Art & Comm TOS

💌 AGREEMENT

By commissioning tesvp, clients automatically agreed to have read and accept the artists both present, future and any revisions to terms and conditions provided. Client understands this is a "digital-service," unless otherwise stated. Clients MUST be 18 years or older in order to commission.

As the artist, I (tes, tesvp) will retain all rights to artwork made. This includes, but are not limited to, WIPS • DRAFTS • SKETCHES, display images, incomplete & completed work, cancelled & rejected work, graphics on socials • shops • vgen, any or all files made available as digital downloadable content, etc. for my personal-professional-use in my portfolio, website, etc. However, this does not mean I own your characters and/or personal designs. 

• Commissions are first come, first served.
• Commissions may be live-streamed (not-guaranteed): https://www.twitch.tv/tesvp
• I retain all rights to work for both personal, professional and commercial-use.
• I only draw SFW (safe-for-work) non-human characters, etc. in my own style.
• I reserve the right to refund, refuse and/or cancel projects for any reason.
• I reserve the right to take action and/or refuse service to clients who've breached terms and conditions listed within terms of service for both personal and/or commercial-use.

As the client, (i.e you, the user), you automatically agree to all present and future revisions of artists terms of service/use. Any violations to TOS will forfeit rights to work and may be banned from current and future services provided by the artist (i.e tesvp). 

• Client must retain open communication.
• Client should complete payments on time for all work.
• Clients should REVIEW portfolio before request is sent.
• Clients may not claim and/or take credit of artists work.
• Clients are responsible for providing details to fulfill commission.
• Client retains all rights to their characters and/or personal designs.
• Client may edit hue/adjust/resize work made for them, if needed (when in doubt, ask).
• Client wishing to use work for reproduction & resale must purchase commercial-use.
• Clients do not have the right to use work in/for NFTs nor AI generative art purposes.
• Client must contact artist for any changes to be made before completion of work, asap.
• Client is responsible to save all files of commission (not guaranteed to be kept by artist).
• Clients may not copy or trace artists work, in any way, unless given permission by tesvp.

I require at least 1 QUALITY CLEAR VISUAL reference. Text-based requests are declined. Text is accepted in help of visual aid of commission. Mood boards, photo collages, etc. are also accepted as references in aid of request.

📝 PAYMENT 

• Payments are to be paid upfront, in full, unless otherwise stated.
• Payments not apart of request are considered non-refundable gift.
• Once payment is processed and received, commission work will begin.
• Payment plans may be offered for commissions at $200usd and above.
• Payment of invoice must be complete before files are sent for delivery.
• Base rates are current pricing. Prices are subject to change without notice.

📝 PROCESS

• After payment (or 1st payment of agreed upon payment plan) is successful, work will begin.
• Client may receive 2 drafts of commission. If client likes neither, a new draft will be made.
• Once a draft is approved, then the lining process will begin. If approved, color will begin.
• Please be keep in mind, each design process will vary on commission type chosen.

📝 REVISIONS

• Revisions are granted during sketching phase (+wip updates) of commission.
• Revisions required from details overlooked by artist are corrected at no charge.
• Additional revisions are at my sole discretion. Major revisions may incur an additional fee.

No modifications will be made to completed work.

DURATION

• Duration of commissions may vary from 2 weeks - 4 months (2 weeks is norm).
• There are no rush commissions. If you are not patient, do not commission me.
• Duration may vary depending on bulk, complexity, time of approval from client, etc.

Doc Appts, Holiday & Emergency will cause delay to productivity. 

💖 SPECIAL OCCASSIONS

Please submit at least 2 months ahead of time for special events, such as: Stream SUBATHON/Anniversary, Birthdays, +Other Celebrations, IRL Meet & Greet art functions, etc. 

💌 FILES FOR COMMISSION

• Files are illustrated & animated in Procreate & Procreate Dreams.
• Files are done in RGB, high resolution and full size, unless otherwise requested.
• General commission files are transparent .PNG 2500px (300DPI), vary by type and/or request.
• Animated commission files are transparent .GIF, size varies on type and/or by request.
• Time-lapse video files are .MP4/MOV provided by request.
• You will receive a digital copy of commissioned artwork in full resolution, watermarked & un-watermarked, unless otherwise stated via Google Drive Link. .PSD files are not included, unless otherwise granted.

