Terms Of Service
Last Updated; 27th June 2022
By commissioning me (Jay Ellis/BlveJays Art, hereby referred to as 'I', 'me') for any service I offer, you (the client) accept these terms of service - if you do not agree with these terms, do not commission me, as you will be held to these terms and conditions throughout the commission process and after the commission is completed in regards with what you can and can not do with your finished piece.
Section 1; Pricing
- My prices are listed in USD, though I can accept the equivalent amount in any other currency. If paying by another currency, the price will be calculated at the time of purchase based upon the current exchange rate at the time.
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- I accept payment via PayPal or bank transfer (direct debit). Direct debit payment are only available for client who have a New Zealand bank account.
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- Commission prices are subject to change at any point, and new prices will be in effect for any new commission after the change occurs. This does not include if the client has already paid at a lower or higher price; they will not be refunded or charged based on the new prices.
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- I do not do holds. In the cases of buying adoptables, YCHs or limited time sales and other similar types of art, payment MUST be sent in 24 hours unless otherwise discussed. If you do not pay in 24 hours, your slot will be resold. Exceptions may be made for return clients.
- Payment will be sent before I start, payment plans may be accepted (see below)
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- Payment plans are ONLY available for orders OVER $50 USD. You may pay a minimum of 1/3 before I start sketching, 1/3 after you confirm the sketch for line work, and 1/3 after the line work is completed to begin on colour. Any payment plans will be discussed and agreed upon before you are invoiced, in a private message or email.
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Section 2; Refunds and Disputes
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- I will keep screenshots of all our correspondence during the commission process, including emails, invoices and other text based communication. The client is encourage to keep the same record so that it is accessible in the event of a dispute.
- I do not offer refunds of custom digital artwork once the line art is completed. If you want a refund before I start working you are eligible for a full refund, or a partial refund if I have started on the work (up to 60% of what you paid). Any fully lined, or partially or fully coloured work will not be refunded at any point.
- A refund can be claimed for any non-custom digital artwork (eg a premade character design) up to 30 days after the purchase date.
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- A refund can be claimed for any physical artwork/merchandise in the case it arrives damaged or incorrect, provided the item/s are shipped back to me. In this case, the item/s are required to have been shipped back to me before a refund will be offered - shipping will be covered by me.
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- If I decide I cannot do a commission I have started and you have paid for, a full refund will be issued.
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Section 3; What You Receive and Wait Time
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- Commissions will be completed within at most four weeks after I receive payment. If any delays occur or are forseen, I will notify you of any changes.
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- I will send you WIPs (works in progress) at the sketch, line art and colour stages. You may request edits at any stage, though large edits that require redrawing large parts of the piece may incur an additional fee. I will not edit once the work has been approved to post (completed), unless the edit is my mistake; eg - if I forget a marking.
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- If you want to check the status of your commission feel free to ask me on furaffinity, discord, gmail or messenger (whichever you have made contact with me on originally to order your commission) or just to see where you are in queue click here.
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Section 4; Art Use and Client Agreements
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- Save the finished work as soon as it is sent to you. I only archive one year of my work at a time, so by not saving it, you understand you may lose the high res files. When a commission is completed, these emails can be emailed to you at your request.
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- The commissioner is purchasing rights to slight modifications*, use and display the artwork commissioned under the creative commons license for personal use. This means the client may post to their own sites and pages, upload to a character storage such as toyhou.se and otherwise display/use the completed artwork for personal use only. Modification of any commissioned art piece must remain at least 60% recognisable as the completed commission (more details below)
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*The commissioner does not have the right to large modifications or to claim the intellectual property - this includes tracing, reference or otherwise using the piece as inspiration for your own work, and extends to commissioning another party to do these things. Commissions may be cropped to use as banners and icons/avatars.
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- I retain the rights to my intellectual property and copyright under the creative commons license, and retain rights to post to my own sites and galleries or use as examples of my previous works for new commissions. At no point does the client receive the copyright to the commissioned piece, and at no point should the client claim the artwork as their own IP.
