee Stevens) operates their business and how it interacts with The Client: (Yourself); by commissioning Haylee Stevens you are accepting these terms as you would a contract.
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NOTE:
All prices are specified as American dollars ($USD).
It is the Client's responsibility to ensure that they have converted currencies based on current exchange rates.
General
- Full Payment Upfront Unless Otherwise Discussed. Invoiced in USD.
- Active Turnaround: Within 4-6 Weeks.
- Waitlist Turnaround: Within or Up to 90 Business Days.
- Prices and Options may slightly fluctuate over time.
- Personal / Non-Commercial Use. Please credit Haylee Stevens.
- Clients may Print, Crop, Rotate, or Resize the piece.
- NSFW Is to be tasteful and is subject to rejection if the topic makes The Artist uncomfortable.
- No Political or Hate mongering. Commissions that are ill-nature or political will be deemed unacceptable by the Artist and turned away.
- NO NFT, Crypto, AI, Modification, or Redistribution.
- DO NOT Trace, Reference, or Claim my Artwork as your own.
- Commissioner understands that work will not start until a payment/deposit is made.
- The Artist reserves the right to halt or withhold the final work until the balance owing is received.
Those who violate this T.O.S will be blacklisted & blocked.
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Preferences/Strengths
- Animals
- Anthropomorphic
- Candy gore
- Fantasy
- Gore
- Humanoids
- Nature
- Mature content (NSFW)
- Vehicles
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Not Preferred/Weaknesses
- Armour
- Backgrounds
- Heavy weapons
- Hard surface objects with lots of detail
- Reptiles
- Robots/ Mecha's
- Wings
COMMISSIONS
- Inappropriate / Incomplete Order Forms will be Ignored.
- Artistic Freedom will be used for Commission Composition.
- Appearance may slightly vary between each Commission.
- Characters will be drawn and interpreted in the Artist's Style.
- Characters will retain key traits and features that define them.
- Characters will not be misrepresented or unrecognizable.
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WORK IN PROGRESS (WIP STAGES)
- WIPs are Unavailable for ♥ Ko-Fi, Sketch, & Artist's Choice.
- ♥ Ko-Fi Commissions contain their own T.O.S & Information.
- Sketch & Artist's Choice include Speedpaints to show the process.
- WIPs provided for Simple, Illustration, Stickers, Ref Sheets, Badges, Alerts, Panels, Video Thumbnails, Logo Designs, PNG Tubers, Vtubers & Backgrounds.
- Two (2) WIP Stages will be delivered for the Commission.
- WIP Stage Type varies depending on Commission Type.
- WIP Stage delivered within or up to ~45 Business Days.
- Clients may Describe or Illustrate desired Edit Requests.
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EDIT REQUESTS (EDITS & CHANGES)
- Yes: Small Adjustments to the Piece & Character Corrections.
- No: Drastic or Plentiful Changes to the overall Composition.
- Client may Request Edits upon WIP Stages & the Final Piece.
- Character Corrections are always permitted on any Commission.
- Character Corrections must have details visible on Reference.
- Due to the creation process, Final Piece Edit Requests are limited.
- Any Edit Requests (WIP or Final) are up to Artist's Discretion.
- Edit Requests must be made within ~72hrs of WIPs & Final.
- If no Requests are made, the Artist will continue without them.
Responsibilities & Termination Terms:
The Client acknowledges that they are responsible for performing the following in a reasonable and timely manner.
Coordination of any decision-making, if there are outside parties other than The Artist.
Supplying of Client Content, (logos, artwork, etc.) in a form suitable for reproduction or incorporation into the work without further preparation, unless otherwise expressly mentioned or received through email.
The Client must be honest to what the project and its assets will be used for including any means to distribute for monetary gains.
Final proofreading. In the event that The Client has approved the work but errors, for example; typographic errors or misspellings, remain in the final works, The Client shall incur the cost of correcting such errors.
