VVITCHBOLT Terms of Service

Featured on this page are the terms and conditions that you, the commissioner, are expected nd required to agree to upon commissioning me including but not limited to: payment, art usage, refunds, and more.You must be 18+ years of age to commission me.It is heavily encouraged that you take the time to read over each individual part of these conditions before committing to ordering a commission as commissioning me = agreeing to the terms here. Ignorance regarding the terms does not make you exempt from them. These terms are in no way legally binding, but refusal or inability to adhere to them will result in a blacklist from working with me further.If you have any concerns with anything addressed in here do not hesitate to contact me!--VIOLATION OF THE TERMS, DEPENDING ON THE SEVERITY, MAY RESULT IN A BLACKLISTINGLast Updated: 06.25.24

• Basics
• Art Terms
• Design terms
• Payment

• Basics
• Art Terms
• Design terms
• Payment

Basic OVERVIEW OF TERMS

I withhold the right to refuse or outright cancel a commission I do not feel comfortable taking on, charge additional fees within reason [while explaining said reasoning to commissioning parties], and use commissioned pieces in portfolios, as examples, etc. [unless the commission is private].I also withhold the right to update my terms of service at my discretion. HOWEVER, any changes made while commissions are on the queue will not apply to said commissions and the prior terms agreed to at the start of the commission process will still stand for each commission ordered before the change until said commission is completed.By commissioning me you agree that you have read over my terms of service and understand that I withhold the right to enforce and cite back to the terms featured here should any be broken.

My work may NOT under ANY circumstances be made into a non fungible token (NFT) or be exchanged for any form of cryptocurrency and may not be fed into any sort of AI-based learning program. If you see my art being distributed as such please contact me so that the party in question may be dealt with accordingly. Anyone found to be using my art in these ways will be blacklisted.You may NOT: trace my work, edit my work, claim my work as your own, etc.
You may NOT: sell any work I produce for you unless you have commercial rights.Commercial rights MUST be discussed with me and will be an additional fee on top of the original price based upon what product is being produced. Commercial rights may also be bought after the completion of the commission if requested.

• Basics
• Art Terms
• Design terms
• Payment

ARTWORK TERMS OF SERVICE

Commissions will not be accepted on a first come, first serve basis.Commission selection is based upon a variety of factors including workload both art and non-art related, commission type, character design, etc. In rare instances commission selection ay be affected by how well I feel I will be able to work with the commissioning party.If I feel I cannot execute a commission in a way both myself and the client will be happy with or do not feel comfortable with the user in question, I reserve the right to deny the requested commission on those basis.Do NOT claim the artwork you receive as your own.
Do NOT repost any image without permission AND credit.
(character storage sites such as toyhou.se are exempt from this rule)
Do NOT manipulate, edit, trace or copy any of my work.It is heavily requested that commissioners NOT redline, edit, or draw over my art during any stage of the art process and especially after the commission is completed unless explicitly given permission. I will more often than not allow redlines to be made if the commissioner asks first.

References

I require a clear, SFW visual reference for all commission types excluding customs.Any commissions requested with a written description of a character as the provided "reference" will either be denied or incur an additional design fee. This does not include slightly "out of date" references so long as the updates needed are somewhat simple/easily conveyed via writing or additional art.Visual references do not have to be complex, fully detailed sheets- so long as reference images are able to show clear markings and are unshaded they will be accepted, even if it is a cobbled together collection of other commissions showing off varying necessary details.Complicated designs may incur an additional charge/fee based upon how complex the design is.

Deadlines and Rush Fees

Commissions with deadlines will be considered based upon how short the deadline is.
Whether the commission will be accepted will be based upon how short the timeline is and when the commission is ordered [such as during a holiday, while the queue is long, etc].All deadline-based commissions will incur a rush fee. Rush fees are 15% of the cost quoted and may be raised at my discretion if the deadline is short.Shorter deadlines will be less likely to be accepted depending on how short the timeline is and what environmental factors may affect that timeline.

Updates and edits

Updates and WIPs will by default be provided for approval during the sketch phase and more often than not also be provided during the lining phase, as well as the coloring phase for characters who may be complex. WIPs may also be provided when I am stuck or conflicted about something.For customs (with the exception of special full art-lib customs) and reference sheets WIPs will be provided marginally more frequently and throughout the process to make sure everything is to the commissioner's liking.I can provide more updates during the process upon explicit request, whether that be at the initial commission request or at random points within the process. Please keep in mind, though, that just because you ask for an update does not mean you are guaranteed to get one, as I do occasionally take breaks in the middle of pieces.Edits may be requested during update periods to a certain extent. The stage of the commission and the edits requested may effect whether or not the edit will incur a charge. As a basic rule of thumb for edits:- Minor edits and adjustments, especially in the sketch phase, can be made without issue.
Minor edits may include: pose adjustments during sketch phase, minor marking fixes
- Major edits and adjustments made during or after the lining phase may incur a fee.
Major edits may include: pose changes, major relines, post-completion changesIf you have specific ideas in mind for things such as posing, expression, etc., even if they are rough, please be sure to let me know at the start of the commission! This helps me to avoid having to scrap sketches and helps to avoid an additional fees that may be incurred should the art have to be changed.

