Terms of Service

Thank you for being here and considering my work! ❤︎

This agreement is essential to protect the artist, Nystique Arts, and the client.

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By purchasing commissions from me, you acknowledge that you have read and accepted the terms and conditions.

If you fail to adhere to the Terms of Service, I reserve the right to decline any commission requests, which will result in an automatic rejection. Remember that my terms may change without notice, and you might want to reread them if you are a repeat client.

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Here is a brief of my terms, but I advise you to read through it all to understand it better.

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• By ordering any commissions from me, you agree you are 18 or older.

• Read through these TOS and PRICING before filling out the COMMISSION FORM.

• STRIPE & PAYPAL payments only in USD after you receive an invoice.

• Commissioner can re-upload the image with credits given to me, Nystique Arts.

• All artwork is for PERSONAL USE ONLY unless there is a mutual agreement through a contract for commercial use.

• Refunds are given based on how much work is done. Read section 3.2 for clarification.

• My artwork is prohibited from being used for AI generators or NFTs.

• For a full breakdown of the terms. Please read below. 

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 Section 1- Process & Delivery

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• 1.1 Client

By agreeing to this contract, the client, 18 years or older, acknowledges their full responsibility for their actions when hiring Nystique Arts as a freelance artist. The client will employ the artist based on the previously agreed-upon quote in the invoice. To ensure the artist understands your expectations, you must complete a commission form with a detailed description of your desired artwork. Once the client submits their form, they must provide images or references at a suitable resolution and quality for reference purposes. When hiring the artist, the client must be 18 or older and take full responsibility for their actions.

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• 1.2 Artist

After sending your request to the artist, they'll respond via email with a cost estimate and any additional information they require. If you agree to the terms and make the initial payment, the artist will start working on your commission based on your position in the queue. The artist will inform you of their progress and share their work-in-progress for your approval. If you request significant changes from the initial design agreed upon, it will be considered a revision, as outlined in section 1.3.​  

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• 1.3 Revisions

The client is entitled to one revision if a request is made. However, if edits are necessary, we will need to renegotiate the cost, depending on the extent of the modification. It's important to know that the artist may only accept revision requests if the client can prove that the artist did not follow the reference and details discussed in previous written communication or after the approval to start the artwork process. Additionally, if the requested changes significantly differ from what the client and artist agreed upon, the artist can decline the revision.

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• 1.4 Estimated Time

The artist will work on the commissions on a first come, first serve basis. The artist will give the best to their knowledge time frame, which solely depends on the artwork's complexity and the client's position in the queue. A 1-2 week turnaround is typically expected, but there may be longer wait times due to increased workload. If you need a quicker finished work, the client can rush the commission for an additional fee. Please see section 1.5.

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• 1.5 Rush Fees

If the client requires a quicker completion of their work beyond the current queue's capacity, the artist will add a rush fee to the quote. If the artist fails to submit the completed project by the approved deadline, they will reduce their price by 40% and eliminate any rush fee.

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• 1.6 Final Deliverables

The artist will send the final artwork in PNG format via email. If the file is too large, the artist and client will collaborate to find an alternative digital delivery method, such as using cloud services like Google Drive, One Drive, and Box.

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  Section 2- Copyrights & Permissions

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• 2.1 Copyright Ownership 

The artist has complete and exclusive ownership of the artwork. The client is not permitted to claim it as their own or use it for any purpose other than personal use. The distribution of the artwork for merchandise or promotional purposes is not allowed, and the client is prohibited from selling or profiting from the artwork unless there is a mutual agreement through a contract. The artist reserves the right to post the commissioned artwork online, in a portfolio, and in publications such as art books. If you have any questions, please inquire before commissioning the artist.

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• 2.2 Conditions for Reposting

The client has permission to repost the artwork wherever they would like, as long as proper credit is given to the artist and the watermark/signature remains intact and unaltered. Using the artwork as a profile picture and on social channels is acceptable.

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• 2.3 NFTs & Cryptocurrency

It is critical to understand that utilizing the artist's artwork to promote any form of cryptocurrency or NFTs is strictly prohibited. Please note that the artist does not endorse the use of NFTs, and my artwork cannot be used as an NFT or displayed on any website connected with the purchase, sale, or promotion of NFTs. Violating this policy may result in legal action against you or your organization.

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• 2.4 AI Art or AI Generators

It is strictly prohibited to utilize the artwork of the artist for AI-generated art on any software or platform. The artist does not endorse AI generators, and their artwork cannot be used as a reference or exhibited on any website that advocates or markets AI-generated art. Any policy infringement will result in legal consequences against you or your organization.

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    Section 3- Payments & Refunds

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• 3.1 Form of Payment 

Once a quote is approved, the artist will email an invoice to be paid before starting work. Payments can be made securely through either STRIPE or PAYPAL using the link provided in the invoice. The entire invoice must be paid before work can begin. For amounts over $180, clients may choose to make two equal payments. However, failing to pay the second half of the price will make the commission null and void. This failure means that the artist can use the partially-finished commission however they wish without issuing a refund for the initial payment. The invoice should be paid within 15 days unless otherwise stated. The client can only secure their queue placement if the invoice is paid within 15 days. Refer to the sections below for further information.

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• 3.2 Refunds

After completion of the work, the artist will not provide refunds, and the final payment will not be negotiated if still owed. For a client requesting a refund, specific percentages apply for the termination. Refund amounts vary based on progress: 100%, full refund if no work has begun, 65% for sketch, and 35% for lineart. No refund will be processed if finishing the work has started, which includes color and shading. If the artist can't begin work or needs to cancel the commission, a full refund will be reimbursed to the client. 

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• 3.1 Termination

To end a project, either the client or artist must send a written notice via email. If a refund is required, the artist must follow the appropriate reimbursement percentage within 30 days unless the client has unpaid fees. If the client fails to pay what is due from a half payment, the artist will keep the partially completed work and is not obligated to issue a refund for work already done. The artist will consider this null and void and add the client to a block list, preventing future commissions.

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Section 4 - Commercial & Licensing

 

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• 4.1 Merchandise Fee

Merchandise commissions are available and will add a one-time fee of 30% to the final price. A merchandise commission refers to anything that appears on a product the client plans to sell. Clients can pay a retroactive fee of 30% of the original commission if they choose to sell merchandise with the same design later. For example, if the client hires the artist in May and decides to sell t-shirts with the same design in September, they can pay 30% of the initial commission fee.

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• 4.2 Commercial Usage

The artist offers the flexibility to purchase commercial licensing before or after the creation of deliverables, with the cost dependent on usage. Further discussion can be had to determine the specific pricing.

 

• 4.3 Responsibility of Licensing

Clients must obtain commercial licensing for their designs and materials. The artist is not liable for licensing issues regarding the client's materials. The artist must secure commercial licensing for any images or designs not provided by the client.

 

• 4.4 Liability for Commercial Work

Under no circumstances shall either party bear responsibility or be held accountable to the other or any third party for any damages resulting from any aspect of this agreement. Such damages include but are not limited to lost revenue, foregone profit, lost business opportunities, costs of delay, or unsuccessful delivery. 

 

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-THANK YOU FOR TAKING THE TIME TO READ MY TERMS OF SERVICE AND CONSIDERING MY WORK. I HOPE TO BE HEARING FROM YOU SOON! ❤︎-