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CONTENTS
Click on any bubble to jump to the corresponding section of the Terms Of Services:
DISCLAIMER
In this Terms of Services agreement, I (FulconArts) may be referred to as 'I', ‘Me’, 'FulconArts' or 'The Artist'.
By commissioning me, you (The Commissioner) and I agree to and are bound by these Terms of Services at all times.​
Note that each section contains a summary box. This is for quick reference only - it does not determine any clause within this Terms of Services Agreement. Please note that this agreement is for both your and my security during the commission. A commission is made on the basis that we will both follow through with it in mutual trust and respect.
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Section 4 of this agreement (usage rights) may be subject to minor changes in the future. By following this agreement, you acknowledge this and agree to abide by any future changes made to this section. ​All prices mentioned in this agreement are shown in USD (United States Dollars).
1. REQUESTING a comMISSION
SUMMARY FOR SECTION 1
1.1
Please check that my commissions are open before commissioning.
You agree to be 18 years or older before commissioning me.
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1.2
To request a commission, fill in this form.
All communications with single commissioners will occur through e-mail only.
All communications with group commissioners (e.g. YCH participants, joint commissioners...) will occur through Discord.
We are bound to this agreement once I accept your commission idea.
1.1 - BEFORE COMMISSIONING
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Please check that my commissions are open before commissioning and sending in your request.
Once the commission is complete, I will use send the finished commission files to your e-mail address.
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By commissioning me, you agree to be over the age of 18 years old, regardless of whether the artwork is SFW or NSFW.
If you would like to commission a gift-art that is suggestive or NSFW in nature, I require the written consent of the character's owner. I will contact the owner in this case.
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1.2 - REQUESTING A COMMISSION
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As the artist, I have the right to decline or accept your idea. If I accept your commission idea, I will send you a price estimate based on the original idea and we shall continue to develop the idea from there. Note that the final price quote will be made based on the final sketch that we both agree on, and not on the originally proposed idea in this request e-mail.
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Note that you (the commissioner) and I (the artist) are bound to this Terms of Services Agreement as soon as I officially accept your commission idea and contact you back.
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All communication with single customers will occur through e-mail only.
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If you wish to commission me as a group (e.g. YCH), all communication will occur through a group text-chat on Discord. This way, everyone is made aware of any changes to the artwork and can discuss the course of the commission as well as freely and openly send references.
Before I begin work on the line-work, I will send a formal e-mail to each customer for payment and confirmation.
This e-mail is a receipt of your purchase of the commission.
2. DEVELOPING YOUR IDEA
SUMMARY FOR SECTION 2
2.1
The price of the commission is determined by the final sketch. Payment is made once we approve of the final sketch.
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2.2
I usually do not charge for changes before I begin to colour to the linework. Whilst colouring, minor changes can be made for free. Major changes may incur an additional cost but you will be notified of this before changes are made.
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2.3
By default, I can share work-in-progress screenshots of the artwork on my social media or stream myself working on the artwork. If you would not like me to do this (e.g. for a secret or gift-art commission), you may request it.
2.1 - Working towards a final sketch
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Once I accept your commission, I will add it to my Trello page (where you can keep track of your commission).
We will then communicate to create a final sketch. Once we have decided on the final sketch, I will supply a final price quote for the piece - this is the price you will pay for the commission.
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2.2 - REVISIONS AND ADJUSTMENTS
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After the final sketch, no major changes (e.g. adding another character, changing the whole scene) can be made to the commission without incurring a fee. If you would like a minor change, I can make those for free. You will be notified of any changes and charges before they are made.
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2.3 - Work-in-progress screenshots
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By default for any commission, I am allowed to share work-in-progress (WIP) screenshots of the piece on my social media, or stream myself working on the commission. If you would like me to keep this piece a secret until it is finished and would not like me to post WIPs, please let me know as soon as possible. For example, this may be the case if you want to request gift art for somebody else.
3. PAYMENTS, CANCELLATIONS & rEFUNDS
SUMMARY FOR SECTION 3
3.1
Payments are made through Stripe with a debit/credit card. Payment cannot be made with crypto-currency
Refunds can only be given due to fault of my own. Refunds can extend up to the full price of the commission.
If you file a charge-back fee, you will lose rights to the commission and the ability to commission me again.
In a YCH, it is the responsibility of the individual to pay their share of the commission bill.
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3.2
Additional versions of the artwork cost +5% of the commission price per factor.
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3.3
Only one discount / 'Current Offer' may be applied per commission.
Complex characters may incur a fee of up-to +20% of the commission price.
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3.5
If you have commissioned me before for a piece over $50, you qualify for a payment plan.
If you are a new commissioner, any pieces over $100 qualify for a payment plan, else you must pay up-front.
Payment plans will be discussed on an individual basis.
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3.6
Violating this agreement or behaving in a rude or untimely manner may result in the commission being cancelled.
This is the only circumstance under which I may cancel a commission - else I will follow through with the commission.
I reserve the right to pause work on a commission for reasons including if I become unwell or if I am unable to access my art equipment. I promise to be truthful and respectful and you will be notified of this.
3.1 - payments and refunds
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Payments will be made through Stripe with a credit/debit card via an invoice which you will receive by e-mail.
Payment cannot be made with any crypto-currency.
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No refunds can be given at any point once the payment has been made due to fault of your own, no matter the circumstances on your end. If I am unable to produce the commission however, due to fault of my own, I reserve the right to refund you up to the full amount of money you paid.
If you file a charge-back fee through the payment service, you will lose all rights to the artwork - after all, you commission me on the basis that you agree to follow through with the commission, as do I. Filing a charge-back is a breach of this agreement and will have meant that a lot of time and effort I have spent will have been wasted.
