Sinflower | Artist | Developer of Queen’s descent

T.O.S.

Here’s a TLDR, if you are in doubt, feel free to mail me directly at

sinflower-dev@protonmail.com 😉

TLDR

  • Even if you don’t read all the ToS, they still apply when commissioning the Artist.
  • The Artist doesn’t accept minors as clients, minor looking characters or illegal commission request.
  • The Client can’t use the commission commercially unless agreed with the Artist and can’t in any case use it for NFT, AI and machine learning.
  • Refunds are proportionate to the amount of work the Artist dedicated to the commission.

TABLE OF CONTENTS

GENERAL

  • The Client is expected to read, understand and agree to all the ToS terms before entering into an agreement with the Artist. By commissioning the artist, the Client automatically accepts the ToS.
  • The Artist has the right to refuse any commission (in which case the payment will be refunded).
  • The Artists will accept commissions only from legal adults and takes no responsibility for minors using their parent’s credit card/digital banking.
  • Commissions are digital products unless specified otherwise.
  • The client and the artist both agree to keep any sensitive or personal information private before, during and after the service is concluded.
  • The terms outlined here apply to the site offerings (illustrations, pixel art, etc.).
    In the case of custom commissions that are not hereby listed (physical commissions, portraits, etc.), other terms may apply, in which case they would be agreed upon via direct messaging.

PAYMENT

  • Payment is expected in full for the Artist to start working on the commission.
  • Orders over €200 can be divided in multiple instalments.
  • Returning clients can ask for a split payment (50% upfront and 50% after the work is over) independently on the order’s cost.
  • Payments can be performed via PayPal or Kofi.
  • The currency must be adjusted to Euro € when performing the payment.
  • PayPal may request additional fees, depending on your country, this is beyond the Artist responsibility.

REFUNDS & CANCELLATION

  • Understand that for every refund, the payment of PayPal taxes and transactional fee fells on the Client.
  • Understand that the Artist reserves themselves to continue to work/use the piece for commercial use even if the work was cancelled/refused.
    This doesn’t apply if the piece was based on the Client appearance, OC or game character, in which case the work will be destroyed. (If in doubt, ask!)
  • If the client requests the cancellation before the Artist has started working on the piece, a full refund will be emitted
  • If the cancellation is requested during the Sketch phase, 70% of the original payment will be refunded.
  • If the cancellation is requested during the flats phase, 20% of the original payment will be refunded.
  • No refund can be requested for finished pieces.
  • A full or partial refund will be issued if the Artist cannot complete the piece, and the Client will receive the work that was done until that point.
  • In the occasion in which the Clients stops communicating with the Artist for a period longer than 2 months, no refunds will be granted.

PROCESS & SCHEDULING

  • After the Client have completed and sent the commission form, the Artist will create an invoice and send it to the Client specified email.
  • After paying the invoice, the client will receive updates on the WIP via mail and will be able to check the status in the “Commission status page” on this website.
  • There will be no communication during holidays, days off and emergencies.
  • Depending on the piece complexity and amount of current commissions, the expected time to complete a piece may vary.
  • Before the Artist starts their work on the piece, the Client can ask revisions for free, but needs to specify all the information in the same fashion as for the original request.
  • Critique and redlining are welcomed to assure that the piece will look as the Client desires.
  • After the Artist started working on the piece, the Client can request up to 3 revisions.
    Major or late changes will result in additional fees that are going to be discussed before committing.
  • Requested changes/revisions will result in additional waiting time.

CLIENT RESPONSIBILITIES

  • The client is responsible to provide clear information on the piece they desire. The Artist is not responsible for any mistake caused by the Client lack of communication or details.
  • The client is responsible to provide images and information of the subject to be drawn.
  • If the subject exists only as a description (ex. Dnd Character, Novel character, Client’s OC etc.) the Client needs to provide a precise description of the Character appearance and personality.
  • One paragraph is the minimum description, two pages (roughly seven thousand characters) are the accepted maximum.
  • The Client will be respectful and will avoid rude behaviour/communication (vulgar words are allowed, insults and sexual provocations are not) during every interaction with the Artist, breaking this rule will result in the work cancellation and no refund.

  • The Artist retains the copyright of their OCs and every work commissioned unless agreed previously in written and signed form with the Client.
  • The Artist reserves the right to post, publicise, resell, stream, record, copy, modify and all usability rights of the final work, unless agreed previously in written and signed form with the Client.
  • The Client retains the copyright of their OCs and Original work.
  • Commissions are to be considered for personal use only, unless otherwise agreed.
  • The Client needs to credit the Artist when sharing the work. Whenever applicable, a link to the Artist website or social media should be included too.
  • The Client cannot ask another artist to modify the commission without previously agreeing with the Original Artist of the piece and after paying a fee.
  • The Client can’t resell the commission to use it for merch or commercial use, and cannot claim to be the author.

COMMERCIAL USE

  • Commercial use for the commission has to be agreed between the Client and the Artist before the work on the commission is started.
  • Independent and small creators/devs can ask for a discount or a cancellation of this fee, but the Artist retains the right to refuse it on a case by case basis.
  • Studios, companies, agencies, AA activities cannot ask for discounts or cancellations.
  • Commercial use for games / services / digital shops will result in an additional fee corresponding of 100% of the original commission price.
  • Commercial use for merchandise (digital or physical) will result in an additional fee corresponding of the 400% of the original commission price, plus 1% on every sale.
  • If commercial use is granted, the Client can modify, post, record, upload, and present the commission as part of their commercial offer, but they still need to credit the Artist.
  • If extensive modification is made on the original commission, the Artist should be notified and may ask to be removed from the credits.
  • Despite commercial use being granted, the Client cannot use/include the commission in the creation of hate, discrimination, sexist or illegal products/services. 4

ANONYMOUS COMMISSION

  • If you desire the commission to stay private an additional 10% fee will be applied.
  • Anonymous commissions will not be shared by the Artist with anyone outside the Client while the Clients has the right to share it.
  • In the occasion of the Client sharing the work, credits must be accredited to the Artist.

DEADLINES / RUSH FEE

  • If the Client needs the commission before a certain Deadline, the information needs to be communicated during the initial commission phase.
  • Additional fees will apply for this kind of commission.

AI / MACHINE LEARNING / NFT / CRYPTO

The client can’t in any shape or form use the commission in relation with AI, machine learning, NFTs or cryptocurrencies exchanges. Legal steps will be taken otherwise and the removal of the Artist work plus a fee of 400% of the original price + €1000 will be requested.