Theodore Berlanga
Terms of Service for Commissions
1. GENERAL TERMS
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I reserve the right to turn down a commission for any reason.
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Prices are subject to change based on demand.
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If you are interested in a commission for which the price is not listed e.g. backgrounds, reference sheets, tattoos, etc. I will determine a price for the piece based on complexity of the commission.
2. PAYMENT
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Payment is accepted in USD and can be paid through Ko-fi for a standard commission or through PayPal to PayPal.me/lazifyre for a custom commission.
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The invoice is to be paid in full before work begins unless otherwise noted.
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For custom commissions: after we have agreed on a price I will send you an invoice to be paid through email.
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For custom commissions: don't send me payment before I have agreed to the commission and requested that payment be sent.
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Once I receive payment I will begin working!
3. PROCESS AND DELIVERY
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I will not start a commission until I have any requested references and payment.
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Once I have agreed to take a commission I will create drafts/mockups that you can select a design from for me to continue developing. Depending on the complexity of the piece there may be fewer or more drafts.
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A sketch for the final piece will be sent to you for approval. Please be vocal about changes you would like so we are on the same page before I begin the final piece.
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If your commission will have color I will consult with you about palette before color is added.
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If a digital commission is requested, the copy received by the commissioner will be digital. Files will be sent as JPEG or PNG depending on the type of commission or file requested.
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If a traditional commission is requested, the commissioner will either be sent a photograph of the final piece, or mailed the original (there may be additional cost for shipping).
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Full sized, unwatermarked files will be sent after receiving the full payment. Only watermarked screencaps will be sent for approval before completion. The final version of the commission will have my signature.
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Please allow 2-3 weeks for your commission to be completed. If a requested commission is very complex there may be a longer process time which will be discussed before a commission is agreed upon and payment is processed.
4. REVISIONS
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In commissioning me, you are asking me to bring your vision to reality. I will do my best to make sure the finished product is what you were looking for. However, there are limits to what I will change.
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Extra may be charged for any changes to the concept agreed on after I have agreed to a commission and received payment.
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You get three rounds of changes on a sketch of the commissioned piece included in the price.
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Unless a misunderstanding on my end has occurred, there will be a fee for changes on the final piece.
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If there is a request to change something that was previously approved, there will be a fee associated. The amount of the extra charge depends on the change requested and is usually based on an hourly wage.
5. COPYRIGHT AND
USAGE
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I, Theodore Berlanga (the artist):
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I reserve the right to cancel and refund the order at any time for any reason.
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I retain all copyrights over the commissioned work.
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I will NOT claim intellectual property of the commissioned artwork.
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I will NOT further profit from the commissioned artwork unless you (the customer) break any of the terms.
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I reserve the right to post the commissioned artwork, including process videos, online on social media and in my portfolio. (If you want to share your social media handle with me, I can tag you when I post!)
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You (the customer/commissioner):
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You may upload the commissioned artwork on any website or social media, use it as a banner, icon, or wallpaper as long as the work is not claimed as your own and I am credited.
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You may not make profits from the commissioned piece (reselling, redistributing, making prints, etc.)
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You may not alter the commissioned work without my (the artist's) consent.
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You may not remove my signature.
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You retain the rights to the intellectual property (IP).
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You may not use the commissioned work for commercial purposes unless previously agreed upon by me (the artist).
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The following is considered copyright infringement:
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Reproducing/using the copyrighted artwork commercially e.g. making money off it in any way not excluded from these terms.
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Claiming the artwork as your own.
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Altering the artwork without my consent.
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6. CANCELLATION AND
REFUND POLICY
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A commission cannot be cancelled once I have been paid. This is because I often start the commission immediately after receiving payment and to avoid people demanding unreasonable design changes.
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If you are not satisfied with a piece, I will not give refunds or redo the piece as I have multiple stages of the process in place to avoid this. However, if I have missed minor details that have already been agreed to, and you would like me to add them in, I will if possible.
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If for any reason I am unable to start your commission, you will receive a full refund.
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Should there be any reason I cannot finish a piece, I will offer the work I have done for the price it would amount to with a refund for the remainder of the cost of the work not completed.
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If you are getting a refund, do NOT request a PayPal chargeback. I will transfer the money to you myself.
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If you request a PayPal chargeback at any point when you were not allowed to ask for a refund, you will lose all beforementioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the chargeback and supply PayPal with our conversations in which we talk about the commission as evidence that I have completed work for you. You will be blacklisted from commissioning me again.