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All rules and TOS are subject to change. The TOS that are present at the time of your commission are the TOS you are held to. I will not change the TOS you are held to mid-commission. 

 

All TOS are also subject to leniency and more often than not leniency will be applied. I may not apply every upcharge or “penalty” to your commission because I simply don't think it's needed. These are in place to protect me as an artist in the case of a difficult customer.

Payment

All payment must be made up front unless otherwise discussed or specified. Payment plans will be considered on a case-by-case basis and only for larger commissions.

 

Currency accepted is USD.

USD is accepted through PayPal, Venmo, Cashapp or Facebook pay.

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Copyright and Usage

I have every and all rights to the finished product and all WIPs, not the commissioner unless explicitly stated by the commissioner and an additional fee for exclusive rights is paid.

I am allowed to use the art in the following ways;
To promote myself 

To print and/or publish
To display anywhere at anytime
Post/upload to any site for any reason

I do not need to credit you as the purchaser/character owner

Your rights as a commissioner are as follows;
You may use the copyrighted artwork for personal, free use.
Print the art, and claim the right of your character(s) but not the drawing itself.

Credit must be given to me at all times wherever the drawing is used unless previously discussed("art by winibread" is all you need to include)

You may not use my artwork for any monetary gain unless exclusive rights are paid for.



If you break these conditions(i.e. commissioning me for a drawing and selling the design on tShirts without my knowledge or consent) your rights to the art or design I have made can be withdrawn with no refund given and you will be added to my blacklist.

Legal action will be pursued if necessary.

You must have paid for exclusive rights to use the art for any monetary gain.

The following are a few examples of breaking the terms:
Taking credit for the creation of the artwork or design.
Removing any watermarks/signatures.
Altering the artwork without my consent.

Commercial/Exclusive rights can be discussed and will be priced on a case-by-case basis.

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Refunds and Cancellation

I do not give refunds for finished products unless the design is off or something is severely wrong with what you received. Proof and documentation of your expectations will be required and compared. A refund is still not guaranteed to you, but will be seriously considered.

I do not allow commissions to be cancelled unless the payment is not sent or something serious(subjective)  has come up in your life. If your commission is cancelled your refund will depend on how much of the art is completed.


DeviantArt point commissions or any other form of payment not used outside the internet cannot be cancelled. If you request to cancel a commission, an inquiry for a refund will not be considered. 

 

I reserve the right to cancel or refund a commission at any time for any reason.

You have every right to request a refund from me at any time if you feel you are unsatisfied with your wait time and your refund request will be noted. Refunds due to wait times increasing or being more than you expected will unfortunately result in you being blacklisted from commissioning me again as I am freelance, incredibly part time and have a lot going on in my life and cannot afford to process refunds immediately. This prevents myself and my former clients from needing to worry about the issue arising again.

 

If you file a chargeback/force a refund through PayPal against me you will be blacklisted from commissioning me again and depending on the situation I may post screenshots of our conversations publicly to defend myself or warn others of your behavior.

 

In the instance that you do receive a refund it may take up to two weeks to send and may be sent in multiple payments.


 

Wait Times and Updates

My commissions may take up to a month to complete no matter how simple it seems to you. You are of course entitled to an explanation if the wait time is longer than what you expect and a refund will be considered if you feel the wait time is too much.

 

Average wait time: 1-2 weeks
Current Anticipated Wait Time: 1 month+

 

Wait times depend on my queue, schedule, work, health, and even my motivation to draw can affect your wait time.
I don't want to force myself to draw for you because the end result will be horrible and half-hearted, please be understanding if your wait time increases. Commissioned art from independent creators is a luxury item and cannot be mass produced.

I may(and typically do) send an update during the following times: pose sketch(and any adjustments), lines,  flat colors, background color blocking. Any and all updates on progress are up to you to specify and request.
Updates on progress may also just be a description of what has been keeping me from progressing so far in the case of your wait time increasing.

 

Upcharges

 

An upcharge is a price increase due to X reason.

 

Upcharges/fees are minimal and will be applied if you 1. Request significant changes to the art in a more final stage such as lines, colors or after the piece is finished or 2. If the amount of changes to the sketch/pose are causing me more energy and time than I feel is worth what you have already paid.

 

An upcharge may be applied if you have a specific, short deadline.

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Minors

I do not accept commissions from minors, NSFW(of course) or otherwise, as that's a very slippery area legally. If someone 18+ would like to get an SFW commission on behalf of a minor I am fine dealing with it that way.
I will not be held accountable for a minor lying about their age to access my NSFW content or receive a NSFW commission from me. 
I reserve the right to request a legal form of identification to prove your age before accepting any commission, but especially NSFW.


 

Adopts & Designs

You may not resell my designs for more than you've purchased them for unless more art/value has been added to the design. Selling my designs immediately after purchase may be grounds for blacklisting.  Please make sure you credit me properly on whatever site you upload or use the design. DM me if you need to know the proper credit. 

© Winibread/Winibreaded/Winibread Art. All rights reserved

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