Attaway

🍉
My
commissions
are
currently
NOT
open!

• back home

If you're interested in a commission within the future, please contact me via email ([email protected]), stating such in the SUBJECT container or contact me through Tumblr. DO NOT spam me if I do not answer in a timely manner. If my messages are off, that means I'm not actively open for work.

 ㅤBASIC RULES  ㅤ
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TOS MUST be read and understood before requesting a commission, and if denied or broken during the commission by you, the client, I will refund and blacklist you.
Payment is UPFRONT 100% before ANY sketches or progress is shown.
While I don't always post commissions, I do share wips occasionally. Please let me know beforehand if you would rather the artwork be private.
If you - the client - are a minor, please make that aware to me upon commission request. I do not do commissions for anyone under the age of 16.

 ㅤDISCLAIMER ㅤ This TOS is subject to change without notice, please be advised.
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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.By purchasing my services (art), you automatically agree to the following conditions as well as my rules which are public and will be reminded as necessary.
Clients are not permitted under any circumstances to use any part of commissioned work from pestiforousalt such as images, goods, and copies of goods in any block-chain related technology including NFT's, cryptocurrency, online AI "art", and the like. I WILL take action if my work is used illegally and against this ToS.
Any work by pestiforousalt may not be used to train, validate, or test any neural network or artificial intelligence. Doing so is in violation of terms and I will take action if this happens.
If you - the client - lie about your age to get around limitations, you will be blacklisted.

 ㅤUSER AGREEMENT ㅤ
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By commissioning me, you agree that you have read and accepted all of the terms described.
You will agree 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 a blacklist and if necessary, appropriate action will be taken.

 ㅤCLIENT ㅤ
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-You will be expected to first read my TOS and understand my general Commission Prices.-You may display my work on external sites (social media post, banner, profile picture, wallpaper, etc.) as 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 own work only.-You may NOT claim my work as your own.PLEASE only upload the smaller watermarked file publicly unless otherwise discussed.-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.-You may not use the Artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed.-You are NOT authorized to change, modify, edit or use my works.-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 it.By requesting a commission, you agree to these terms and conditions. Please read these terms carefully.

 ㅤARTIST ㅤ
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-By commissioning me, you are purchasing my service as an artist only.-I reserve the right to post your finished artwork in my media for any reason unless discussed beforehand.-I reserve the right to decline any project or client for any reason.-I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason.

 ㅤCOMMERCIAL USE AGREEMENT ㅤ
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-If you, the Client, wish to order a commission for Commercial use, price will be higher than a personal work. However, the total price of the commission, as well as any other royalties, will be agreed upon upfront.-I reserve the right to charge more if I deem fit.-The following 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).

 ㅤCOPYRIGHT ㅤ
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-I reserve the right to sign and/or watermark my own work. I will send you 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.-You are responsible for protecting your ownership over rights to a character design/artwork made by me by creating a copy image with your name added as well ( through a watermark) when uploading on external sites.-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. In the case of a Public Commission, I may do whatever I wish with the art (ex. post it to other sites such as Tumblr) but will give proper credit to you for ownership of the character’s design.-In the case of a commission, I will not claim the rights to a character design unless it was one of my own designs. Therefore I will not reuse/resell the Artwork for personal or commercial projects unless agreed upon.-In the case of an adoptable design, I will not reuse/resell the rights to the design once ownership is transferred to you, the Client.

 ㅤCOMMISSIONS ㅤ
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You are expected to have read and understood my rules and spoken with me to confirm the piece you’re looking to purchase has been accepted.-Your commission slot is only confirmed once you receive a reply from me discussing the details.-I reserve the right to make changes to your request as I see fit unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements.-If your commission is highly detailed in any aspect, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (ex. change a character, agree to simplified design changes) before the payment is complete.-Please make your request well worded with minimal abbreviations, so as to make the note clear to read.-Any emails, private messages, and comments that you send must be in English. Miscommunication due to mistranslation is at fault of the client if they cannot communicate in English.-Before taking part in any transaction, you are required to wait for a reply so that we can discuss the details.

 ㅤPAYMENT ㅤ
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-I am not responsible for any mistakes that are made on your part over the course of the payment- however, I am lenient, and don't mind refunding an accidental payment if necessary.-I will 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.-After 100% of the payment is sent, I will start Sketching. The Sketch will then be sent to you.-Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment. Failure to comply will result in refund and potential cancellation of your commission.-I will cover the Paypal fees as it is expected from the Artist per PayPal ToS.vvvPAYPAL DISCLAIMER
Please note that all of my sales are “Digital Artwork” and it is the Artwork’s “Intellectual Property” that is purchased by you, the Client. Nothing is ever intended by either me or the Client, to be physically shipped to them.REFUNDS
I can refund 100% of the payment only if I have not started working on the sketch unless discussed and agreed otherwise by my own confirmation.
If I cancel a project, I will reimburse the lost fees and refund 100%.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 an immediate blacklist including side accounts.

 ㅤWIPS AND FEEDBACK ㅤ
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-I will only send WIP (Work In Progress) images and screenshots AFTER 100% payment in form of a .jpg or .png in attachment of the email or direct message.-The responsibility is on you to ensure your order contains the details you want me to follow. I am NOT responsible for any unsatisfactory element of the finished design if no feedback was given to amend it. If no suggestions are requested the client is held responsible for dissatisfaction with incorrect details.-I will only send a WIP for the sketch, but you may request a WIP at any given time. However, I don't recommend asking repeatedly to avoid interruption of workflow.-Up to two major revisions can be made during the drafting/sketching phase of the commission. Only minor adjustments within reason can be made afterwards.-I will not be held responsible for any changes in ownership of the said character.-After the commission is completed, minor changes such as color adjustments or inaccurate details are allowed if the missing or inaccurate elements are my fault (such as accidentally overlooking something compared to final works).-In the absence of feedback from the client, I will stop working on it and possibly move on to another piece if called for. But priority is mainly to current paid works.-I will not redraw a completed commission unless payment is received for a second order.

 ㅤFINAL ㅤ
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There may be slight differences between the samples in my example pieces and the illustration you will receive. That is a simple affect of style changes and learning, as I myself am acquiring new skillsets and knowledge daily for artwork improvement or change.-The commissioner must respect that my artistic style cannot be altered.-I reserve the right to reject critiques pertaining to artistic skill and stylization, and I am in the right to refund and deny the request if persistent or unkind.-Credit to me, the Artist, is required when you post or use it on another platform.-You, the Client, are responsible for saving any information, images, and other digital data I provide.-Any file you 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 or 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 paid for it, as you should have your own copy for personal use.-Feedback of the final product is permitted after completion of the piece, through private messages or comments.-Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.