Payment(s):
Work will not start until a payment is received. Payment(s) will be processed through an invoice The Artist sends via Stripe; or receives an E-transfer or Cash App. Please do not send an E-transfer or Cash App, until you have discussed this option with The Artist and the invoice
itself reaches your inbox.
I currently only accept Cash App for adopt's. (Adoptable Characters can only be obtained through a toy.house account.)
I do not take payment through Venmo.
Upon payment in full of all fees, Artist shall grant Client unlimited rights for all approved designs and shall transfer ownership of high resolution scans of the illustrations, design mechanical, and reproduction specifications to Client.
Payment(s) can be made by:
Paying In Full:
Everything upfront with no additional payment, unless you need alterations (This option is required for anything Under $200.)
Half Now, Half Later:
50% Deposit + Balance Owing at the half-way point (This option is for anything Over $200, and must be requested by The Client.)
Payment Plan:
This option is only offered to returning clients, or to clients that are
making purchases larger than 600$. (Must be requested by The Client.)
Late Delivery:
ALL attempts will be made to complete the artwork by the original due date.
In the case of unforeseen circumstances, The Client will be notified of any delays within 72 hours, or as soon as a delay is caused. The Client will be reimbursed (or discounted) 20% if the delay pushes back the original due date by 30 business days or more, and will be reimbursed IN FULL if the project is not completed within 60 business days of the originally promised due date. If the project is past the flats stage, The Client will still receive the artwork in addition to the discount.
This disclaimer only exists for extreme circumstances, artwork is nearly always delivered on time.
Reference Photos:
Quality reference photos matter and make a huge difference in the end product
of portraits. It also helps to have multiple reference photos for the best capture. The Client confirms that reference photos are of the best quality available, well lit and without significant obstruction such as graininess or blurred images. If the supplied photos do not meet these qualifications, then The Client will be notified and understands that it may heavily impact the success of the artwork as far as recognizability and realism.
Client Supplied Assets:
The Client confirms that any Client Supplied Assets are their own and that they have full rights to use said assets. All assets created from a past project by Haylee Stevens for The Client will receive discounted prices between 5% and 10%. Including but not limited to: logos, illustrations, overlay frames, and other assets.
Revisions:
Satisfying The Client is of utmost importance but there ARE limits to what will be altered at the request of The Client.
The Artist will only make revisions that are within the confines of existing style and that do not clash with the mission or vision of the
artist. This is for the intent of staying committed to business purpose and brand.
Each round of revisions must be communicated in a timely manner and with
detail or additional reference photos. The Artist has the right to inform the client when they feel there have been too many alterations requested.
For example:
During the Sketch/Lineart Revision step: changing a character's arm and hand position, along with the character's hair length is a reasonable revision request. However, if during the same revision or after this revision was made; (without first requesting an additional sketch phase) requesting to have the character go from a sitting pose to a pose that reflects the character playing tennis; is not permitted.
**Two rounds of revisions are offered free of charge. 1 During the sketch/mockup step and 1 during the final Rendering/Detail steps. Timing will depend on what works best for the type of commission chosen.**
The Client will be asked during the sketch/mock-up & rendering/Detail steps if they
would like anything changed. After that there is a flat rate of $25 per each round of revisions. Cooperation is appreciated as it helps avoid confusion. The Client will be notified of a new completion date at the
request of any revisions as this takes more time, and pushes other projects back.
Upon Completion:
The Artist will supply images of the completed work for approval. If The Client has not paid in full the images will be heavily watermarked.
These watermarks will not obstruct the view of the artwork so much that The Client will not be able to determine approval.
Delivery of Physical Art:
In person delivery is always preferred over shipping if possible. Anywhere outside of The Artists driving area will require shipping by mail. This can get pricey and may be upwards of $100+ depending on the size and weight of your canvas. If getting artwork shipped, please note that The Artist is not responsible for any possible damage during shipment. The Artist will pack artwork with the finest packing materials for fragile
work and label the package “Fragile” but it does not guarantee damage free delivery. Shipping Insurance can be purchased by the customer ahead of time.
