Terms of Service
All contact and personal information will not be sold to or shared with any third party’s... All instant messages, VOIP, SMS, emails, screenshots , and audio, video, screen capture recordings. As well as, but not limited to, all current or future forms of communication, and will not be posted online but will be recorded and archived for future reference. This excludes comments posted or anything said during a group chat, stream chat, group call, or interactions on public networks and social media that is publicly view-able. In the event you receive mail with the artist’s address and/or personal information it is agreed upon that you do not share this information and erase, destroy, and/or forget said information. Sharing this information with any kind of intent is against this T.O.S. and will be dealt with legal actions. A line of communication will be established with the commissioner and the commissioner only.
This is to ensure privacy is kept with the party to receive updates and progress reports. Any other parties that attempt contact artist about the commissioner commission(s) will be recorded and sent to the commissioner as proof of interference.
The artist reserves the right to refuse service at the artist’s discretion.
Non tolerable behavior will result in warnings. Acts such as harassing the artist or other clients, aggressive language and acts, poor communication, and poor attitude. This is to help provide the best service and product possible.
Multiple warnings will result in a cancellation of the current commission with an appropriate refund.
Commissions will be scheduled based on needs and availability. Commissions may be scheduled such that the artist may work with you to adjust and correct the commission.
3. Warnings/Blacklist System
Inky Paw Prints Studios runs on a 3 warning system. If 3 warnings is reached with a client, client will be put on a blacklist and will be unable to commission items from artist.
Examples of warnings include, but are not limited to:
Missing deposit period (See Section 7.)
Missing payment period (See Section 7.)
Non tolerable conduct (See Section 2.)
Violations of Terms of Service
Due to previous issues, all information being requested about commissions needs to be taken to emails rather than social media, social media can be use to initiate a commission but will be continued via email. Please, if you have any questions regarding any current or future commission email me at email@example.com.
5. Artist’s Queue and timing:
The artist has the rights and the ability to change the order of what is worked on in the queue at any time, depending on what is available. In some situations commissions are on hold, such as needed extra references and information from the clients side, or in the form of collaboration where the artist is waiting on another artist to finish their half of the commission. The artist will try to maintain a chronological order of when commissions were ordered.
To keep from experiencing “burn out” the artist has the right to work on personal work as well as commissions to keep refreshed. Please keep in mind the artist is not a machine and cannot work on commissions at all times.
The artist is also a convention artist, there are times where there may be extended pauses on commissions in order to work on convention inventory. The artist will make it aware to the client(s) that there will be pauses either via Public Notices on social media or privately messaged via email or other communication.
The public Trello “Queue” is available online, please visit HERE to view your place in the queue.
Within the agreed upon time frame; If you wish to cancel or change your commission please let the artist know as soon as possible. Once a commission is in the final stages changes may not be possible due to deadlines or the degree of changes requested.
Commissions may only be edited upon the request of the client up to seventy-eight (78) hours after art work is deemed complete. After this time art work will no longer be edited.
It is the clients responsibility to present all information and correct references available for the artist to work with before any work is started.
The artist will attempt to remain in contact with all parties involved to the best of the artist’s ability. It is also encouraged that all commissioners in a group commission consult with each other before contacting the Artist through a single message. In the event multiple parties are involved, once a commission is completed it may not be edited to the degree of a change or replacement of a character.
The artist will maintain a punctual delivery with deadlines in mind. If no deadline is provided the artist will attempt to complete the commission in a timely manner.
In the event of illness, injury, or accidents the artist will be in contact about rescheduling deadlines, cancellations, refunds, or other arrangements. Only the artist may be contacted.
7. Reservation of Rights:
All rights not expressly granted above are retained by the Artist, including any electronic rights or usage unless specified above and including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any grant of rights is conditional upon receipt of full payments. Upon receipt of full payment, Artist shall deliver digital files necessary to enable Client’s usage rights granted herein. Any use additional to that expressly granted above requires arrangement for payment of a separate fee. Artist retains the rights to display all work created by Artist for any Client’s commission, including preliminary materials and final art, in Artist’ portfolios, including in print and online, and to submit such work to design periodicals and competitions.
Occasionally, selected commissions will be used for prints to be sold at art shows, with commissioner's permission. Character rights still belong to the owner.
Licensing to display and post commissions must be solely allowed by the Artist to the commissioner. Accreditation to the artist is also required.
The use of the artist’s characters or other intellectual property without the artist’s consent is prohibited.
Selling copies, prints or the use of the artist’s work in other mediums is prohibited.
All characters are property of their respected owners. The artist will not sell copies of your commission or character(s) without your consent.
Any false claims of ownership of characters or art work will result in a cease and desist and legal action. This is to protect the Artist, the customer, and all works produced.
Permission for the use and display of the artist’s work will be granted at the artist’s discretion. Your request may also be denied and/or revoked at any time.
Payment for starting work is due upon acceptance of commission, net 3 days. The Client’s right to use the work is conditioned upon receipt of payment within 3 days of acceptance and upon Client’s compliance with the terms of this Agreement.
Character reference sheets require 50% payment upfront before any progress is started, the final payment is due for final progresses to be finished.
Fursuits and items over $100 require a 25% non-refundable deposit up front before any progress is started. Final payment is due before delivery of suit or item. Deposit is due within one (1) week of invoice being sent.
Items sub $100 are due within 24 hours of invoice being sent.
Payment plans are available for large orders(over $100), and will be decided upon by the artist's discretion. Payments are to be a minimum of $100 per month.
Prices are NON NEGOTIABLE. The artist's time is valuable and can be used for other projects.
A shipping or delivery fee must be paid before the commissioned item can be delivered/shipped.
Delivery can be arranged with large commissions, such as fursuit(s) to save on shipping but will be charge $.54 per mile to delivery location. Free delivery within 10 miles of artist's current location. Distances over 150 miles will be delivered unless a common meeting location can be agreed upon that the artist is attending. E.g; conventions or meets.
Shipping will include insurance and a tracking code that will be delivered to the client when the item has been shipped. Insurance will be attached to shipping cost on item over $100.
10. Cancellation and Kill Fees:
Cancellation (“kill”) fees are due based on the amount of work completed. Forty five percent (45%) of the final fee is due within 7 days of notification that for any reason the job is canceled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Upon cancellation or kill, Artist retains all rights to the art, and all original art and copies thereof must be returned, including sketches, comps, or other preliminary materials, and Client shall permanently delete all digital copies thereof.
11. Ownership of Copyright:
Client acknowledges and agrees that the Artist retains all rights of copyright in all work created by the Artist for any Clients, including preliminary designs and Final Deliverables.
12. Permissions and Releases:
The Client agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials including in the Work at the request of the Client for which no copyright permission or privacy release was requested or for which uses exceed the uses allowed pursuant to a permission or release.
13. Governing Law:
This Agreement shall be governed by the laws of United States in the State of Oklahoma.
14. Code of Fair Practice:
The Client and the Artist agree to comply with the provisions of the Code of Fair Practice.
Terms of service may change over time to better serve and protect both parties. Regardless of changes you accept the terms.
BY SENDING PAYMENT YOU ACCEPT THE TERMS OF SERVICE.
**ALLERGY WARNING** I am a pet friendly home! While I will try to keep my pets away from your commissions, I cannot guarantee that they will not in some form come in contact with your costume.
Things I will not Draw
Some closed species