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In group commissions, it is the responsibility of the individual to sort out and pay their share of the commission bill. It is not the responsibility of any other commissioner nor the artist. In the case of a YCH, if a payment cannot be made within 10 days from when I state that payments should be made, you will lose the YCH slot and the slot will be put back up for sale.
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Upon violation of this agreement, I reserve the right to charge you retroactive fees up-to or equal-to the commission price. This will only be done in extremely rare circumstances if a huge majority of the work has already been completed.
You will also lose the right to commission me again. If the Terms Of Services have been violated by the Commissioner, and I cancel the commissions as a result, I am not required to provide a refund. Cancellations are done only in extreme circumstances.
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3.2 - versions of artwork
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You may wish to have multiple versions of your commission. Such versions may include different variation 'factors' such as clothing swaps/nudity, different props, or different expressions or fluids. I will provide all combinations of such 'factors' in the final artwork files, up to a maximum of 4 factors. Please note that watermarks do not count as a factor and you will be supplied with versions with and without watermarks.
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I charge for factors as they involve heavy reworking of multiple layers and lighting, and are very time intensive.
Each factor adds 5% to the commission price; for example:
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Artwork with a removable sports bra, jockstrap and sweat has 3 factors, resulting in a +15% charge and 8 different versions:
(Nude; Nude + sweaty; Bra-only; Bra-only + sweaty; Jock-only; Jock-only + sweaty; Bra + jock; Bra + jock + sweaty)​
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3.3 - discounts, TIPS & COMPLEX CHARACTERS
You can get a discount on your commission if you qualify for one at the time of purchase.
Only one offer may be applied per commission.​
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If you wish to tip me, please do this through my Ko-Fi. Thank you!
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Complex characters (e.g. characters with feathered wings) may incur an additional charge of up to 20% of the commission price depending on their visual complexity. This is because complex characters are a lot of extra work to get drawn right! This will always be discussed thoroughly before-hand as to avoid any surprises. If you are looking to commission me and would like to see if your character would warrant this charge, feel free to pop me an e-mail at the address shown at the bottom of this page.
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3.4 - PRICE CALCULATION
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The calculation of your commission bill will always be clearly shown to you before the payment is made.
The cost of a commission is calculated using the following formula:
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[Character Style & Crop] * [Character Complexity Charge (if applicable) ] * [Variations] * [Background Style] * [Current Offer]
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3.5 - PAYMENT SCHEMES
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Upfront payment: For commissions under the value of $100 USD, payments are expected to be made upfront in one full instalment for people who commission me for the first time.
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Payment Plan: Commissions which cost $100 USD or more will qualify for a payment plan. If you have commissioned me before for a piece of artwork costing more than $50 USD, you may also use payment plans for commissions under $100 USD.
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Should you opt to use a payment plan, you will pay the bill in multiple instalments over an agreed period of time. This must be discussed on an individual basis. Feel free to ask if unsure.
3.6 - cancellations & potential delays
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I reserve the right to cancel your commission if:
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Any of the Terms Of Services are violated.
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You (the commissioner) behaves in a rude manner.
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You (the commissioner) refuses to communicate, communicates poorly or communicates too slowly.
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You (the commissioner) sells or uses the conceptualisation sketch without my permission.
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I reserve the right to pause work on your commission on the basis that I am able to provide a valid reason for the delay. This includes but is not necessarily limited to:
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If (I) the artist is unwell and unable to produce art.
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If (I) the artist is away from home / drawing equipment.
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In the unlikely instance that I pause work on your commission, I will respectfully let you know by e-mail.
As the artist, I promise to be truthful and will not delay your commission unnecessarily.
4. USAGE RIGHTS
SUMMARY FOR SECTION 4
4.1
As the artist, I retain full commercial and distribution rights on any artwork I produce.
I may use the commission in merchandise but require your written permission. If you cannot give any permission or rejection within a month, I may use the piece in merchandise.
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You may use the commission for personal use freely. If you wish to use it commercially to make profit, we will need to discuss a commercial fee.
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4.2
You will receive a ZIP file with all the artwork (in original and upload sizes) with a text file containing commission details.
You may only upload the upload-size artwork(s) to public web spaces. This upload-size will be 1080p or greater.
4.1 - DISTRIBUTION RIGHTS
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As the artist, I retain full commercial and distribution rights on any artwork I produce. This includes but is not limited to using the artwork to promote myself and to display the artwork on my social medias. I also reserve the right to use the artwork in merchandise (e.g. art books) but with your written permission only, provided that you can give a response within a month.
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You may use the commissioned artwork for personal use only (e.g. printing personal posters or as a profile image), but not for commercial purposes (e.g. selling printed posters or stickers).
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If you wish to profit with the artwork by using it in a commercial fashion, please contact me and we will discuss a commercial fee.
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You must not make major alterations to the artwork.
You must credit myself where this artwork is uploaded. Feel free to add a story to it and credit yourself too!
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4.2 - WHAT YOU WILL RECEIVE
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Once the commission is complete, you will receive an e-mail containing a Google Drive link to a ZIP folder containing your commission. Inside the ZIP file you will find:
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A text file containing all commission information for future reference.
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Original-size PNG versions of the artwork
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Original-size JPG versions of the artwork
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1080p (or greater) Upload-size PNG versions of the artwork for web upload.
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1080p (or greater) Upload-size JPG versions of the artwork for web upload.
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Please refrain from uploading the original-size artwork to public online spaces as I may use the original-size artwork as a Patreon tier reward.
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Please note that you may upload the artwork(s) immediately after receiving them. There is no need to wait for me to upload them.
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If you have any questions at all, please feel free to email me at the following address listed below. I'll try to get back to you as soon as I can. Thank you!
Got any enquiries?