Delivery of Digital Art:
Files will be uploaded to a WeTransfer or MASV Link and emailed to The Client. The link is available for 3 days after completion, so it is vital that The Client downloads the files as soon as possible. If the Customer requires the files be sent again, The Artist will resend anything needed as soon as their schedule allows for it. Any illustrations created for Twitch Projects will be given a 'clean' copy with only the Artist's signature in the bottom corner (Reminder: Artist is entitled to use all illustrations & Graphics for self-promotion).
Right to Refusal/Refunds:
Both The Artist and The Client retain the right to refuse any work at any time. Refunds are always available if the piece has not been started. If you change your mind on the commission you are welcome to ask for a
refund however, if the commission has been started a percent will be deducted based on how much work has been done. Percent you will be refunded depending on stage and workflow if paid 100% upfront:
1) Sketch/Mock-up's: 80% | Main Focus Linework: 70% | Main Focus
Rendering: 50% | Background Linework: 30% | Background Rendering: 20% |
Detailing: No Refund
2) Sketch/Mock-up's: 80% | Linework: 60% | Flats: 40% | Rendering: 20% | Detailing: No Refund
Partial payments will be based on the full price of commission, not the portion already paid.
Digital Refunds:
It is not possible to request a refund after the commission has been completed. If a chargeback is made, The Client will be blacklisted and blocked, and the artwork will be repurposed, re-sold or re-used if possible as the ownership of the work will be revoked and reclaimed by The Artist.
Physical Refunds:
If the Client is unsatisfied with the Commission for an appropriate reason, they must contact the Artist within seven (7) days of receiving the final Commission. Disliking the Commission or change of mind are not considered for a refund; this is minimized by providing drafts and progress photos throughout the Commission process. The Client must state if they want a full refund or an alternative replacement. The Client will have thirty (30) days to send the [traditional] Commission back to the Artist, otherwise a refund will not be made. The Client must return the Commission in the original condition; in the original packaging with all documents, including the Commission Agreement and invoice.
Postage/shipping costs and expenses will be paid by the Client. The refund will be paid back in full to the Client at the discretion of The Artist once the Commission has been received and in the described
NFT/AI Requests:
Commissions that request creations of AI or Non-Fungible Tokens of any form will not be accepted. Commissions may not be uploaded into/use to train any sort of program, AI or otherwise.
Artists Rights & Copyright:
Client acknowledges that Artist is first and sole owner of all 'copyright' until works are paid for, and shall retain intellectual rights of all illustration(s) including after purchase of works, allowing Artist to place an accreditation on all illustration(s), usually in the form of a signature or small logo. Signature is not to be removed by The Client.
Artist keeps the right to showcase or display their (Artist’s) version of the Final Works for portfolio and/or advertisement purposes unless discussed otherwise via Email. The Artist does NOT have rights to sell, distribute, modify any Final Works to any other parties.
Artist reserves the right to withhold any and all grants of rights of intellectual property under the agreed upon responsibilities listed above.This automatically takes effect if any Payment Responsibilities are not met, such as; not receiving full agreed upon balance for the work, failure or refusal to pay outstanding fees from changes and revisions made to the work, and failure to communicate if said work was to be used for monetary gains.
Commercial Rights & Merchandise:
Clients must be honest to what the project and its assets will be used for including any means to distribution for monetary gains. Until there is written approval between Artist and Client, all Final Works created for the project shall be deemed personal pieces and restricted for resell.
Discovery of violating this agreement will result in a fine to the respective offender of this contract. Client will be added to Artist’s Black List. Refusing any future work with The Client.
Client Content:
Client Content, including pre-existing Trademarks (graphics or materials made
by another party for the Client), shall remain the sole property of Client or its respective suppliers, and Client or its suppliers shall be the sole owner of all trademarks, trade secrets, patents, Copyrights,
and other rights in connection therewith. Client hereby grants to Artist a nonexclusive, non transferable license to use, reproduce, modify, display and publish Client Content solely in connection with Artist’s performance of the Services and promotional uses of the Deliverables as authorized in this Agreement.
