Commission
TOS
By commissioning me, you are agreeing to all of the ToS.
If these terms are broken, you will be privately blacklisted from commissioning me.Basic TOS
• I retain all the rights to my work, which include but are not limited to the right to reproduce, copy and/or use the image as a sample for sales or self-promotion.
• Commissioner can re-upload the image with credits given to me, the artist, in the form of a link to my Twitter.
• Payment should be converted at the correct exchange rate if the currency isn't in GBP.
• Payment through PayPal or Ko-Fi.
• Commission will begin once payment has been confirmed.
• Commercial fees will have a 20% added value. This does NOT include social media platforms
• Commercial use is considered profiting off of the artwork. (E.G. Merchandise)
• Nsfw content has a separate webpage from the normal commission site so please ask for it, but there are limits on what I will draw and proof of age is needed.
• Putting any stage of drawn artwork into AI generators is forbidden along with using artwork as NFTs.
• Refunds are given based on how much work is done. Read below for clarification. The same concept applies when I, the artist, cancel the commission.
• If you need a refund DO NOT charge back, I will send the money myself.
• I have the right to turn down your commission.
• You will receive sketches, refined sketches, line art and flat coloured art before the shading will start. Any major changes after the line art will require extra payment (Payment determined by the number of hours worked).
SECTION I. IMAGE COPYRIGHT1. I, the artist, retain full and exclusive rights to the original artwork. The client may not claim it as their own.2. Commissioner can re-upload the image with credits given to me, the artist, in the form of a link to my Twitter. As long as my watermark/signature remains intact and unaltered.3. Prohibited Actions
• Altering my artwork in any way without asking for permission beforehand, with the exception of cropping/resizing the image for an icon or other use.
• Use my artwork as references for your own, whether tracing or re-purposing parts of the image.
• Claiming the artwork as your own.
• Clients are not permitted, under any circumstances, to use their commissioned artwork for non fungible tokens. Use of the artwork for any advertising or profits associated with non fungible tokens or cryptocurrency is strictly prohibited. (Also referenced in section 4)
• Putting any stage of drawn artwork into AI generators.
SECTION II. PAYMENT INFORMATION1. Payment should be converted at the correct exchange rate if the currency isn't in GBP. Payment only through PayPal or Ko-Fi.2. Commission will begin once payment has been confirmed. There are no exceptions unless stated otherwise (Do not ask to pay after/later).3. Vtuber Model commissions follow a different policy
Payment can be made in up to 5 different payment instances and no more, 3 is the recommended amount but it is possible to go up to 5. I will only send the files once the last payment has been confirmed to be sent. IF any payments are refused once the work is done I retain rights to the model, if it is a personal design I will not re-sell it but will use it as an example.3. It is the commissioner's responsibility to tell me when the payment has been sent. The commission will NOT start until I, the artist, know the payment has been confirmed.4. Refund Policy
• If the commission is canceled (by me or the client) before work has started, then the client will receive a full refund.
• If the client cancels the commission during progress, the amount refunded will be on a case-by-case basis and up to the artist’s discretion. I do have a rough basis for refunds: Sketch: 90%, Line: 50%, Line and Flat Colour: 15%.
• No refunds will be given for completed or nearly completed commissions.
• I, the artist, reserve the right to cancel a commission at any time, for any reason, and without explanation.
• If I cancel the commission due to my inability to complete it at any state, a partial case-by-case refund will be given.
• If the client cancels the commission, the client has no rights over the assets sent by I, the artist. The assets (Sketches, line-arts, and any coloured work) must not be redistributed or reused in any way.
• Chargebacks will get you blacklisted from future commissions. If you need a refund on something we can discuss the refund price depending on how much work has been done. If you cause a chargeback, especially without cause or explanation I will be disputing the case.5. Commercial use. Commercial fees will have a 20% added value. This does NOT include social media platforms. It applies to any business. Commercial use is considered profiting off of the artwork.
If artwork is later decided to be made into profitable merchandise please refer back to me for a discussion of payment or an agreement.
SECTION III. CONTACT AND COMMUNICATION1. Discussion of commissions can be conducted via Email, Twitter, or Discord (@MikasaTheFox). The preferred method of communication is Twitter.
SECTION IV. WILL/WON'T DRAW1. Below is a general guideline for what I will or will not draw. Please keep my art style in mind when ordering; my forte is humanoid figures, such as humans and kemonomimi. Things outside my comfort zone might not be as high of quality as something I am used to doing.2. Disallowed Content
• Characters intended to be or appearing underage in any sexual or suggestive context.
• Mecha
• Any sort of hateful content, such as racism, transphobia, homophobia, and characters with Nazi/Soviet/etc. imagery or paraphernalia.
•Hardcore kinks/fetishes, if unsure please ask.3. Clients are not permitted, under any circumstances, to use their commissioned artwork for non fungible tokens. Use of the artwork for any advertising or profits associated with non fungible tokens or cryptocurrency is strictly prohibited.4. I have the right to turn down a commission for any unspecified reason.5. NSFW is allowed, there is a separate site for nsfw commission prices which I will send only after you prove you are over the age of 18 via identification (everything except date of birth must be covered) with 'AstrayArt' clearly shown within the image with identification written or printed.
'AstrayArt' being written digitally on the image of identification does not count.
If age has already been proven you do not need to show proof again.
SECTION V. WORKFLOW PROCESS1. I work best when given some artistic freedom to create an image based on the characters you provide. I am happy to match a scene or pose that you have in mind, but please expect some variation.2. Estimated date to completion. If there are any delays in the completion of a commission, I, the artist, will personally notify the customer.
• Completion of most commissions is generally estimated to take no more than roughly 3 to 4 weeks. If for any reason I cannot complete a commission within 120 days of the order, I will issue a full refund. (This only applies to illustrations)3. Works in Progress (WIPS). You will receive sketches, refined sketches, line art, and flat coloured art before the shading will start.4. Revisions and edits. If the commission type includes a sketch approval stage, any major changes or revisions must be made at this stage; this includes any significant changes to a character’s pose or body shape, or redrawing parts of the image.
• If the commissioner requests additional edits after the approved line art, a price for the edits will be discussed.
• If I, the artist, make any errors in the character design, accessories, or any other visual elements explicitly specified in the provided visual references, I will make these edits at no additional cost before the colouring stage.5. If you do not want me to post your commission online, you must tell me when you order.
This TOS may be subject to change at any time without notice. Changes will not be applied retroactively.
Last Updated: 21/09/2023