Terms of Service

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General

By choosing to work with me, you (the client) agree to the terms outlined on this page. I reserve the right to turn down any commission inquiries without providing reason. I have the right to update these listed terms at any time, however, changes will not apply retroactively and won't influence orders started on older terms.

Payments

  • Payments are taken via Paypal Invoice and in USD.
  • For commissions under $100, I require payment in full, upfront. For all other commissions, I require 50% of the payment upfront, and the final payment upon delivery of finished project. 
  • All invoices are due within 5 business days from receiving them, unless agreed otherwise. Invoices for the first payment past the due date will be cancelled, also cancelling the commission associated to it. Clients will not receive delivery of the final project files until final payment Invoice is paid. 
  • A full refund may be requested if I haven't started your project. I offer partial refunds once a project is started, however, the % of refund is at my discretion and based on how much time has already been put into the project.

Deadlines, Turnaround & Transparency

Deadlines are taken seriously. If you don't have a deadline in mind for your project, we'll discuss one. Some projects will require more lead time than others. My monthly queue will be accessible to your viewing via my Trello.

Revisions & Changes

Most projects have a Work-In-Progress stage in which the client will be asked to approve a sketch/concept before moving forward. This is the only time you may ask for a single (1) significant pose, layout or composition change included in the cost of your commission. This applies for both custom design & illustration type commissions. Additional significant changes will incur a fee. Any significant changes made beyond the sketch/concept stage will also incur a fee. These fees reflect the extra time needed to make the corrections and reimburse me for overtime on the production queue. Because minor adjustments can be all a final piece needs, I will allow (1) Free minor change. What qualifies significant and the cost of the fee is at my discretion. Below are some examples.

Examples of A Significant Change:

  • Changing face expression of a character
  • Re-positioning a limb
  • Changing the layout of a design
  • Changing the color of clothing
  • Add a new element such as a prop

Examples of Minor Changes: (1) Free Included.

  • Adjust eye color / Make-up
  • Adjust contrast/brightness

Requesting Additional Sizes

Requesting additional sizes for your commission (i.e. make twitter banner of my art commission please) may incur an additional fee if outside of what was agreed on at the time of first payment and will be tacked on to the final payment. 

Copyright & Usage

Non-Commercial Custom Illustration Commissions:

I (the artist) own and retain rights to publish the artwork (and all process works related to the project) in print and online unless otherwise specified at the time of agreement in writing. 

Commercial Custom Illustration Commissions:

Terms of usage is negotiated in the contract agreement.

Design Commissions:

Publishing rights for both non-commercial and commercial design projects are determined by intent of use. If you are commissioning me for a logo that you intend to print on merchandise, a licensing fee is factored into the quote. If you are commissioning me for web assets such as emojis or twitch overlay components, those will fall under personal usage and not incur a fee.

Personal Usage Rights

When you commission a custom piece of art, you will be granted personal usage rights. This means you may print and frame it to hang on your wall, use it as your desktop wallpaper, use it for social media avatars & use it for personal livestream/discord assets (if applicable). You may not mass produce, alter or use the artwork commercially.

Retweet/Reblog vs. Reposting 

I post all finished works in some form or other to my social media and portfolio unless agreed otherwise. It’s helpful to growing my audience if you retweet/reblog/share my post of your commissioned art rather than someone else re-posting it. 

Access to PSD + Print Ready Files

This is only available to commissioners who pledge to my patreon unless a design commission warrants it.

Credit

If you upload the artwork to your personal website, you are required to use the low-res, watermarked version provided to you, add the following credit line “© Year – Art by Quel’fabulous” and include a link to my website “mbrackett.art” when possible (within reason). The high resolution artwork provided to you is strictly for personal use and may not be shared or made available online.