Chaotic Garden

Terms of Service

DISCLAIMER
• By purchasing my services, you automatically agree to the following conditions.
• Please read this entirely and carefully. If you are not comfortable with my Terms of Service and/or are not willing to agree to the conditions, you may not request a commission.
• I do not allow my art to be used for AI purposes and alike. Do not upload it to any AI sites as this could compromise my artwork.
• NFT usage is strictly forbidden. My art, whether commissioned or pre-existing, cannot be minted into an NFT by Client nor anyone else.
• For further questions, please contact me via email.USER AGREEMENT
By commissioning me, you agree that you have read and accepted all the terms described herein.
You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me.
Violators will be added to the blacklist indefinitely and without warning.COMMISSIONS
I work Monday to Friday, and during the weekend I may not reply your contact message. Please, stay considerate of this, and if your matter is pressing, make sure to state it in the title of the email so it's easier for me to see.
• You are expected to fill out the Commission Ordering form on the Order tab which is then sent to my email [email protected]
• You will then get a reply from me discussing the details as well as me confirming your slot.
• I reserve the right to make changes to your request as I see fit (this is mostly about whether or not certain elements in a piece would work together), unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements in the form.
• It is absolutely fine to message me if you're unsure how much your commission cost would be - we will figure things out together!
If the price I give you is above your budget, I will suggest simplifying some elements or changing the style (if it will be possible to accommodate to your budget).
• Please make your request concisely worded with minimal abbreviations, so as to make the note clear to read.
• Any emails, private messages, and comments that you send must come in the following languages: English or Spanish.
• Before taking part in any transaction, you are required to wait for an order confirmation so that we may first discuss the details.
• I will - after everything is processed and confirmed - send you an invoice. You need to confirm the payment with me before I start your order.PROCESS
• It may take up to 3-5 business days to respond to your initial order inquiry.
• Unless otherwise stated, turnaround time for illustration completion ranges from 1 to 3 months, depending on complexity.
• You reserve the right to set a deadline for your commission. This deadline must be disclosed prior to payment.
• I have the right to decline a project if there is too short of a time allowance. I reserve the right to take up to 3 weeks to begin work on your project, and an additional 4 to work on said project.
• If you did not alert me to a deadline, you must not send reminders until this 4 weeks' buffer period has passed. Reminders will be ignored if they relate to work that I have prioritized above your project, including other commissions and gift art.
• If due dates are discussed, it is also the client's responsibility to ensure prompt communication. I will not be held responsible for late delivery.
• No harassment over my work speed will be tolerated, regardless of the time that has passed.
• Orders are NOT first come first serve - I will work on commissions randomly. This means I will work on the piece I am the most comfortable with at the moment to ensure the best possible result.RUSH FEE
• Rush fees are at least +25% of the base commission. Fees might vary depending on the project and the timeframe provided.
Paying a +50% rush fee guarantees total priority for your commission.REVISIONS AND FEEDBACK
• I will send a WIP ('work in progress') image after 100% of the payment is completed.
• These images will come in the form of .jpeg, .png, or .gif files as an attachment in the email.
• The responsibility is on the client to ensure your order contains the details you want me to follow.
• I am not responsible for unsatisfactory elements of the finished illustration if no feedback was given to amend it.
• Only two major revisions can be made during the drafting phase of the commission. Only minor adjustments within reason can be made afterwards.
• Each time I send a WIP to a client, I ask the client to provide feedback.
• Major changes will only be made at the sketch stage. Colour corrections will be made at the colour stage.
• Any changes to the character or subject will be subject to a fee, and the fee will depend on the nature of the change.
• I will not be held responsible for any changes in ownership of the characters I am drawing.
• After the order is completed, minor changes such as colour adjustments are allowed if the missing or inaccurate elements are my fault (e.g, overlooked details provided in the order.)
• In the absence of feedback from the customer, any changes to the final piece will be subject to a fee.
• I will not redraw a completed commission unless payment is received for a second order.FINAL PRODUCT
• There may be slight differences between the samples in my gallery and the illustration you will receive as my art style will continue to evolve over time.
• The client must respect that my artistic style cannot be altered.
• I reserve the right to reject critiques pertaining to artistic skill and stylization, and if the critique reduces the artistic quality of the piece.
• Credit to me, Chaotic Garden 0, is required when you post or use my works.
• The client is responsible for saving any information, images, and other digital data I provide.
• Any file you've paid for will be available from me for a finite time only. I take measures to preserve most files for up to 3 months. However, I cannot guarantee against computer failure, accidental deletion or loss.
• I am not required to post your project in any public space, and if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you have paid for it, as you should have your own copy for personal use.ILLUSTRATION COMMISSIONS
CLIENT
• You, the Client, will be expected to read my TOS and understand my general Commission Prices.
• You may display my work on external sites so long as it is visibly credited and linked back to me.
• You may not upload or host my work in any gallery that is intended to display your personal works (works that YOU have made.)
• You may not claim my work as your own.
• You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.
• You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only (i.e. NOT for sale.)
• You may NOT use the Artwork for redistribution or external projects, commercial or non-commercial (i.e shirts, mugs, public flyers, etc.) unless otherwise discussed.
• You are NOT authorized to change, modify, edit, or use my work without my permission.
• You are NOT authorized to trace over my Artwork in any way, including the use of the Artwork as a "base."
• Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.
• These clients are permitted to include signatures and/or watermarks indicating the Artwork is my intellectual property. Credit in some form is required.
• Any harassment in an attempt to bargain for service is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment of any type.
• By placing an order, you agree to these terms and conditions. Please read them carefully.ARTIST
• By commissioning me, you are purchasing my services as an Artist only.
• I reserve the right to post your finished commission in my gallery for any reason.
• I reserve the right to decline any project or client for any reason.
⬥ The following are what I will not accept in regards to a commission:
◦ I do not do commissions intended for hate or attacking any individual or group for any reason.
◦ I do not do commissions intended to heavily reference another artist's work or style. I have my own style and I expect the client to respect it.
◦ I will refuse a commission if the client uses AI generated images for references. As it currently is, AI generators have all been trained by stealing from the works of thousands of artists. I do NOT condone art theft!
◦ I will immediately blacklist any client who puts my WIPs through an AI image generator. I will stop working on your commission, you will not get the file I have been working on, and there will be NO REFUNDS!
Additionally, I will publicly post your username everywhere I want others to watch out for.COMMERCIAL USAGE AGREEMENT
• If you, the Client, wish to order a commission for Commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.
• The minimum price increases 100% of the quoted price, meaning double the end sum. However, I reserve the right to charge more if I deem it fit.
• The following cases are considered commercial use: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted my artwork, (eg. Patreon, YouTube, Twitch, a personal site, business cards etc).

