KarmaBanshee

Terms of Service

Contracting services from KarmaBanshee (Artist) the commissioner (Client) agrees to the following Terms of Service:

I. General Terms

  • Please write in a clear and kind manner.
  • Provide artistic references.
  • Any ill behaviour will not be tolerated and your commission will be canceled if it occurs.
  • Failure to follow these outlines rules can result in the decline and/or cancellation of your commission.

II. Payment

  • One payment for the full commission amount is preferred.*
  • Canadian and USD currencies are the only accepted currencies.
  • Payments are accepted through PayPal.

*Alternate payment schedules (i.e., two equal payments) can be arranged, please speak with KarmaBanshee to discuss custom terms.

III. PROCESS

  • Work in Progress (WIP) updates will only be provided if the Client personally these updates as part of the commission process.
    • Artistmust agree to provide WIP updates
    • Multiple requests for WIP updates may incur an additional fee to account for additional for file rendering, upload and transfer
  • WIPs will be provided if the Artist if Artist requires clarification and/or has questions for the Client.

IV. Timeline

Commissions can take up to one (1) month to complete. Timelines for completion vary based on several factors:

  • Order – Commissions are completed on a first come, first served, basis
  • Complexity – Additional details will take more time to complete
  • Work – Artist also works to support herself
  • Health – Artist is a human being and can get sick from time to time
  • Unforeseen circumstances – Family emergency, death, moving, etc.

An estimated schedule will be provided at the time that the commission is contracted and agreed. If any issues arise (as described above) and the schedule needs to be modified, the Artist will advise the Client immediately and a new timeline will be provided.

V. CUSTOMER SATISFACTION

Artist wants you to be happy with your commission, and will work with Clients to ensure that the final piece reflects what Client wants created.

After a commission is completed only small requests for changes are permitted (small colouration edits, correcting small mistakes, simply background changes, etc.).

Requests for larger corrections are welcome, but will be quoted and additional fee for service will be requested in order to complete (outfit change, outfit addition / subtraction, additional pose, detailed background changes, etc.).

Reference, detailed directions, and WIPs are methods use to prevent additional costs when a commission is complete. Aim to be clear with commission requests during preliminary discussions.

VI. COPYRIGHT / USAGE POLICY

The Artist holds copyright to the produced artwork, not the commissioning Client.

The Artist may use the artwork in the following ways:

  • As promotional material on personal, external, and social media websites
  • Submit the Artwork for publishing in fanart booklets, Zines, etc.

The Client is permitted to:

  • Use the copyrighted artwork for personal use only unless otherwise agreed with the Artist
  • Print the art
  • Claim creation rights of their original character(s) but not the artwork itself
  • Use the artwork to promote themselves with proper credit given to the Artist

Copyright access to the artwork can be retracted by the Artist if the Client violates the above agreements.

Examples of copyright infringement include:

  • Reproducing and/or using the Artwork commercially without a commercial license / Artist’s permission
  • Taking credit for the creation of the artwork
  • Removing watermarks and/or signatures from the Artwork
  • Altering/editing the artwork without the Artist’s, consent and/or knowledge

VII. Commercial Licensing

Purchase of Commercial rights to the artwork will be 300% of original price (e.g., a $30 commission has a $90 commercial licensing fee).

Commercial right grant the Client permission to

  • Generate merchandise from the Artwork (t-shirts, buttons, stickers, etc.)
  • Use in books, covers, and alter as desired to use inline with a brand identity

Note: Credit is still required for usage of the artwork, even if altered or edited.

PRIVATE COMMISSIONS CARRY A 50% FEE

VI. CANCELLATION / REFUNDS

Artist reserves the right to cancel and refund the money for Client’s commission at any time. Artist cancellations are a rare occurrence

Client has the right to cancel a commission until payment is received by Artist. Once payment is received by Artist, commission is in the timeline, and Artist will begin working on the piece as soon as possible.

If payment has not yet been sent the Client has the right to cancel the commission.

Charge-back requests sent through PayPal will go through PayPal appeal, and the Artist will provide the agreed Terms to the PayPal Refund Department. Clients who receive an authorized Charge-back refund through PayPal will be barred from requesting future commissions, and forfeit any and all rights to the Artwork, and licensing.

Artist is willing to work with Clients to resolve disputes regarding the commissioned artwork, however it is the Client’s responsibility to review these Terms of Service and communicate with the Artist to ensure that artwork produced meets the client’s direction, request, and expectations.

Artist will file a PayPal dispute complaint against Clients who process Charge-Back requests without trying to resolve the issue with the Artist.