Terms Of Service

Terms of Service for Artistic Commissions

1. General Terms

a) Contact Information: Communication shall be conducted via Discord with the username @gad_ddx.

b) Civilized Communication: All interactions and conversations must be conducted in a respectful and civilized manner.

c) Satisfaction Guarantee: The artist commits to making every effort to fulfill both their own artistic vision and the customer's requirements. Any desired changes must be communicated and agreed upon during the drawing process.

2. Copyright and Sharing

a) Artwork Copyright: All artworks produced are subject to copyright and may not be used for commercial purposes by the customer without explicit agreement to the contrary.

b) Artist's Rights: The artist retains the right to post, share work-in-progress images, stream the creation process to third parties, use the artwork for commercial purposes, or promote it in any way unless a different arrangement is made.

c) Customer's Character Design: If the customer holds copyright for the character design used in the artwork, the artist reserves the right to use it for the commissioned artwork and for commercial or promotional purposes. The design itself will not be resold or used in other artworks.

d) Design Ownership: Whenever the customer provides a design for the artist to draw, the customer is obligated to inform the artist of the owner of the design.

3. Pricing

a) Price Estimation: The commission sheet and webpage display suggested prices only. The final price will be determined and communicated during the conversation.

b) Currency: All prices and transactions will be denominated in USD (United States Dollars).

c) No Free Requests: Free-of-charge requests are not accepted.

d) Commercial Use Pricing: Pricing for commercial use or 'private commissions' will be discussed individually for each project.

4. Sign-up and Data

a) Billing Information Form: Customers are required to fill out a billing information form with all their necessary billing details to comply with Polish Taxing Government regulations. In the event that any data is missing, it will be sourced from the PayPal payment report for documentation purposes.

b) Data Usage: Provided data will be used solely for tax reporting as per obligations from the Polish Government and will not be shared or used for any other purpose.

5. Payment

a) Invoice Issuance: An invoice for the full cost of the commission will be sent when the artist is ready to commence work.

b) Invoice Delivery: Invoices will be sent to the email address provided in the form.

c) Upfront Payment: A minimum of 50% of the total price must be paid upfront, although full upfront payment is permitted.

d) Tips: Tips are appreciated and welcome.

6. Process

a) During the process, the customer will be provided with pictures for the following stages:

Draft line sketch

Draft for shapes and colors, design integrity

Draft for light and composition

b) Customer Feedback: At each of these stages, the customer is responsible for reviewing the artwork and providing feedback to facilitate necessary adjustments.

c) Timely Feedback: It's imperative that the customer provides feedback in a timely manner. Failure to do so may result in certain changes not being applied, as reversing progress could be impractical.

d) Additional In-Process Pictures: Upon request, additional in-process pictures can be provided during the creation of the artwork.

7. Processing Time

a) Variable Completion Time: Completion times may vary, ranging from several days to a few weeks for a single piece, as the artist may be working on multiple projects simultaneously.

b) Expedited Completion: Expedited completion may be possible, but it must be discussed and agreed upon in advance.

c) Refund for Delay: If an artwork is not completed within 60 days, the customer has the option to request a full refund before the final artwork is provided, in which case the artwork need not be completed.

d) Measurement of Time: The time frame is measured from the point when the invoice was paid (initial transaction).

8. Final Product

a) Delivery: The final artwork, provided as a single-layer PNG file, will be delivered only after full payment of the invoice. Delivery may occur via Discord, email, or a shared OneDrive file link.

b) Resolution: The final artwork's shorter edge will not be smaller than 1800 pixels.

c) Viewing Scale: The artwork is intended to be viewed at approximately 25% scale, as it is optimized for a screen resolution of 1920x1280. Viewing at 100% scale may reveal artifacts and rough areas.

d) Artwork Expectation: For a better understanding of what to expect, please review artworks in the artist's portfolio at https://gadartwork.myportfolio.com/pinups.

9. Cancellation

a) Artist's Right to Cancel: The artist reserves the right to cancel a commission at any time, providing a full refund.

b) Customer's Refund: Customer-initiated refunds are not typically possible unless agreed upon otherwise.

c) Customer-Initiated Refund Fees: If a refund is initiated by the customer, the customer will be responsible for covering transaction fees associated with the refund.

10. 3D models, Referencing and Third Party Input

a) Non-Utilization of AI-Generated and Edited Artwork: It's imperative to clarify that the artist does not create artworks by generating images using artificial intelligence or by editing AI-generated images. The artist's process involves hand-painting on multiple layers, which typically takes around 10-12 hours for polished artwork.

b) Utilization of Third-Party Elements: In certain instances, the artist may incorporate photographs, 3D models, or synthesized imagery for background elements, textures, or various non-key items to streamline the creative process. These elements are used as hard-reference or used as base and repainted to ensure artistic originality, coherence and quality. For example: fishnets, lace patterns, tiles, posters, furnishings, feathers, scales, flowers, buildings.

c) High-Resolution Printing Considerations: In situations where a customer requires an artwork with a higher PPI (Pixels Per Inch) for high-resolution printing purposes, AI upscalers might be employed to ensure the quality and suitability of the artwork for such purposes.

11. Annotation

a) Modification of Terms: Any of the terms outlined above can be modified if discussed and mutually agreed upon by both parties.

By engaging in a commission agreement with the artist, the customer acknowledges and agrees to abide by these terms and conditions. These terms are subject to change, and any modifications will be communicated and agreed upon as per the annotation clause.