Long-term / bigger projects (eg. a whole series of character illustrations, many illustrations for games/books, comic art etc.) are priced independent to the usual pricelist: they come in bundle price with possible round-down discounts, so please contact me about them directly!COPYRIGHT
• I reserve the right to sign and/or watermark my work. I will send the Client a full resolution image (by email or via google docs), but my signature will remain on both the full resolution and smaller versions of the Artwork.
• I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon.
• Neither Client nor anyone else is allowed to edit, trace, copy, or remove the watermark from the finished product. No one is allowed to claim my work as their own, even in the case of a paid commission.
• In the case of a commission with a character of the Client's creation (an OC), I will not reuse/resell the Artwork for personal or commercial projects unless agreed upon by the Client.NDA - PRIVACY REQUEST
• If the Client wishes for their request to be private, it must be stated during the ordering process.
• I reserve the right to charge a fee if I deem it fit.
• The privacy request entails that I am not allowed to share any WIPs on social media, nor am I allowed to stream the process of the commission anywhere.
• However, this also means that the Client must refrain from sharing any such reveals themselves.
• This is especially important to consider if the Client is a content creator and wants me to keep assets private until their debut.
• The Client will appear in the "Client" row in the Progress List with an allias provided or be assigned one (Such as "#22") if none have been provided. The "Commission" row will be kept empty, however, the Client will still be able to check the progress in "Status" and "Last Updated" respectfully.
• The NDA fee typically starts at +5% of the total quote, but it might differ. The bigger the project the bigger the fee.PAYMENT
• I am not responsible for any mistakes that are made on your part over the course of the transaction.
• I will currently only accept USD via Paypal as payment. You are responsible for making currency conversions.
• It is expected that you deposit 100% of the price upfront before I start. No exceptions unless otherwise discussed.
• After 100% of the payment is sent, I will begin Sketching. The Sketch will then be sent to you.
• I will initiate the transaction to avoid accidental transactions. Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment.
• Payments via Paypal are sent via Invoice method only unless otherwise stated. I will cover the Paypal fees as it is expected from the Artist per PayPal ToS. What you see is what you will have to pay.
• I do not accept payment from shared PayPal accounts unless you are not of legal age and use a parent/guardian’s PayPal account.
• If payment is not made in a timely manner (48h) after I have placed the Invoice, the commission will be canceled.
Repeated counts of commissioning a project and failing to pay will result in blacklisting.PAYPAL DISCLAIMER
• Please note that all of my sales are "Digital Artwork" and it is the Artwork "Intellectual Property" that is purchased by you, the Client.
• Nothing is ever intended by either me nor the Client to be physically shipped to them.
• I am not required ever to ship any item unless it was explicitly discussed.REFUNDS
• I can refund 100% of the payment only if I have not started working on the sketch.
• I can only refund around 80% if there are errors in PayPal fees, taxes and/or transfer fees.
• You are allowed to request a refund at any time, however the % of refund depends on the progress I’ve already made on your commission. Clients may check my progress at any time on my Progress List.
◦ Sketching (white) - 90%
◦ Lining (green) - 60%
◦ Colouring (blue) - 30%
◦ Finalizing (orange) - 15%
• After receiving a refund you will NOT receive the file of the piece I have been working on so far.
• If I cancel a project, I will reimburse the lost fees and refund 100%.
• If I agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your said deposit if you back out of the Payment Plan.CHARGEBACK
• You are NOT authorized to issue a chargeback for any reason.
• If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.
• You are required to contact me when you need to cancel a commission request.
• Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts.
• If you file an unjust chargeback against me, your right to everything I have ever made for you (adoptables, character designs, any obtained licenses to use of my works) will be retracted (non-refundable) and I have the right to sell the copyrighted artwork (as YCH) to new buyers.
You will be forbidden to ever commission me, Chaotic Garden, ever again.
Your username will be publicly posted everywhere I want for others to watch out for.
I also have every right to file a complaint and I have all the right to the money you have given me.