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Terms of Service

Last Updated: 29 April 2023
Subject to Change Without Notice.

• General Commission Info
• Copyright / Privacy / Use
• Cancellations / Refunds

Disclaimer

Please read the following page carefully. When filling out a form to request a commission, you will be required to acknowledge that you have read this page in full. These terms of service override any client terms of service. Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents. I reserve the right to change these terms and conditions at any time and you agree to abide by the most recent version of these terms. Any attempt to violate these rules will result in a permanent blacklisting of services.If you have any questions, feel free to contact me through Deviantart, Twitter, or Tumblr (@cosmalumi) or email ([email protected]). I will respond fastest through Discord (@Cosmalumi). If you haven't heard back from me within a week, don't be afraid to send another message!

Terms of Service Continued

• Disclaimer
• Copyright / Privacy / Use
• Cancellations / Refunds

Commission Process + Timeline

Commission slot openings are announced on my discord server, Twitter, Tumblr, and Ko-fi. The commission request form is open for 48 hours and slots are not first come first serve. People are notified of whether or not their request is accepted around one week after the form is closed. If your commission doesn't get accepted, most of the time it is because slots are filled up, and you are welcome to try again the next time commissions open. Please note that accepting a commission and starting a commission are different, and I typically do not start as soon as I accept a commission. When I am ready to start, you will be notified.Usually after receipt of payment and depending on the complexity of the requested piece, completion can be expected in 2-4 weeks. Client satisfaction and quality of the product are my top priorities and clients are sent progress images upon request as well as at the sketch, lineart, and flat-colour stages. If changes to pose, anatomy, expression, etc. is desired, the commissioner must let me know at the sketch or lineart stages. Any major changes past the sketch phase may cost extra.It is important to note that I do not work 100% in-list order. I may end up posting other art before your commission, whether it be someone else's commission, personal art, or otherwise. This does not mean I have forgotten your commission or am ignoring it. I work on multiple things at once, and some pictures take longer for a multitude of reasons. If at any point you want to know where I am with your commission, you can either check the queue, or you can message me and I will let you know where I am with it.

Prices + Payment

Pricing will start with a base price and may incur additional costs due to character design, outfit design, number of characters, pose/scene complexity, timeframe, revisions, and alternate image versions.Clients are required to pay in full for commissions of $100 and under, or at least half upfront as a deposit for commissions above $100. Payment plans may be used if the client would prefer. Please ensure that you have the funds to pay if you are requesting a commission.Payment is in USD via Paypal Invoice. Invoices will be sent when a price is confirmed and when I am ready to begin work on the piece. Do not preemptively send me any kind of payment beforehand. Payment is exclusively taken via invoice that I will send to your email. The invoice will outline the services agreed upon, and clients will be notified when the invoice has been sent.Additional payments may be requested later down the line, such as in the case of partially paid deposits, requested additions, or fees due to excessive edit requests or other extra work.I price my work based on demand and the amount of time and effort it takes to finish in accordance with my skill, experience, and quality. I determine the final price. Haggling or insisting on discounts is unacceptable and will result in blacklisting.

Additional Characters

Additional characters are added as if commissioning another character at 75% of the cost. They are subject to their own prop/complexity/etc. costs. Backgrounds and certain props that don't need to be redrawn would not need to be charged for again.If you're looking to commission multiple characters and are confused, feel free to inquire! I'm happy to give quotes.

Character References

My listed prices are for characters with readily available reference material (e.g. reference sheet or other commissions). Video game references are case by case and would need to be unobscured and in uncoloured, even lighting. Final Fantasy and Sea of Thieves characters/references may incur additional fees or be rejected.Mood boards, inspiration boards, and written descriptions are acceptable in the absence of standard reference only if they are comprehensive enough, but may be subject to a fee depending on the material provided, as I would still need to piece together the material to visualize the design myself.If you would like specific poses or moods, you may also share relevant images you have or create yourself (no matter how scribbly or messy it is, I absolutely don't judge— even stick people work well for this)!If changes and additions are desired later down the line due to insufficient description, it may also be subject to a fee. If you would like a character to be designed, or a part of a design, there will be an additional cost depending on how much work it requires (unless otherwise discussed).