expected turnaround time

Turnaround time can vary greatly based upon a variety of influences.I currently work a full-time hybrid-remote job. It is my most art-friendly job, as I work two days in office and three at home. My busy periods vary on a case by case basis, including some required weekends and nights throughout the year. Much of my free time outside of work is split between art, general decompression, errands and my partner.For the most part commissions will typically take anywhere between a week to around 3-5 months. Factors such as commission type, timing [such as around holidays], current queue, mental wellbeing, and work schedule may affect how long it takes me to complete a commission. Commissions are currently worked on in batches, but in the event of a longer queue may be broken down further into types (ex. all icons at one time, then all fullbodies, etc).If a commission takes more than 5 months (to ensure they are still within buyer protection if PayPal is used) to complete the commissioner is within their right to request a full refund.NOTE: If multiple commissions are ordered at a time, the deadline to complete the order applies to each INDIVIDUAL commission, not the order in full.

• Basics
• Art Terms
• Design terms
• Payment

CHARACTER DESIGN TERMS OF SERVICE

By buying a character design from me, be it an adoptable or custom design you agree that you have read my terms of service regarding both character ownership and terms in reference to art and understand that all other terms of service apply.

rights included with basic purchase

The purchasing/commissioning fee that comes with purchasing or commissioning a design from me includes all rights including personal and commercial rights by default. I withhold no rights to the design; once they are paid for, they completely belong to the new owner to do whatever they please with.

You are within your full rights to redesign a custom or character however you deem fit. It is preferred that it remain recognizable for the most part, but as the owner retains full rights, they may do as they please.The commissioner retains the right to give the character/design any name, gender, identity, personality, etc. The commissioner may use the character in any way they deem fit including 18+ or vent-focused.

commercial rights and merchandise

While all designs automatically come with commercial rights including but not limited to: using a design as a mascot, making merchandise (such as charms, pins, stickers, etc.) including the design, etc, designs purchased with the intention of being resold as things such as suit adopts, pin adopts, plush adopts, etc. are subject to their own rules and expectations.Due to the nature of reselling adopts with physical items attached typically leading to profit far greater than the profit made off the adopt itself, designs bought for these purposes may be subject to an additional commercial fee. The commercial fee may vary based on a number of factors ranging from type of material good being included in resale, intended resale price, original price of the adopt, etc.Commercial fees will typically not be too harsh under the understanding that the selling point of a lot of these items also includes things such as manufacturing fees, supplies, the cost of time/work, etc. Commercial fees are primarily in place to insure that I, the original designer, can also be fairly compensated for something that I had created which is now being resold with more attached. It is in no way meant to dissuade other artists for their craft/work or try to "steal" profit from them- it's solely just to allow myself a fair cut of something my work is technically now a part of!I ask that buyers intending to turn the designs into a profitable resale item are transparent about this from the start to make things easier, and also because I love seeing that kind of thing!

recommended practices / courtesies

If you upload the design to Toyhou.se, please credit my account @VVITCHBOLTThe purchaser retains full rights to resell the design as they deem fit, but it is heavily preferred that when reselling, the base price is retained as the maximum asking price unless the design comes with additional artwork that would increase the asking price. [Trading and gifting can be done as you please].You are within your rights to resell designs or characters received in trades/received as gifts.

• Basics
• Art Terms
• Design terms
• Payment

PAYMENT AND REFUND POLICY

Payment will only be accepted via invoice on either PayPal or Square. Payments via Square are heavily preferred due to processing fees associated with PayPal.

Payment basics

Payment is expected within 72 hours of invoicing unless I have been informed of, and approved, delays and extensions. Maximum time that will be afforded before a commission is voided is two weeks.Commissions will not be started until payment is received in full. I will not typically accept payments outside of invoicing to insure that the proper amount is sent and any non-USD payments are properly converted and paid in full as well as to allow me to easily keep track of what is and isn't paid for.In some instances such as large adopt sets or gachas, a PayPal.me link may be provided in leu of an invoice, though this is usually reserved for familiar commissioners.

Refunds and cancellations

If a cancelation is requested at any point during the process of an active/started commission, a fee will be deducted from any potential refund based upon the stage of the artwork when the commission was cancelled. I will not automatically approve refunds.Reasoning for refunds must be approved for any started commission as commissions help cover bills, groceries, pet supplies, etc. If a refund is approved, commissions can refer to the following to get an idea of how much will be refunded:

Commissions that take longer than 5 months to complete [within reason] are eligible for a full refund upon commissioner request. For any approved refund, the art will not be completed and if the customer is refunded in any form they will lose rights to any stage of art that is completed.Commissioners may choose to get a lesser refund to retain rights to the artwork in whatever stage of completion it is in at the time of refund, which will stack on top of any percent I retain if any. Commissioners may not take the art to other artists to complete.