Sharing of Art:
Social media sharing and other public sharing of artwork are vital for marketing purposes of The Artist. This includes, but is not limited to, artwork potentially being displayed on The Artist’s social media pages, website, studio, brochures, web & print advertisements and business documents. The Client consents to completed work, as well as reference photos, being used for these purposes. If there are things that The Client does not consent to (like not allowing The Artist to post the work at all), this will result in a 20% Privacy Fee as it ultimately hurts the Artist’s ability to advertise.
The Artist is entitled to use all illustrations & graphics for self-promotion purposes or to enter into any contest, unless prior written agreement to reserve this right.
The Artist agrees to place a hold on the sharing of artwork if necessary for the plans of The Client (such as birthday gifts, anniversary gifts, usage for an event, etc).
In these cases The Client MUST give an event day to The Artist, otherwise the work will be posted on The Artists usual schedule.
The Client shall not use Artist's work(s) for any type of personal gains (i.e. grades, profit, promotion, views, follows, etc.) unless otherwise agreed upon in writing. Images used for any purpose outside the terms agreed upon must be with the express permission of The Artist and may include the payment of additional fees, unless otherwise agreed to in writing.
The Client agrees to give The Artist credit though clear and visible labeling, tagging or verbal acknowledgement. If sharing multiple times in one place, one initial credit is sufficient for remaining displays. (For example if The Client posts the artwork on Facebook multiple times, it is only necessary to tag The Artist once in the first instance). Remaining tags are appreciated however!
The Client may NOT claim any works created by The Artist as their own.
These Terms & Conditions will become active upon the action of requesting a commission or receiving an invoice from The Artist. The contract created through these methods will be cancelled if The Client fails to complete payment of the invoice within 30 days. The Client will also be blacklisted from future commissions.
Your Character Here” (YCH) & Adoptables
- The Client must have a valid form of payment. (Will only accept an invoice, Cash App or an interac e-transfer!)
- YCH's, Custom Designs and Adoptables will be announced through Discord and social media, and availability will be subject to the individual posts guidelines.
- Payment is expected in full, 24 hours after claiming or winning a bid. If The Client fails to provide information/payment in a timely manner the slot will be revoked and re-listed.
- Failure to pay or cancel in a timely manner can result in a future blacklisting.
- In the case of auctions where the winner fails to claim their piece in one way or another, the second highest bidder may be contacted for an opportunity to claim if it isn’t re-listed right away.
- The Client must have a valid form of payment. (Will only accept a requested invoice, Cash App or an interac e-transfer!)
- You are free to re-sell, trade or give away any Adoptables or Custom Designs (Not YCH's) within the community while following the terms of service, and are free to turn a profit.
Terminology
As used throughout this Terms and Conditions:
Agreement
means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule A, together with any other Supplements designated below, together with any exhibits, schedules or
attachments hereto.
Copyrights
means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copyright Law.
Final Works
means all creative content developed by Artist, or commissioned by The Artist, exclusively for the Project and incorporated in the final project, including, but not limited to, any and all visual elements, graphic design, illustration, photography, animation, motion design, audio-visual works, sounds, typographic treatments and text, modifications to Client Content, and Artist’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials.
Project
means the scope and purpose of Client’s identified usage of the work product as described in the Proposal.
YCH
means "Your Character Here". A type of commission that can be purchased that has a set background, outfit or other type of asset; that will be the same on each purchase of that YCH.
Adopt/Adoptable's
is a character The Artist has designed for personal or selling reasons and is choosing to sell or trade them.
Toy.House
is a website a lot of artist's use for adoptable's as it is a reliable site that helps track the creator and current owner of each character.
Services
means all services and the work product to be provided to Client by Artist as described and otherwise further defined in the Proposal.
Third Party Materials
means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
Trademarks
means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of Client.