Terms of Service for Private Clients
These terms of service are for noncommercial projects only and are subject to change. For commercial work, please contact the artist directly to discuss a project and terms.
Clients interested in commissioning the Artist should send an email to ofpenandsword@gmail.com.
Clients are responsible for providing accurate information and specifications for any commission, including but not limited to: photos, reference sheets, or text descriptions for subjects to be depicted, desired file type, deadlines, and shipping information (when applicable). The Artist will not be responsible for errors caused by incomplete or inaccurate information given by a client.
Prices for work are quoted on a case-by-case basis. All prices are in USD.
Costs for shipping physical work are a separate fee. Tracking is included for all shipped items; insurance is included for all items over $100.
Payments $100 and under must be made up front in full. Payment plans are available for work over $100. Full payment must be received and confirmed by the Artist before any final work or files are delivered.
The Artist is not responsible for lost or misdirected payments.
Commissions cancelled by the client after work has begun will receive a refund of the remaining balance based on cost of materials and work completed. The Artist also reserves the right to cancel and refund in instances of poor communication, threats, or harassment on the part of the client.
Requests for refunds in whole or in part will not be honored for completed artwork.
Projects include a sketch check phase unless otherwise indicated before work commences. Client may request one complimentary round of changes at this stage. Client must indicate sketch approval before the project can proceed.
No complementary changes will be made to completed artwork if details documented in progress photos or images were previously approved for the project.
The client may not edit or hire another person to edit the Artist’s work without permission. Cropping work for use as icons, banners, etc. is acceptable.
Unless otherwise explicitly negotiated in writing, the Artist retains all copyrights to artwork and projects regardless of the subject matter, including the rights to display, distribute, copy, publish, and reproduce work for profit or promotion. The Artist does not “work for hire” and no project undertaken by a private Client is to be interpreted as such. Traditional art may also be sold to a third party if the client does not pay for the original to be shipped. Intent to purchase rights must be disclosed up-front by the client. Clients retain any intellectual ownership of character designs depicted.
Clients do not need to request permission from the Artist to post commissions to a personal gallery, social media, etc. as long as the Artist’s signature and/or marks remain unedited. The Artist will provide a web resolution version of the finished project for this purpose. Any additional credit to the Artist such as a link to the Artist’s site or gallery is appreciated but not mandatory.
Clients may make a small number of copies of commissioned work for personal use, but not for profit unless the appropriate rights have been purchased.
Clients may not claim to have created work by the Artist regardless of the rights held by either party.
The Artist reserves the right to decline commissions based on subject matter including but not limited to pornographic or sexual content, significant gore, and copyrighted characters owned by a third party. Inquires into whether a specific idea is acceptable are welcome and will be kept confidential.
The Artist will deliver private email updates on commission status regularly or as requested within reason.
The Artist will make every effort to stay in contact with clients during business transactions and project progress. If the client fails to respond or make contact for a full calendar year (365 days), the client’s commission and any paid funds will be forfeit. The Artist makes contact information readily available online and at events and cannot be held responsible for clients’ communication.
Project deadlines must be disclosed up-front by the client. Deadlines must be agreed on by both parties before work on a commission will begin.
Select work may be subject to a rush fee. Contact the Artist as early as possible for time-sensitive commissions.