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Please note; Intellectual property refers to the ownership of the intangible property that is the result of creativity - this does not refer to the rights to reproduce, edit, modify, or otherwise use for personal use, but instead refers ownership of the copyright. When a client commissions me, they buy the right to display, modify and use the artwork for personal use as part of their commission, but at no point does the client receive copyright or rights to the IP as part of the sale.
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Section 5; Private Commissions
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- I take private commissions. At the time of commissioning me or requesting a quote, the client must state that they wish for the commission to be private.
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- Private commissions are still included in my queue, and will be listed as 'private commission's. All details and identifying information such as character designs will not be included, and will instead be saved to my desktop for my use and then removed once the commission is completed.
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- I do not post private commissions to any of my sites, including patreon, however, the client may post the final work at their discretion in accordance with section 4 of these terms.
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Section 6; Purchasing Commercial Licensing
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- Commercial use of my art is not allowed unless the client buys the license to commercial use. Unless you purchase a commercial license, commissioned art is not to be redistributed in large quantities in the form of physical items, merchandise or digital downloads. You may create your own personal items (such as t-shirts, banners, posters and pins) or a small amount of free items for friends/family or your company, but this must not exceed 10 of any item in total per piece commissioned without purchasing the license.
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- The client only may purchase the license to their commissioned image for commercial reproduction. I charge a one-off payment for this license, and the license can only be bought by the person/s who originally commissioned the piece in question. I will not issue licences for my personal work. Note; Purchasing this license does not change the limitations on modification as stated in section 4 of these terms.
- The cost of a commercial license for the production of up to 100 items per art piece is calculated as follows;
value + (1/3 x value) = license price
Eg; if you have paid $60; 60 + (1/3 x 60) = 80
This licensing cost is ON TOP of payment for the piece, so to commission the artwork and the license it would be value + license price
Eg; If you are buying something for $60 as above, the total cost is $60 + $80 totalling $140
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- If you wish to create more than 100 items, the cost of the license will be increased, rates will be discussed on a case-by-case basis depending on the scale of the reproduction.
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Section 7; Blacklisting
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- I have a public blacklist containing names of person/s who have been blacklisted and the reason why. It is visible on my trello here; https://trello.com/c/wtG3KAWH/163-banned
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- Persons on my blacklist may not commission me, purchase premade items or buy physical merchandise. If you are found to be purchasing any of the above for a person on my blacklist to avoid this, you will be added to my blacklist and will no longer be able to engage in my services.
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- You do not have the right to ask another artist to copy my work. Doing so will result in blacklisting for you and the artist you commission or ask to recreate my work, and may result in a public statement naming both parties in regards to the theft of my work and IP.
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- You do not have the right to trace, copy or resell my work yourself. Doing so will result public statement as above, and a DMCA takedown if applicable.
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- You do not have the right to modify my work such as recolouring (aside from bases sold for this purpose), tracing part or all of any of my art pieces, heavily referencing my work/s or using a cropped or full version as an addition to your own image.
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- Unless you are the client who commissioned my work, you do not have permission to reupload my work. You may ask for it and in most cases I will allow it with credit. Posting my work uncredited or on pinterest (even credited) will result in a DMCA takedown, and possible public statement depending on the scale of the reposting.
The reason I don't allow posting on pinterest is as it comes up in google searches related to any tags used, and is more likely to be reuploaded and stolen due to the nature of the site itself.
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Reasons I blacklist;
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Personal Issues (Harassment/stalking/bullying/etc of myself/others close to me)
User has a history of scamming/theft of art/creative content
User has infringed on or disregarded the rights of others in the community (including racism, transphobia etc)
User is involved in illegal activity or groups that discuss/support illegal activity
Violation of my Terms of Service
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If youre not happy with these terms, do not commission me! By commissioning me you agree to these terms.