Any or all digital files of commission may vary slightly in color digitally based on differences in colors we see, screens, programs, settings, etc.

📝 FILES FOR COMMISSION: COLOR PROFILES

• RGB = colors are "vibrant," amazing for digital files & personal printing.
• CMYK = colors are "dull," required for most manufacture printing.

Clients are responsible for double checking color-profile needs. 

💌 DELIVERY

• Files will be delivered to Client once completed and payment is paid in full.
• Files are delivered via in a private Google Doc folder Link to Client to download (do not share any file and/or link to those whom you do not trust).
• Files may be withheld by the artist until Client has paid their payment in full.

📩 USAGE (PERSONAL-USE) & NDA 25%

• All commission work is for PERSONAL-USE, royalty free.
• Artwork are prohibited for/as ai datasets, nfts, cryptocurrencies and similar services.
• NDA requests are a +25% fee. Privacy requests prevents from promoting work.
• Artwork can be used for personal purposes, such as: profile pictures/avatars/thumbnails, private wallpapers, personal stationery (home print stickers, etc.), platform-use/streaming, etc.
• Commercial-use is a separate rate set by artist, which must be discussed before work starts.
• Directly monetized content requires a commercial fee (e.g sale & advertisement of merch).

📩 COMMERCIAL-USE

Commercial-use does not mean you may claim credit of work.

Commercial-use grants monetary permission for re-production for profit to make and sell designs as merchandise, such as: apparel, stationary, logo-use, self-promotion, lifestyle essential products, etc. Under no circumstances can content files itself be sold or distributed.

✅ PAID TO USE "ADOPTABLE BASE" DESIGNS (INCLUDED IN COST)

Designs made for paid "adoptable pay to use bases" are allowed to be used for limited commercial-use. You may not make merchandise nor redistribute base files. Paid designs are for paid customer-use only for commissions and/or sell as character designs. Contact artist (i.e tesvp) for questions regarding this matter.

✅ CONTENT / STREAM USAGE (INCLUDED IN COST)

Custom stream-related work, such as: Overlays, Panel Banners, Animated Alerts and Emotes are granted use on subscription platforms, such as: Twitch, Youtube and Discord which are already included with commission prices. No additional fee is required, unless otherwise added by client and/or the artist (i.e tesvp).

One-time fee commercial-use:

★ +20% added for digital promotional material in Social Media: Youtube • Twitch • Shop digital monetized content (e.g work advertising social subscriptions, sales/promotions, etc.)

★ +30% added for in-person promotional material for monetized content Youtube, Twitch, Website, Shops and/or in person Comic-con/Artist-con (i.e logos, banners, artist badges or other work advertising subscribers/followers, goods for sale, etc.)

★ +100% added for monetized Reproduction • Selling • Merchandise (artwork used in merchandise for sale, such as: prints, apparel designs, charms or keychain designs.)

Fee's are subject to increase varying on projects for personal • business • corporation-use.

• Commercial use includes unlimited commercial-use and personal-use.
• Commercial-use is permitted only for original characters and/or concept designs either made by the artist (i.e tesvp) and/or owned & created by you (i.e the client).
• After details and payment are finalized between both parties (i.e: I, the artist, and you, the client), an official commercial-license agreement digital certificate will be given validating your right to use artwork for commercial-use.

REFUNDS

There are no refunds by default and/or at my sole discretion.

My policies are strict but fair, you're paying for my time.

 CANCELLATIONS

• Invoice due date is set to 1 week (7 days). Commission is automatically cancelled if unpaid.
• IF tesvp needs to cancel a commission before they have started work on commission, client will receive a FULL REFUND of commission.

📩 COMMUNICATION

• Please don't be afraid to communicate what you wish to be done!
• Privacy requests should be discussed asap. Most requests will incur a fee.

💖 SUPPORTER PERKS

Twitch & Patrons receive perks for supporting on twitch + patreon.

Active/Current patrons + subs may apply their promotional perks.