Terms of Service

1) The Artist will provide a link to a form that must be filled out completely and properly in order to apply for a commission. This form will be posted on the Artist’s personal sites when commissions are open. This form is the only way to apply for a commission.

2) If the Client would like to submit more than one idea for commission, a separate form must be submitted for each idea. Please note somewhere in the form if all, some, or only one of the forms may be chosen.

3) Filling out this form only submits an application for commission, and does not guarantee a commission slot.

4) The Client must provide clear and concise visual reference(s) to order a commission. Exceptions may be made for thorough written descriptions, but this is rare. The exception to this is if the Client is ordering a character design or reference sheet, which can be worked on from a description alone, but will have an additional fee.

5) If requesting any content involving nudity, etc, please make sure to provide an appropriate NSFW reference and/or description.

6) If a commission is chosen, an email confirmation and Invoice will be provided by the Artist (Str/pe or Sq/are. Pa/pal if necessary).

7) Payments are accepted in USD only, through Str/pe or Sq/are invoice. Pa/pal invoice will be accepted only if necessary. The artist will not accept payment in any other form. Transactions being completed in-person can be paid with cash or credit/debit cards (via Sq/are).

8) Displayed base prices are subject to change according to the complexity, difficulty, size and medium of each individual piece.

9) For works less than $200, payment is due in full within 2 days (48 hours) of invoice being sent or the commission will be dropped. For works more than $200, payments of at least 50% must be made within 2 days (48 hours) of invoice being sent or the commission will be dropped. For these, the Client can choose to pay in full anyway, OR either one invoice will be sent with the option to pay in part or in full (Pa/pal), or two separate invoices will be sent for 50% each (Str/pe and Sq/are). Payment plans are available upon request on a case by case basis. Once payment has cleared, the Client's commission will be added to the Artist's work queue.

10) No work will be done on a commission until full payment has cleared on works less than $200, or until at least 50% of payment has cleared for works over $200.

11) If not immediately paid in full, the remaining balance must be received by the Artist before any finished work will be transferred to the Client.

12) Communications about commissions between the client and Artist will take place solely through [email protected] for the purpose of record-keeping and consolidation. The artist will not discuss commissions with a Client using personal note, instant messenger, or public forum unless absolutely necessary and, if this happens, will require that the communication also be documented in email.

13) Client will have the opportunity to direct alterations of the work during the sketch stage, and again at the flat color stage (if requested). Any and all changes and edits that need to happen must be made clear at this time. Anything more than 3 Works in Progress (WIPs) will incur additional fees.

14) Requested revisions that diverge from the Client's original commission description/references may increase the length of time a commissions takes, and will be billed separately (i.e. If the Client changes their mind about the posing/content/etc of the commission, it will cost an extra fee to change). This fee does not apply if the work has not yet been started.

15) Minor revisions can be made after the commission is complete ONLY if they are the fault of the Aritst missing something that was clearly explained or visible on the provided reference(s).

16) The Artist ensures the Client will receive email updates on the commission when necessary. Clients are encouraged to check in when they feel it's necessary for updates, assurance, reminders, or questions. Public updates may also be made via the Dreamscape discord server, twitter.com (nixsmis), bluesky.app (nixsmis). and/or furaffinity.net journal (alishka).

17) The Artist may not be available to answer emails at any time for any reason, whether it be a holiday, a difference of time zone or schedule, an emergency, etc. If an email reply is not received within 7 days, the Client is encouraged to resend the email. Occasionally client emails are lost or buried.

18) When the work is finished and if 100% of the payment has been received, the Artist will email the Client the finished commission files. These will include an unwatermarked hi-resolution file solely and specifically for the Client’s personal use that is not to be posted online or shared, as well as a smaller watermarked file that the Client is free and welcome to post in their online galleries and share if they choose. If 100% of the payment has not been made by the time the Artist has finished the commission, the Artist will hold on to the files until full payment is cleared. If the work is a traditional (non-digital) commission where shipping was agreed upon, the physical art piece will also be mailed at this point.

19) Refund policy:

- If the Client wishes to cancel their commission before work begins, a 100% refund will be issued.

- In the event of Client cancellation when work has already been started on the piece, a refund will be issued proportionate to how much work has been completed on the piece.

- No refund will be issued if the Client cancels during the shading phase, or after the commission is complete.

20) If the Artist cancels the commission, 100% of the original commission payment in US dollars will be refunded to the Client.

21) The Artist reserves the right to cancel a commission and issue a refund for any reason, including but not limited to:

- poor communication

- rude or inappropriate behavior

- unforeseen inability to complete the commission

22) In the event that a Client is unreachable by ordinary contact means (email) for 3 months or more, the Artist reserves the right to cancel the commission and offer a refund for the portion of the work that has not yet been done. If the Client is unreachable for 6 months or more, a refund will not be issued. This time period is only valid if the commission is in progress and the Artist has made efforts to get in touch with the Client. If the work is later in queue or has otherwise not been started, this does not apply.

23) Refunds will be issued exclusively by the Artist. Any instance of a chargeback or dispute will result in a blacklisting of the Client from any future work.

24) The Artist often livestreams work via Picarto.tv (nixsmis). Clients are welcome to join streams and give real-time feedback about the commission(s). This in-stream feedback does not count toward the limit of 3 WIPs mentioned above.

25) Due to schedules and time zones, the Artist is not able to schedule streams at specific times to match with a Client.

26) The Artist reserves the right to decline any commission for any reason at any time.

27) The Artist retains the right to display all commissioned work on any personal or public website, gallery, or journal, unless the Artist and Client have previously agreed to keep the work private and a Privacy Fee has been cleared. If the commissioned work is a time-sensitive gift the Artist may delay public showcase at the request of the Client.

28) The Artist retains ALL the rights to the commissioned artwork, including the right to make prints and merchandise.

29) The Client retains all rights to their respective characters. This does not allow them rights to the commissioned art itself, only to their characters within the art.

30) The Client may not profit from the artwork beyond the resale of a physical original painting or drawing IF the commissioned art was traditional media. This does not apply to digital media commissions, which cannot be resold in any way.

31) The Client may create up to three prints for personal use (display in their home or as gifts). Client may also resize or crop the artwork to create icons, wallpapers, or other graphics to be used in non-commercial digital format, but the Client cannot alter the artwork itself, remove the signature or watermark, or use it in a way that creates a profit. The exception to this is if the Client wishes to color an uncolored sketch themself, but the Client cannot have a third party color an uncolored sketch without the Artist’s direct written consent. The Client also may not recolor or have recolored by a third party, a work that has been colored by the Artist.

32) The Client may upload the artwork to their personal website or gallery accompanied by a credit line and link to the Artist, and it must not be any high resolution or unwatermarked version of the artwork. The Client does not have the right to post any hi-resolution or unwatermarted version of the artwork.

33) The Artist may recycle sketches and preparatory works that were rejected by the Commissioner for other commissions or personal works.

34) The Artist is not responsible for lost or damaged items sent by mail.

35) The Artist collects Clients’ contact and payment emails through Google Drive and Gmail, as well as whatever name the client has on file with Str!pe/Sq!are/Pa!pal, in order to accept and fulfill orders and collect payment.

36) The Artist does not save and/or use any of the information collected except for personal/tax records.

37) No information collected will be shared with anyone, third-party or otherwise, unless it is the same Client asking what information they used for a given commission.

38) If a Client does not want their information saved in the Artist’s records, the Client should contact the Artist about it and the Artist will make sure it is all removed.