Kerabytes’ Digital Art Commissions Terms of Service
​Last Edited on August 29th, 2019

You must read and agree to my terms of service before filling out the form at the bottom of the page to e-mail me.
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A condensed copy of these terms will be included in every PayPal invoice.​

Services

(TLDR...)
I offer Digital Art commissions.  By commissioning me, you will receive a varying number of digital files specified per commission sheet.  Please note you will only receive what is explicitly listed; digital art commissions DO NOT include physical prints or copies.  You will not receive a physical copy of art received as a digital art commission, nor anything extra beyond what is listed within the relevant commission sheet or PayPal invoice.  A commission is considered a completed transaction once the full-resolution files have been transferred to the Client, after which time chargebacks or refunds will not be accepted for any reason.
I only offer digital art.  I do not sell or include prints or buttons or keychains or any other merchandise when you buy a commission.  No refunds or chargebacks will be accepted after completion.
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I require clear, discernible visual references.  If multiple references exist, please specify the one you would like me to base the commission off.
I need visual references.  Text-only won't work.
​I operate using a submission form.  I will e-mail you and request the appropriate commission sheet and reference(s) following submission of the form.
​I use the contact form below.  I'll e-mail you after you send the form.

Communications Policy

(TLDR...)
I will maintain communication with the client via e-mail service.  E-mails will be checked daily and responded to as soon as possible (please allow 1-3 days for response).  Client must be willing to use e-mail for communication.
I work using e-mail only. 
​I usually reply fast, but please allow 1-3 days.
​Commissions through chat services or non-email means will be rejected.​​
Don't try to commission me in DMs.
Please only e-mail me regarding commissions, commission inquiries, or commission price quotes.​
Please only e-mail me if it's related to business.

Payment and Process

(TLDR...)
I accept payment exclusively via PayPal.  I require full payment up-front of any given commission type, according to a previously established and agreed-upon price.  I require payment before I begin any work on your commission.  I operate using PayPal invoices.  Please be prepared to pay an invoice in full within 1 week of its receipt, except in such cases where payment deadlines have been negotiated and mutually agreed-upon.  Work will not begin until the respective invoice has been paid in full.  Failure to pay the invoice within 1 week of its delivery will result in the termination of the commission and re-opening of the commission slot to the public.
I only accept payment through PayPal invoices.  You have to pay the full price before I work on your commission.  You have to pay within a week or I'll cancel the commission.  
Following payment, I will provide 3 concept sketches to the client within 1 week of payment.  The client may offer suggestions if sketches are unsatisfactory. 
The chosen image will be refined to completion, and the remaining sketches will not be used in the final product. ​
After payment, I'll give you 3 sketches in about a week.  We'll work together to refine them from there.
I retain ALL rights to unused concept sketches, and they are NOT included in the final commission.  They may NOT be used by the Client, in any way, shape, or form, for any reason or purpose.  I retain ALL rights to repurpose or reuse ANY rejected sketch as I see fit.
​I keep full ownership of ALL sketches created in the concept phase.  I can re-purpose them and use them how I want.
The Client will be sent W.I.P. (work-in-progress) sketches upon significant progress via e-mail. ​
I'll send you progress updates as I go.

Refund Policy

(TLDR...)

REFUNDS REGARDING INCOMPLETION BY ARTIST:

IF THE ARTIST IS UNABLE TO COMPLETE THE CLIENT’S COMMISSION DUE TO CIRCUMSTANCES ON THE ARTIST’S END, THE CLIENT WILL BE REFUNDED THE FULL AMOUNT PAID.
If I can't finish your commission for any reason and it's my fault, I'll fully refund you.

REFUNDS REGARDING LINED WORK (Vector Chibi):

IN THE EVENT OF CLIENT-INITIATED TERMINATION:
  1. ​IF LINEWORK HAS NOT BEEN STARTED, OR IS LESS THAN 25% COMPLETE, A FULL REFUND WILL BE ISSUED.
  2. IF LINEWORK IS MORE THAN 25% COMPLETE, ONLY ONE-HALF THE TOTAL COMMISSION PRICE WILL BE REFUNDED. 
If you request a refund, I'll fully refund you if I've finished less than 25% of the line-art.

​If I've already finished more, I'll refund you half.
CLIENT-INITIATED REFUNDS WILL NOT BE ACCEPTED FOLLOWING COMPLETION OF LINEWORK.
​If the line-art's done, no refunds.

