Commissions - Terms Of Service
Terms of Service
BY COMMISSIONING ME, THE COMMISSIONER IS AUTOMATICALLY AGREEING TO MY TOS.
IF THESE TERMS ARE VIOLATED IN ANY WAY, THE COMMISSIONER WILL BE BLACKLISTED FROM COMMISSIONING ME, REPORTED AND BLOCKED.
SECTION I. DEFINITIONS
- “Me”, ”My”, “I”, “The Artist” refers to Ellet.
- “Artwork” “Commission” refers to the form of product and service provided by Ellet.
- “The Commissioner” refers to the client who has purchased the Commission from Ellet.
SECTION II. RIGHTS
2.1 - RIGHTS
- I, the original Artist, retain full and exclusive rights to the original Artwork.
- I retain the right to decline or cancel a Commission at any stage for any reason without explanation (however, I will likely provide an explanation out of courtesy.)
- I retain the right to pursue damages under United States law.
- The discussion and agreement shall remain on record for at least 2 years. Discussion and agreement is defined as the Artist and the Commissioner’s discussion about the process of the Commission, and any communication or documentation related to the Commission.
- I am not responsible for any art theft, misplacement, plagiarism or Copyright infringement of the Commission.
- The Commissioner accepts all possible risks receiving a Commission.
2.2 - I REFUSE TO WORK ON THE FOLLOWING
✖ NFT Related Artworks
✖ Artworks including NSFW or Fetish content
✖ Artworks including hateful content
SECTION III. COPYRIGHT AND USE OF ARTWORK
3.1 - USAGE OF COMMISSIONED ARTWORK
- Posting Commissions are allowed as long as the space or profile of the social media site or website the Commissioner is posting to does not include:
- Illegal activities, and
- Hateful content
- I retain the right to issue a take-down notice for any post that includes the Commission without explanation (however, I will likely provide an explanation out of courtesy.)
- Use is only allowed for personal use and not commercial use unless stated otherwise. For commercial use, see the section below.
- Under no circumstances:
- May the Commissioner claim the Commission as their own creation.
- May the Commissioner trace the Commission and claim the traced image as their own creation.
- May the Commissioner submit a Commission to any kind of online or offline contest.
- Is the Commissioner allowed to use my name or misuse the Commission which may harm my reputation, or which will violate the spirit of the Commission.
- The Commissioner is allowed to alter or edit the image as they please, as long as the Commissioner does not claim the original Commission as their own.
- I retain the right to showcase the Commission on:
- Social media (this includes, but are not limited to; Twitter, Instagram, Threads, Reddit, Tumblr, Discord, etc.)
- Online gallery spaces (this includes, but are not limited to; my portfolio, my website, Deviantart, etc.)
- Personal spaces (this includes, but are not limited to; college campus walls, etc.) with credit given to the client as the Commissioner.
- If the Commissioner does not want the Commission to be posted on my social media / online gallery spaces / etc, or the Commissioner wishes to remain anonymous, please contact me as soon as possible before or during the Commission process. I will refrain from posting the commission on my social media sites if the Commissioner wishes so.
3.2 - COMMERCIAL USE
- Credit to the Artist must be given somewhere visible. If the Commission is for merchandise, please credit me somewhere in the description of the item. For games, please credit me at the end-roll. Credit to the Artist is defined as follows:
- There is a watermark on the image, or
- The Commissioner gives proper credit to me (Ellet) as the artist, as well as a link bank to my website or one of my social media accounts
- For commercial use, the Commission price will be 1.5x the amount of the original, unless stated otherwise.
- The Commissioner will be given a Commercial Use License that grants the Commissioner permission to use copyrighted material for commercial purposes.
SECTION IV. PAYMENT AND REFUNDS
4.1 - PAYMENT
- Payment must be made by Paypal.
- Payment must be in USD. The Commissioner is responsible for providing the correct amount equal to the amount in USD.
