Terms of Service
Last Updated: October 31, 2022
These Terms of Service must be read, understood and accepted by the party requesting a commission. Requesting a commissioned work will be considered acceptance of the entirety of the Terms of Service.
General Information
- Ninjashield5 (the Artist) will subsequently be referred to in these Terms of Service as “The Artist”.
- The Party requesting a commissioned work will be referred to subsequently in these Terms of Service as “The Customer”.
- The Artist retains the copyright to all works of art created.
- The Customer is purchasing only the digital representation of the artwork for the purposes of personal, non-profit use. Printed art will not be provided.
- Use of the artwork for commercial purposes is specifically prohibited.
- The Artist will send the Customer the full resolution picture (by email or private/direct message), but the Artist’s signature will remain on all images created by the Artist. Images are archived for a 12-month period from the date of completion of the commission. The Artist periodically purges the digital archives and will not guarantee that a commissioned image will be available after a 12-month period. The Customer is advised to save their commissioned image securely.
- The quoted prices are for standard drawings similar to examples shown. The Artist reserves the right to quote a higher price if very detailed artwork is requested. The commission will not be accepted by the Artist until the final quoted price is accepted by the Customer.
- The Artist reserves the right to reject a requested commission.
- Commissions are accepted in the style shown in examples. Commissions requested in a different style will not be accepted.
- Please note that if the provided reference of your character has a color palette specified, the Artist may modify the palette a bit to make it fit their style (if it is only a slight change).
- However, if the Customer wants the character reference style palette to be used strictly, please specify this on the order form in the Additional Information section.
- By purchasing any of the Artist’s services, the Customer is accepting the Artist’s Terms of Service and has agreed to be bound by them.
Copyright / Usage Policy
- The Artist retains the copyright to all artwork. No exceptions.
- Retaining the Copyright allows the Artist the option to use the images for marketing and promotion examples in any available media and platform.
- The Customer has the right to:
- Repost the art on other sites with proper credit to the Artist’s gallery/page (with no profit purposes).
- Print the art for the Customer’s personal use and not for sale.
- Use the artwork on their personal accounts and for non-profit, on their deviantART profile, Twitter avatar, etc.
- The Customer is specifically prohibited from:
- Changing, modifying, or using the copyrighted artwork without the Artist’s written permission.
- Reproducing the copyrighted artwork commercially (meaning making money off it in any way).
- Taking credit for the artwork as the creating artist.
- Removing the Artist’s signature from the artwork. Large watermarks are removed by the Artist upon completion of the commission. The signature will remain.
Character References
- The Customer must provide references on the Order Form to demonstrate what the character to be drawn looks like.
- Visual references are the primary and preferred form accepted.
- Written descriptions may incur a design fee of up to 50% of the commission's base price. Reasons for variation in the fee may include but are not limited to:
- Level of detail of the written description
- Increased need to communicate with the Customer for design clarification
- Combination of written description with partial visual references
Backgrounds
- The Customer has the default option of an image with a transparent background, an image with a white background, or an image with a simple background.
- All three options stated above are included for free in the price of every picture. Requesting a drawing with no background does not change the price of the artwork.
- A simple background is defined as a background made up of a single color, a box insert of a single color, or a two-color gradient.
- A detailed background can be discussed between the Artist and the Customer. There is, however, not a predetermined pricing for this, and the Artist is not required to accept the request of a detailed background.
Payment
- Only PayPal payment methods are accepted. If necessary, other forms of payment may be discussed between the Artist and the Customer, such as Venmo or Ko-fi.
- Full payment is required before the artwork is started.
- All prices are quoted in US Dollars. PayPal payments will only be accepted in USD.
- For PayPal payments, the Artist will send an invoice to the Customer for commission payment.
- The quoted commission price includes all PayPal fees.
- Payment must be received within 48 hours after sending the invoice.
- Commissions that have not been paid for within 48 hours will be considered voided and the commission will be removed from the assigned spot for artwork completion.
- Payment should not be sent until the Artist has confirmed that the commission can be accepted and the Artist sends payment details.
Ordering Artwork
- Complete this form.
- Please wait for a response from the Artist confirming whether your order is accepted or declined.
- Once a form has been accepted, the Artist will message the Customer and confirm the price. Once the price has been confirmed with the Customer, the Artist will send a PayPal invoice.
- After payment, the Artist will work on a preliminary sketch and send it for approval.
- Please give the Artist at least 48 hours to respond to your private/direct message or email regarding placed orders.
- If no response is made after 48 hours, feel free to re-send a second private/direct message or email.
General Time to Complete Artwork
- Typically, depending on the number of orders accepted prior to the commissioned artwork, completion times range from 7 – 42 days from the date the Artist begins working on the commission. The Customer can check the To-Do List for updates on works in progress.
- Additional time may be needed if the Customer has a slow response time to the Artist’s questions on any clarifications needed.
- The Customer will always be informed if there is a delay with the commission.
Amendments or Changes to the Scope of Work
- WIP (Work In Progress) sketches will be privately messaged to the Customer after the sketches are completed.
- Up to 2 alterations at this point can be made free of charge (a sketch will be provided after each change for approval).
- Each additional alteration/change may incur an additional fee.
- Once the commission artwork is completed, any changes to the agreed upon scope of work will incur an additional charge. This does not apply if the change is a mistake the artist made with the artwork.
- The Artist may, on a case by case basis, choose to waive this charge for minor adjustments.
Refunds
Refunds are offered on the following pro-rated scale:
- 100% - If the Commissioned artwork sketch has not been started.
- 50% - Once the artwork has reached the sketch stage, only a 50% refund is available.
- 0% - Due to the amount of time and resources already committed to the commission, once the artwork has reached the line-art stage, no refunds will be available.
Communication
- The Customer can always contact the Artist through the means listed on the Contact page for a WIP of their commission.
- Rude/disrespectful/abusive Customers will have their commission immediately canceled with a refund based on how much of the artwork was already completed (see the above REFUNDS policy).
- The Customer may request for the Artist to not post the completed artwork anywhere for a certain period of time (e.g. if it’s for a surprise gift), but it may be posted after the decided upon time. If this is desired, it must be stated in the order form.