REFUNDS REGARDING NON-LINED-WORK (Digital Sketch):

IN THE EVENT OF CLIENT-INITIATED TERMINATION:​
  1. IF THE IMAGE IS LESS THAN 25% COMPLETE, AND FEWER THAN 2 HOURS OF WORK HAVE BEEN PUT INTO THE IMAGE, A FULL REFUND WILL BE ISSUED.
  2. IF IMAGE IS MORE THAN 25% COMPLETE, AND AT LEAST 2 HOURS OF WORK HAVE BEEN PUT INTO THE IMAGE, ONLY ONE-HALF THE TOTAL COMMISSION PRICE WILL BE REFUNDED .
If you request a refund and I'm less than 25% done and have been working fewer than 2 hours, I'll fully refund you. 

If I'm more than 25% done, or I've been working for more than 2 hours, I'll refund you half. 
CLIENT-INITIATED REFUNDS WILL NOT BE ACCEPTED FOLLOWING COMPLETION OF AT LEAST 50% OF THE IMAGE, OR AFTER MORE THAN 3 HOURS OF WORK-TIME HAVE BEEN PUT INTO THE IMAGE.
If I'm at least 50% done, or I've been working more than 3 hours, no refunds.

REFUNDS REGARDING CLIENT BEHAVIOR:

THE ARTIST RESERVES THE RIGHT TO TERMINATE A COMMISSION AT ANY TIME IF THE CLIENT BEHAVES IN A RUDE, UNPLEASANT, UNPROFESSIONAL, OR OBSCENE MANNER.  THE ARTIST RESERVES THE RIGHT TO TERMINATE A COMMISSION IF THE CLIENT FAILS TO PAY DELIVERED INVOICES IN FULL WITHIN THE AGREED-UPON TIME-FRAME.
I can fire you as a client at any time if you act rudely or in a way that makes me uncomfortable, or if you don't pay the invoice I send by the deadline.
TERMINATIONS RESULTANT OF UNACCEPTABLE CLIENT BEHAVIOR WILL BE REFUNDED ONLY HALF THE AMOUNT PAID IF THE COMMISSION FALLS WITHIN THE RESPECTIVE REFUND TIME-FRAME.  THE CLIENT UNDERSTANDS AND AGREES: IF TERMINATION OCCURS DUE TO CLIENT BEHAVIOR, ONLY HALF THE PAYMENT WILL BE REFUNDED (IF APPLICABLE) AND THE CLIENT WAIVES ALL RIGHTS TO ISSUE A DISPUTE OR CHARGEBACK OF ANY KIND.
If I cancel the commission for this reason, I'm only refunding you half, and only IF the commission falls within the refund time-frame and criteria. 

​You can't chargeback me if I do.

Terms

(TLDR...)
​By commissioning me (henceforth known as “Kerabytes” or “the Artist”) you hereby agree you (henceforth known as “the Client”) have fully read, understand, and agree to the following contractual terms and conditions in the legal commission of artwork (henceforth known as “the Work”).  The Client agrees they are of sound mind and full, proper legal age to enter into a contract according to the laws of their country or state (defined here as 18 years of age or older).
If you commission me, you're legally verifying you read and agree to abide by ALL my rules in their entirety. 

​You're also verifying you're 18 years of age or older.
  • The Client hereby vows they are the legal owner of all rights of the design being commissioned OR are acting on legal behalf of the design owner, with express permission of the design owner.
You're not stealing someone else's character.
  • The Client will not, at any point, remove, alter, obscure, maneuver, transform, turn, tilt, flip, move, blur, or otherwise perform any action that modifies, adjusts, hides, covers (fully or partially), or deletes the Artist’s pseudonym signature of the Work.  The Artist’s signature is to remain wholly intact, in its original position, on any and all instances, duplications, uploads, publications, alterations, or reproductions of the Work, except in such instances wherein the Artist willingly provides a version of the Work already lacking a signature AND verifies the unsigned Work may be published.

    ​EXCEPTION: the Client may use the Work as a cropped avatar image on social media platforms.
You won't do anything to change, hide, move, or delete my signature unless I give you an unsigned one and say you can use it. 

