Commission Terms of Service

Last revision: 08 September 2023

Definitions

Commission – The form of service provided to the Client and produced by the Artist, per a Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and within Commission correspondence.
Artist – The individual or entity producing the Commission (“Kay” or “Naive Candy”)
Client – The individual or entity purchasing the Commission
Start of Work – The point in time by which the Client has approved the Artist to start working on the Commission, generally after payment is fulfilled. Typically this is the period after Client approval of a preliminary rough draft of the Commission.

Terms

The Client is at least eighteen (18) years of age or older, or has the expressed consent of a parent or legal guardian, prior to requesting the Commission.
The Artist has the right to refuse any Commission request, without needing to explain the reason.
The Artist reserves the right to stop work on a Commission, or cancel a Commission request, due to a variety of factors, such as but not limited to: poor communication, rude or inappropriate behavior, excessive haggling, or a breach of these Terms of Service. The Artist is not obligated to give their reason for stopping work or canceling a Commission.
The Artist will not create any depiction of hateful or bigoted imagery (such as but not limited to: racism, homophobia, or transphobia).
By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist still retains all rights to the Commission, which includes but is not limited to: distribution, reproduction, use of the Commission for Artist promotion, or as it applies to new Terms of Service agreed upon by both Artist and Client.
The Client must specify the content of their Commission to the best of their ability prior to Start of Work. A complex Commission may incur additional illustration fees, to be defined and agreed upon prior to Start of Work.
The Artist will typically utilize 72DPI for delivered Commissions, unless otherwise agreed upon. A larger DPI may incur additional illustration fees, to be defined and agreed upon prior to Start of Work.
If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon prior to Start of Work.
If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client for a maximum of 30 days. For permanent confidential Commissions, a privacy fee will be required.
If a Commission is declared as Personal Use Only, the Client may not distribute, reproduce, or otherwise profit from the Commission, beyond as discussed prior to Start of Work. Use of the Commission by the Client for, including but not limited to, self-promotion or merchandise is strictly prohibited if declared as Personal Use Only. A Commercial Use fee will apply otherwise.
The Client also may not edit, alter, or trace the Commission without the Artist’s expressed, written permission, or as agreed upon prior to Start of Work. Under no circumstances is the Artist’s signature to be removed from the Commission.
The Client may display the Commission in Profiles as long as the Artist is prominently credited (i.e., a direct link to the Artist’s website naivecandy.net or VGen Profile), under the condition the Client notifies the Artist, unless already defined prior to Start of Work.
Submission of the Commission to any kind of contest by the Client is strictly prohibited.
In the majority of situations, digital art Commissions will be provided to the Client in .PNG format. This does not include the Commission’s native files (e.g., .PSD, .TIF, etc.), unless agreed upon prior to Start of Work. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission). The Client is responsible for all shipment costs.
If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis.
The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a change process is agreed upon prior to Start of Work.
The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 19 will be applied as necessary.
Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.
The Artist has the right to pursue damages under United States Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.
Under no circumstances is any Commission allowed to be used for the training of AI systems and/or reprinted as a non-fungible token (“NFT”) by the Client. The Artist reserves the right to pursue damages under United States Copyright Law for violations to this term. Violations of Term 22 will additionally result in the Client being permanently blacklisted from business with the Artist, with no exceptions or appeals.

Payment

For Commissions done via VGen…

The Artist will only accept payment through VGen, as required by VGen Terms of Service. Attempts to circumvent this requirement will result in the Client being permanently blacklisted from future contact and reporting to the VGen administration.

For Commissions done outside of VGen…

The Artist requires all payment up front before Start of Work, unless otherwise agreed upon. All prices are expressed in U.S. Dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. The Artist’s preferred method of payment is via Stripe invoices but may also accept payment via PayPal invoices. Prior to Start of Work, an invoice will be sent to the email address provided by the Client. The Client is responsible for providing an accurate email address for which the invoice is to be sent.

Required Client Information (Outside of VGen)

Name – The Client must provide a name for their Commission request. Online handles or nicknames are permissible. This is for communication purposes only.
Email Address – The Client is encouraged to contact the Artist via email (contact@naivecandy.net) to query a Commission.

Closing Statement

These Terms of Service are subject to revision without prior notice. The Client must read and understand these Terms before entering into a Commission Agreement with the Artist. Once the Client enters into a Commission Agreement with the Artist, it is assumed the Client has agreed to all Terms of Service.