Deadline + Rush Fees

By default, there is no set deadline unless the client provides a reasonable and meaningful deadline (e.g. a birthday gift, holiday piece, anniversary gift, etc). Other reasons may or may not be accepted and may be subject to a rush fee depending on the timescale, especially if you must be bumped up the queue in front of others. If a piece needs to be prioritized for any reason, this must be stated upfront. Rush fees are at least +25% of the commission, but may also depend on the project and timeframe provided.I may not accept certain requests if I feel there is not enough time to adequately complete the piece.

Artistic Freedom

Note that I will retain some level of artistic freedom and will not carry out something that is far too removed from my aesthetics simply because payment is being offered.I have the right to decline a commission for any reason if I feel uncomfortable or inadequate at my current level of skill. I will not imitate or recreate other artstyles. Additionally, I have the right to blacklist certain clients without providing a public reason.While I will certainly do my best, if what you want is beyond my capability to execute or far too different from what I usually do, you may be better off seeking someone who better fits your vision.

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Terms of Service Continued

• Disclaimer
• General Commission Info
• Cancellations / Refunds

Copyright

By commissioning me you are paying for my time spent making said artwork, not the copyright to the image as I do not sell copyrights to my artwork. I fully own the works I create and reserve the right to sign/watermark my work, as well as to publish, post, and display it in my portfolio and price sheets. Clients will receive the unwatermarked full-resolution files after payment is received in full.Intellectual properties (IP) I do not own (such as characters, concepts, designs, etc. that I did not make) belong to their respective owners. You may only commission me to draw things you own or have explicit permission to use, with the exclusion of fan art of popular media that does not prohibit profit over their IP. You hold all responsibility for what is being portrayed. If you happen to not have permission to commission a certain character/design, you will be the one who will have to deal with any legal issues that happen as a result.

Privacy

Works in Progress (WIPs) are shared with members of my discord server and occasionally in public in the form of previews and snippets. In addition, I often stream the drawing process on Twitch and post completed pieces at a lowered resolution on my social media. If you wish to remain anonymous and/or have the commission kept private, you may do so via the yes/no option on the commission form or by contacting me about it.Your commission may also be used for content for Ko-fi supporters, where I may share WIPs or progress GIFs. In this case, regardless of whether or not you are a patron, you will receive any byproduct made of your commission. You may also opt-out of this on the commission request form or by contacting me.

General Usage

If the client has not paid for the rights for commercial use, the commission is considered to be of personal use.Under personal use, the client may create and print for themselves or others to have or give as a gift, but absolutely no profit is to be made through any part of the commission work (basically, printing on products for yourself or others is fine, as long as you are not selling for profit!).The commission is free for the client to non-commercially use however they like, given that:

The above conditions apply to all reuploads/sharing of my art, commissioned or otherwise. The client may display their commissioned piece on external sites as long as it is visibly credited and linked back to me. Clients and other viewers are not authorized to change, modify, edit or use any of my works without my permission. Additionally, you are not authorized to trace over my artwork in any way, including using the artwork as a “base.”Unless previously discussed, you may not colour/shade/edit or pay someone else to colour/shade/edit my work.It is important that clients save their commission! I cannot guarantee against computer failure or accidental deletion or loss as it is not my responsibility to hold onto your commissions indefinitely. 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.In the case of an adoptable design, the client purchases all rights to the design and I will not reuse/resell the rights to the design once ownership is transferred to the client.

Commercial Usage

If you want to purchase art or a design for commercial use, you must contact me first to discuss the details of it. Commissions can cost 200-300% of the original price, depending on the scope of its commercial use, however, I reserve the right to charge more if I deem fit.Commercial use may be defined as follows, but are not comprehensive and may be added to at any point in time:

If you are caught using my work commercially without this permission, you will be issued a warning. If this warning is not heeded, you will be blacklisted and publicly addressed as a warning to other artists.

