terms of service for commissions

1.) General Terms

Prices are subject to change based on demand.

I have the right to reject any order for any reason.

NOTE: If payment has already been transferred but I determine that I can no longer continue the artwork, clients will receive a full refund.

2.) Payment

Currency accepted is CAD and can be paid through PayPal or e-transfer.

Commissions can be paid either 100% upfront or split 50% upfront and 50% after sketch approval.

NOTE: If you choose to pay 50% upfront and 50% after sketch approval, you will have a pre-determined amount of time to provide feedback on the sketch provided. We will determine this time together when we discuss your commission. If you transfer the second payment instalment but do not provide feedback within the pre-determined amount of time, I will assume you consent to the sketch and will move forward with the rest of the commission. If you do not transfer the second payment instalment, I will not continue with the commission.

Prospective clients agree to *NOT* send any payment before:

I have confirmed that I am able to create your requested artwork

AND

I have asked you to send me the appropriate payment.

3.) Process and Delivery

The timeline for completing commissions varies from 1 week to several months, depending on multiple factors, including but not limited to:

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my physical and mental health;
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the complexity of the commissioned piece;

other work, including but not limited to:

academic research and scholarship (I'm a PhD Student!)

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other commissions
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creative writing projects
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freelance contracts; and
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volunteer responsibilities; and
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printing and shipping requirements.
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If your commissioned artwork is digital, you will receive a full-resolution .JPG file (300 DPI, 3000x3000 pixels, 10x10 inches) via email on or before our agreed upon date of delivery.

If your commissioned artwork is traditional (i.e. a physical item, such as paper or canvas), you will receive our agreed upon item via Canada Post. I will do my best to mail your artwork soon enough to accommodate potential postage delays, respective to your location.

If you live within Canada, I will aim to mail your artwork 7 days before your requested date of delivery.

If you live in the United States, I will aim to mail your artwork 14 days before your requested date of delivery.

If you live outside of Canada and the United States, I will aim to mail your artwork 21 days before your requested date of delivery.

I only mail artwork to the address of the person commissioning the artwork. That is, if you are commissioning a piece of art as a gift, I will not mail it to the person to whom you are gifting the artwork.

4.) Revisions

If your artwork is digital...

... once I have completed your commissioned piece, you will have 7 days to request up to 3 minor changes, the completion of which is included in the price of the commission. The timeline for completing these minor changes depends on multiple factors and the nature of the changes requested, but I will always do my best to complete them in a timely manner.

If your artwork is traditional (i.e. a physical item such as paper or canvas)...

... once I have completed your commissioned piece, I will email you a photo of your commissioned artwork. From the time that you receive that email, you will have 7 days to request 1 minor change, the completion of which is included in the price of the commission. The timeline for completing this minor change depends on multiple factors and the nature of the change requested, but I will always do my best to complete the change in a timely manner.

If the changes you request are major, I will respond to your request informing you of that fact, quoting you a fee for the major change requested, and estimating a timeline for completion of that major change. If you consent to paying that fee as well as the identified timeline, I will begin working on the major change(s) you requested once you transfer the necessary funds (via PayPal or e-transfer).

5.) Copyright and Usage

I, ANGELA MAY (the Artist):

reserve the right to cancel and refund the order at any time for any reason;

retain all copyrights over the commissioned artwork;

will NOT claim the intellectual property (IP) of the commissioned artwork;

will NOT profit further from the commissioned artwork unless you (the Customer) break any of the terms; and

reserve the right to post the commissioned artwork online, on social media, in my portfolio, and in publications such as magazines and art books.

YOU (the Client):

may upload the commissioned artwork on any website and social channels;

retain the rights to the intellectual property (IP) of the commissioned artwork

may NOT profit from the commissioned artwork in any way (e.g. reselling, redistributing, uploading to POD-services, making or ordering prints, etc.)

may NOT use the commissioned artwork for commercial purposes; and

may NOT alter the commissioned artwork without my (the Artist's) consent.

The following is considered copyright infringement:

reproducing or using the copyrighted artwork commercially (i.e. making money off of the commissioned artwork);

claiming the commissioned artwork as your own; and

altering the commissioned artwork without my (the Artist’s) consent.

6.) Cancellation and Refund Policy

If the Client seeks a refund *after* I have started working on the commissioned artwork, a full refund is NOT guaranteed, but I WILL aim to offer you as much of a refund as possible. The main way that I will calculate a potential refund is hourly: the more hours I have already worked on your commissioned artwork, the less I will be able to refund you.

If the Client cancels their order and seeks a refund *before* I have started working on the commissioned artwork, a full refund IS guaranteed.

If I have confirmed to you that I will send you a refund, do not request a PayPal chargeback. I will transfer the money back to you myself.

If for any reason I am unable to start your commission, you will receive a full refund.

If you request a PayPal chargeback at any point (especially if I have not confirmed that you are entitled to a refund), you will lose all aforementioned rights to the commissioned artwork and I will have the full right to profit further from it in any way. I will decline the chargeback and, as evidence that I have completed work for you, I will supply PayPal with our conversations in which we discuss your commissioned artwork. Furthermore, I will decline any requested commissions from you in the future.