Danza’s Terms of Service
Last updated 04-03-24
As my client, you automatically agree to the following conditions upon commissioning me for artwork.
- Overview
By commissioning me, you automatically agree to allow me to repost and/or redistribute your commission (my art) as I see fit unless we have agreed otherwise beforehand. I retain all rights to my work. I post all commissioned works online publicly. I reserve the right to resell my commissioned artwork in the form of prints, digital downloads and merchandise generally.
The client may make prints of their commission for personal private use but may not profit from the artwork or make alterations or changes to the image not agreed upon beforehand. The client may not monetise their work in any format including NFTs and blockchain related alterations.
I only work with clients with a proven positive history of working with artists. Inquiries by empty/inactive accounts will be rejected. Clients need to be able to prove they have 12 months+ positive commissioning history via a gallery site with public posts such as FA/IB/E621 or Twitter [If their media feed is well organised and curated for displaying commissioned works] to have their commission request taken seriously.
In the event a client is commissioning me on behalf of a 3rd party such as a gift for a friend or partner I will require that person also to confirm that they are happy with me drawing their OC [Original Character].
With communication and updates – I will be communicating solely with the client who has paid me for the commission to reduce miscommunication and to ensure the communication process is with the person who is well aware of my ToS and my work process.
Commission price quotes are valid for 30 days. After this, they may be subject to change and may change if the client requests additions or aspects to the work that increase the time required to create the piece.
- Notes on Patreon Exclusivity
Regarding works posted by the client any “alt” versions created at no extra cost are to be kept by the client privately and not posted publicly. Clients are encouraged to post artwork I’ve created for them but the resolution of their post must not exceed 1270×1270 pixels [standard maximum resolution I post to my galleries].
Other alternate versions may be offered by myself to the client at no extra charge created for the client to refrain from posting online. This will be agreed upon before the alternate versions are created. The reason it is free to the client is it will be posted exclusively to Patreon so in essence is paid and supported by my Patrons.
In rare cases where the theme of the image would require alternate versions to be made for the scene to make sense, the client can pay for my time to create that version and post the public resolution of it [1270×1270 pixels max] to their gallery. This has to be agreed upon before the image is finished and the extra time paid for as it would no longer be a Patreon exclusive image.
- Posting Commissioned Art
The commissioner has the right to distribute the public versions of their image, however, any commissions intended for commercial use must be specified beforehand. Any artwork intended for commercial use may be subject to additional terms and conditions.
The client has the right to post the public resolution of the main version of their commissioned work [1270×1270] to any public gallery they wish. Any alternate versions are for their private collection and are not to be posted online.
When uploading artwork I have created you agree to credit me as the artist and to link to either my FA or Twitter.
When commissioning art involving other people’s characters, you must have consent from the owner of that character to be involved and to be drawn by myself.
I reserve the right to refuse commissions from anyone I choose for any reason.
I reserve the right to cancel a commission into its progress and refund the client’s payment partially or in full depending on how much progress I have made on the commission.
If a client becomes rude or abusive during the commission process I will cancel the commission, refund fully or partially their payment depending on work completed so far and end all business communication with said person in the future.
- Process
I update the client with a rough sketch for their approval regarding basic form/pose. I then add in character details and do the neat sketch. I then check with the client via update before lining or painting. Once lining and painting I do not accept change requests to the neat sketch/lined image. Any requests for changes to the sketch/construction when the image has been lined or coloured may either be rejected or subject to fees. I will update the client once base colours have been applied for their feedback. If it is difficult to get in touch with the client I may complete the commission without showing the base colours. I am however fully able to adjust individual colours to suit client preference even if the work has been completed.
Note to Changes: I do not class required commission changes/tweaks as my mistake if the client has given me incorrect references to work from and has not notified me of this beforehand. I work from what I am given and cannot be expected to make many revisions for free due to a client’s indecision or lack of supplied visual/textual character information. When given the sketch for review it is vital the client requests any and all fixes/tweaks at this stage. I do one round of changes/tweaks after the sketch has been completed and then continue to lining/colouring etc. If the client requests another round of changes this may be subject to fees. To avoid this, please use clear communication and supporting visual references where needed.
Regarding what you receive I will provide you with a high resolution PNG file. Additional cropped versions [IE avatars and close-ups] must be requested beforehand and will be done free of charge.
I only begin work on a commission once I have been paid in full.
In extreme cases of non-payment or abusive communication, I will be forced to report an uncooperative client to the artist beware community. I do not tolerate dishonesty or malicious intent.
In the event that an edit or change is required in any commission: I will make small adjustments after the initial sketch for free. Any specific errors I have made I always do with no surcharge such as missing character details or pose/anatomy errors. I reserve the right to charge a client for excessive changes or if they have changed their mind about what they want to be portrayed. Any surcharges are based entirely on the expected time required to fulfil any additional change requests beyond the scope of the fixes/adjustments in the sketch stage.
- Privacy and Confidentiality
You the client and I both agree that we will not share any private details exchanged as a result of you hiring me to any third parties. Private information in this context refers to:
- Any real names
- Addresses both physical and email/contacts/messenger/IMs
- Paypal information
- Bank details
- Any information that could be used to identify either of us that isn’t already publicly available.
After the commission is completed I delete all references and information pertaining to the commission in accordance with the ICO guide to data protection
- Payment Plans
I offer payment plans for previous clients of mine and new clients that have an exceptional history of working with artists. This is typically a minimum of 2 years of regular commissioning activity.
The minimum monthly payment I accept on a payment plan is £300.
As an example. If you paid £1100 for a commission:
Upon claiming the commission you’d be invoiced for the full amount and expected to pay no less than £300 within 48 hours of receiving the invoice.
The same date for the next 2 months you’d make a £300 payment towards the total. The 3rd month would be a final balancing payment of the remaining £200 completing your payment plan.
I only start on a commission when the commission has been paid for in full. A client is welcome to complete any/all remaining payments ahead of the payment schedule.
Late payments beyond a week incur a 10% charge.
For example: £300 payment made a week late would be subject to a £30 late payment fee.
In extreme circumstances, if a client has late payments beyond a month or needs to cancel the entire project:
They will be refunded the full amount they have paid so far minus 20% of the full project value. This covers admin time and transaction fees I had to pay to receive the funds.
As an example: If a client made £600 worth of payments on a £1000 commission, they would receive a refund of the total they have paid thus far minus £200.
I therefore ask clients that request a payment plan to seriously consider first their ability to make all payments on time to ensure the entire process runs smoothly for us both.