Non-Fungible Tokens / Crytocurrency / Artificial Intelligence Sites and Generators

Clients are not permitted, under any circumstances, to use any part of their commission for non-fungible tokens, otherwise known as NFTs. Use of my artwork for any advertising or profits associated with non-fungible tokens or cryptocurrency is strictly prohibited. I also do not accept cryptocurrency as payment.Note that I will never sell/resell any of my work whatsoever as non-fungible tokens. If my work is found listed as a non-fungible token or resold for cryptocurrency, it is not permitted and is stolen.In a similar vein, clients are not permitted to upload any part of their commission or any of my other art to Artificial Intelligence (AI) art generators or sites. Use of my artwork for AI training purposes is prohibited and will result in blacklisting.

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Terms of Service Continued

• Disclaimer
• General Commission Info
• Copyright / Privacy / Use

Cancellations + Pauses

I have the right to cancel a commission at any time for any reason. Similarly, the client may also cancel in the same manner, however, the refund given will be proportionate to the amount of work not completed. The unfinished commission along with other relevant material produced will be given to the commissioner upon cancellation. Abusive behaviour towards me will result in cancellation of the commission, potentially without refund in the most extreme cases.If you still owe future invoices due to partial payment and would like to pause your commission's progress due to situations such as financial hardship, please let me know! I will be more than happy to put the project on hold to continue on later, if you would still like it to be finished. I wholly understand and would implore you to take care of yourself first and foremost.

Refunds

If for any reason the client wishes to cancel a commission, the client will be issued a refund depending on what has been finished. In the event I am the one cancelling the commission or unable to finish the commission, I will typically offer a full refund. The refund must be confirmed by the client within 60 days, and the client will still receive whatever assets are done. If payment has not been made yet, then nothing is owed.

Any mostly-refunded/canceled/rejected piece may be repurposed into a YCH. Any resemblance to the original character will be removed. The commissioner reserves no rights to refunded work.

Chargebacks

Issuing a chargeback without contacting me to cancel/refund a project will result in an immediate and permanent ban from future commissions. Chargebacks are considered a method of abuse and exploitation, most commonly used as such, and will not be tolerated.If you want to cancel the commission and ask for a refund, you must contact me first.

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Frequently Asked Questions

What art program / tools do you use?

Tablet: Huion Kamvas Pro 13
Program: Paint Tool Sai Ver.2 & Photoshop CC 2015

When do you open for commissions? / How do I commission?

Unfortunately, commissions open rather infrequently at the moment because I have limited free time.I make announcements on my Discord, Twitter, Tumblr, and Ko-fi when slots for any commission types are open. You can also check the status page anytime to stay updated.When slots open, I share a link to a form you can fill out to request a commission slot. The form closes after two days and you will be notified within 1 week if your request has been accepted or not.

Why was my commission request denied?

Commission slots are not first-come-first-serve. This is so that people can take their time gathering references, think of how to word their requests, and read the ToS. Most of the time, the reason a commission is denied is because slots filled up.If it wasn't this, you should have been contacted with the reason why. If you weren't please message me, and I will let you know the reason.

I didn't get a slot. When can I try again?

You can try again as soon as the next opening if I'm still accepting the same commission types. I am more likely to accept requests from those that weren't able to get a slot in the past. There is no limit to how many times you can retry for the same request, as long as it was not rejected for a specific reason.

What will you draw? / What will you not draw?

Please visit this section of my ToS for a list of subjects I enjoy draw, am willing to draw, and will not draw.This list is not exhaustive and I reserve the right to deny a commission for any reason, even if it does not fit into one of the subjects in the "Won't Draw" category. If you're ever not sure if I'm willing to draw something, send me a message and I will let you know!

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