​You can use cropped versions for avatars, though.
  • The Client agrees not to use the Work for any malicious or unlawful purposes.  This includes, but is not limited to, advocacy of malice or harm in any form, the inadvertent or willful disregard or transgression of any law or laws on a state, national, or international level, or the encouragement or perpetration of any form of unlawful action.
You won't use or edit my art to do or promote anything illegal or harmful to anyone/thing.
  • The Client agrees the Work is not reflective of the Artist’s personal stances, convictions, beliefs, theories, thoughts, or philosophies.  The Client acknowledges full responsibility for the creation of the Work, including any implications thereof.
The commission does not reflect my opinions or beliefs.
  • The Client agrees not to use the Work for any pornographic purposes.  This includes, but is not limited to, pornographic edits, alterations, adjustments, or collages that transform or imply the Work to possess pornographic qualities.  The Client agrees not to redistribute the Work onto any pornographic websites.[1] “Pornographic qualities” include, but are not limited to: the alteration of the Work to possess any form of genitals or genitalia, the alteration of the Work to possess any form of primary or secondary sex characteristics, or the alteration or injection of the Work into fabricated sexual situations, real or implied, for the purposes of sexual gratification.
You won't do anything to alter or imply the commission to have any kind of genitalia or secondary sex characteristics.  You won't post my art to porn sites under any circumstances.
  • The Client, upon completion of the commission, assumes redistribution rights to the Work within the confines outlined by the Terms of Agreement.  The Client is entitled to reupload, reproduce, and redistribute the Work in its entirety FOR NON-COMMERCIAL PURPOSES ONLY.  These rights transfer ONLY after the Artist transfers the full-resolution files to the Client.  The Client additionally agrees to include a hyperlink leading to the Artist's social media upon every instance of re-uploaded or otherwise used Work.
    • The Artist maintains the right to upload and distribute the Work to any form of media platforms for the purposes of self-promotion.  The Artist maintains the right to include the Work in any future portfolio(s).  The Artist maintains the right to use the Work for purposes of future commission advertisements as an example image.  The Artist DOES NOT assume the rights to the design or character within the Work.​
Once the commission is completely done, you can use/repost the work non-commercially.   This usage license takes effect when I give you the full-res files. 

You are not allowed to use my work commercially in any way. 

You need to visibly link back to me if you use my work.

I can still upload the commission to my own sites and portfolios to advertise myself.
  • The Client may not sell the Artist's Work.  This includes as part of packaged character sales and cases where the character transfers ownership.  Ownership and redistribution rights received as a result of a completed commission DO NOT transfer upon sale, trade, or otherwise adoption to a third party of a character that features the Artist's Work.
You're not allowed to sell my art in any way, even if you're selling a character that has my art in its gallery.
You MUST remove my art from the character's gallery before a character sale occurs.
  • The Client agrees the Artist may redistribute, sell, or make merchandise of commissioned art featuring characters from prevalent franchises that the Client does not possess ownership of.  THIS DOES NOT APPLY TO FAN-CHARACTERS, ORIGINAL CHARACTERS AND DESIGNS, OR ANY CHARACTER THAT IS NOT EXPLICITLY FEATURED IN A PREEXISTING FRANCHISE.  FAN-CHARACTERS (INCLUDING THOSE THAT SHARE THE SAME SPECIES AS OFFICIAL CHARACTERS), ORIGINAL CHARACTERS, AND ORIGINAL DESIGNS WILL NEVER BE REPURPOSED OR RESOLD BY THE ARTIST IN ANY CIRCUMSTANCE, REGARDLESS OF DEGREE OF RESEMBLANCE TO LICENSED CHARACTERS.  THE CLIENT RETAINS ALL RIGHTS TO ORIGINAL CHARACTERS, FAN-CHARACTERS, AND ORIGINAL DESIGNS.
If you commission an official character from an existing series, I can turn it into merchandise and sell it in my shop. 

This is so the I can turn commissions of official Digimon species into keychains.

I will NEVER sell a commission of your OC/design as merchandise.

Even if it looks really, really, really, reallyreallyreally close to the canon one.
  • The Client understands and agrees that any violation of these terms on the part of the Client, or any agent acting on behalf of the Client, at any time, including after the completion of the transaction, immediately and irreversibly voids any and all redistributive and usage rights the Client receives as part of this agreement.  The Client understands and agrees they waive ALL rights associated with the Work resultant of the transaction if violation of these terms occurs at any point.
If you break these rules at any point, you legally waive all rights to the image, even if the violation occurs long after the commission is completed.

​If my terms are violated, you may no longer use my work in any way.
THE ARTIST MAINTAINS EXCLUSIVE RIGHT TO REJECT ANY COMMISSION OR COMMISSION INQUIRY FOR ANY REASON WHATSOEVER.  THE ARTIST MAY TERMINATE THE TRANSACTION AT ANY TIME, FOR ANY PURPOSE, FOLLOWED BY APPROPRIATE ACTION BY THE ARTIST IN ACCORDANCE WITH THE ARTIST'S REFUND POLICY.
PRICE ESTIMATES ARE NOT A GUARANTEE OF AN ACCEPTED COMMISSION.
I can reject any commission or inquiry for any reason whatsoever. 
​
​Contacting me for a price quote doesn't obligate me in any way to accept the commission.
​[1] “Pornographic websites” defined as websites primarily and intentionally exhibiting or showcasing pornographic material for provocation, arousal, or gratification.
Upon submitting this form, I will reply within 1-3 business days, at which time I will request you attach the respective reference(s) and commission sheet.

​Please ensure your contact e-mail is correct.
​If I do not respond after 3 days, please re-submit the form.