- The Commissioner will have 21 days to pay after I have quoted the Commissioner. If this has not been met, the Commission will be canceled.
- I will start the Commission once payment has been made. Payment before the Start of Work can be made in 2 ways;
- Complete full-payment before Start of Work, or
- 50% up-front payment before the Start of Work, and 50% rest of the payment after approval of draft.
- It is the Commissioners responsibility to notify when the payment has been sent. If I have not been notified within 21 days, I will still consider it late and the Commission will be canceled.
- Goods and Services tax is not included in these Commissions.
4.2 - REFUND POLICY
- If a Commission is declined or canceled before any progress has been made, a full refund will be given.
- If I cancel the Commission at any state, a full refund will be given.
- The refund amount will depend on the Commission type and state. If it is an illustration commission, here is a rough estimate:
- Sketch: 90% of the original price
- Lineart: 50% of the original price
- Flatcolor: 30% of the original price
- Shaded / Nearly completed: 0% of the original price
- Finished: 0% of the original price
(For explanation on what exactly is considered a Sketch, Lineart, Flatcolor or Shaded, read here.)
- As stated above, no refunds will be given to nearly completed or completed Commissions, UNLESS:
- If a Commission takes more than 3 weeks (21 days) after payment has been settled, the Commissioner is allowed to cancel the Commission at any time for a full refund. I will notify the Commissioner when the 21 days have passed.
SECTION V. WORKFLOW
5.1 - WORKFLOW
- After the Commissioner has requested a Commission and I have received payment, I will create a Draft that will include the sketch of the Artwork and the overall color scheme of the Artwork. After approval is made from the Commissioner of this Draft, I will continue working onto the final Artwork.
- The Commissioner may request a preview of the Commission at any time during the creation process.
5.2 - TIME
- It is a promise of mine to finish any Commission within 3 weeks (21 days) of payment. As stated in Section 4.2, if that promise has not been met, the Commissioner is allowed to cancel the Commission for a full refund at any time after the 21 days have passed. I will notify the Commissioner when the 21 days have passed.
5.3 - RUSHED DEADLINES
- I will not work on Commissions that have strict or short deadlines, or if the Commissioner is not flexible on deadlines. Exceptions will be given if;
- The Commissioner agrees to pay a “rush fee” that is agreed upon by both me and the Commissioner. The “rush fee” will be about 20% of the Commission and will fluctuate depending on the flexibility of my schedule.
5.4 - REVISIONS AND EDITS
- Revisions are defined as edits made by me.
- The amount of Revisions that can be made will depend on the Commission type and state. Here’s a rough estimate;
- Sketch, Lineart, Flatcolor: 6 revisions
- Finished: 2 revisions
(For explanation on what exactly is considered a Sketch, Lineart, Flatcolor or Shaded, read here.)
- As stated in Section 3.1, The Commissioner is free to make any edits on the finished product as long as the Commissioner does not claim the original Artwork to be their own.
5.5 - FINISHED PRODUCT
- After the Commission is finished, the Commissioner will receive;
- The Commission files. Each Commission will have different files that will be sent to the Commissioner. Read the description for each Commission to review what the Commissioner will be receiving.
- A Certificate of Authenticity in .pdf file as proof and documentation of original Artwork by me.
- The Commissioner may request any other raster file type (such as jpg, psd, pdf, etc.) and size for their Commission, free of charge.
SECTION VI. COMMISSIONER INFORMATION
6.1 - AGE
- If the Commissioner is under 16, the Commissioner must provide contact information to a parent or guardian. I reserve the right to contact the parent/guardian of an under-aged Commissioner, to ensure that there is no breach in the Terms of Service, and the Commissioner is able to pay for the commission.
This TOS is subject to change anytime without notice.
Current version: 1.3
Created: 07/08/2021
Last Updated: 03/17/2025
Please ask me if you have any questions!
Thank you for your interest in my Commissions and reading the TOS.