Terms of Service

GENERAL

This Terms of Service constitutes a binding agreement between you, “the commissioner” or simply “you”, and tacocat, the “Artist”. By commissioning the Artist, you agree to be bound by these Terms of Service. The Artist will not be held liable for any damages that may result from your use of this service. You are free to ask for content the Artist has not drawn previously, but should expect the completed artwork to be within the Artist's established style range. Commissions are intended strictly for adults who are 18 years of age and older. At no time will any minor persons be eligible for the services listed below. The Artist reserves the right to decline requests at their discretion.

PAYMENTS

Payments are to be made through this platform. High complexity or asks not outlined by the request form may incur an additional charge at the discretion of the Artist. All payments must be made in full before work begins, unless a payment plan is specified. If no payment is received within 48 hours of the invoice, your commission slot may be voided.

REVISIONS

It is the responsibility of the commissioner to ensure that their desires are clearly stated on the commission form and in follow-up communication with the Artist. This is to include character references, pose references, and any additional information that will assist the Artist in completing the commission. Minimal changes, as defined by the Artist, are free of charge. More complex changes will incur additional redraw fees up to Artist discretion. If the Artist is found to have made an error with the character's design, which obviously goes against the reference provided, it will be corrected free of charge. Changes to finished commissions will always incur a charge that is at the discretion of the Artist.

DEADLINES AND DELIVERY

Depending on the service, a WIP (work in progress) image will be shared at the sketch/rough stage for the commissioner's approval. If major changes are requested at this stage, a revised WIP will be shared. If the commissioner does not approve a second pass to move forward without major changes, the commission will be declined and partially refunded. The Artist may have to prioritize life events at times. Major delays outside the scope of the proposal will be promptly communicated to the commissioner. All commissions will be delivered via VGen. It is the responsibility of the commissioner to save their completed files. Refunds will not be provided for files that are lost, damaged, or misplaced after they've been received. In general, commissions are open-ended and without a strict deadline, but are usually completed within 2 months. Deadlines must be communicated upfront for a rush order fee. Orders that utilize a payment plan will have longer deadlines, and will be completed following the timing of payments. The Artist will not complete the work until the project is paid 100%. The Artist will work on it bit by bit depending on the amount of the payment received. Generally, 1 hour of work can fall between $25-$45 per hour received.

USE

The Artist retains all commercial rights to non-commercial works they create which includes the right to redistribute, promote and profit, as well as any rights afforded by Copyright Law. This includes posting the finished artwork to Patreon or social media - unless the privacy fee is paid. Unless expressly permitted by the Artist, completed artwork is for noncommercial use only. You may not reproduce or distribute it under any circumstances. Posting to personal gallery sites, printing for personal use, and posting on social media with credit are allowed. Unless expressly permitted by the Artist, the commissioner is not permitted to alter or change the completed image upon delivery. Absolutely no alternation of the work is allowed via use of generative AI. Violation will result in a a blacklist from future commissions. The commissioner must contact the Artist first to inquire whether any desired changes might be made. Unless expressly permitted by the Artist, character sketches and lineart/inks can be edited and completed by the commissioner and the commissioner only. The commissioner is not allowed to pay another artist to complete sketches or lineart by the Artist. The Artist will pursue a fee worth 30% of the commission completed for the commissioner by the artist if the commissioner is found to be in violation of these terms.

INTELLECTUAL PROPERTY RIGHTS

By commissioning the Artist, you understand and agree that the work provided is not a “Work Made for Hire”, and the Artist retains copyright of the created work. Rights to to the characters depicted are retained by their owners, whether that is the commissioner, the Artist, or another party. No person or entity has the right to copy, trace, edit, sell, distribute, or remove the Artist's signature from commissioned work. Anyone found doing so will be subject to legal action; up to and including all damages, a 35% licensing fee, and attorney's fees.

REFUNDS

All refunds will be at the discretion of the Artist. Full refunds are only available to commissioners prior to the artist beginning work, or if the Artist decides that they will be unable to complete the commission in a timely manner. Partial refunds will only be issued if commissions are cancelled after work has begun. Refunds will not be issued if the commission is cancelled for any of the following reasons: a. No response from the commissioner for 14 days b. The commissioner is found to be harming the Artist’s business via social media or other public posts c. The commissioner is found to be commercially publishing other artist’s work d. The commissioner accepts a completed commission, but fails to report any errors within 48 hours. It is the responsibility of the commissioner to reach out to the Artist before filing a dispute. All disputes will be handled via email, and timely responses are guaranteed by both parties. If a commissioner is found to have issued a chargeback for any reason, they will be blacklisted from all future commissions.

COMMUNICATION

The Artist communicates about commissions via email, VGen, and Discord only. Timely communication by the commissioner is expected, as it impacts workflow and time dedicated to each commission. In the event that you fail to respond to communication over a period of 14 days, your commission will be void and your payment not refunded. All communication will be in written form, no voice calls. Interrupting the Artist during a livestream to ask for commission details or any other information about your transaction will not be tolerated. All business matters will be discussed privately via email, VGen or Discord. Any public communications, such as Twitter posts, FurAffinity Journals, etc., that are found to be harmful to the Artist or their business will result in immediate cancellation of your commission, a blacklist from future commissions, and your payment will not be refunded. After a completed commission is delivered, the commissioner has 48 hours to notify the Artist of any errors, so timely corrections can be made.