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Terms of Services

This is to ensure safety between the buyer and the artist (Encubi)!

 
Initiation


It is the responsibly of the client to provide detailed reference material of the subject matter / character(s), and/or a highly detailed written description
 
A. Picture References:

  1. Required: One or more detailed image(s) of your character/subject matter. Multiple images showing a 360 view of your character/subject matter are preferred (front, back, both sides, etc.)

  2.  Optional: A short, written description of key features of your request that may not be obvious in the reference images (five to ten (5-10) sentences maximum).

  • For example, if the request is for a picture of a character, it would be helpful to include personality, color scheme, pose, etc.

 
B.  Written Description:

  1. Required: No more than three (3) to five (5) sentences, describing physical details such a colors, markings, scars, accessories, powers, etc...

  2.  Required: Also include key personality traits such as girly, mischievous, angsty, emo, etc. (A reason for the traits is not necessary)

  3. Please refrain from sending any details or material about the character/subject matter that do not directly apply to the picture requested.

     
Pricing and Payment
 

Price will be agreed upon before the commission is started and will be based on factors such as complexity, details, and size.
Please note an additional Government mandated Sales Tax and Paypal fee will be added to the final price. 
All Payments are in USD and processed via Paypal.

  • Commissions under $60 ($USD) must be paid up front and in full before work begins.

  • Commissions $61 and over ($USD), the following payment plans are available. 


Payment Plan A: 2 installment payments

  • The initial, non-refundable payment of 50% is required before the commission is started.

  • The 2nd and last payment is required once the client is satisfied with the base sketch. This payment is due within ten (10) days of delivery of the base sketch OR within (10) days following delivery of any agreed upon changes to the base sketch.

 
Payment Plan B: 3 installment payments.

  • This Payment plan is reserved for commission purchases of $150 ($USD) or more. 

  • The initial, non-refundable 35% of the quoted price is required before the commission is started.

  • The 2nd payment of 35% is required once the client is satisfied with the base sketch.  This payment is due within ten (10) days of delivery of the base sketch OR within ten (10) days following delivery of any agreed upon changes to the base sketch.

  • The 3rd and final payment of 30% is required once the client approves the final low-resolution draft copy of the work. This payment is due within ten (10) days of completion of final work.


If the client has not made their payment within in the allotted time frames they forfeit their commission slot, any prior commission progress and any and all fees paid to that point. It is the decision of the artist if extensions may be granted. 
       
During Production
 

The client will be emailed or Direct Messaged (Discord or Twitter) a low-resolution preview of the piece as each pre-defined stage of the work is reached (stages vary depending on the nature of the agreed-upon artwork).
                  

  • Client has the right to request a total of one (1) major alterations to the sketch or line art before incurring additional charges for the extra time.

  • The one major alteration can only be requested during the sketch and line art phases without incurring additional charges.

  • Additional fees for revisions for major alterations will be charged at the rate of $15 per hour unless otherwise agreed upon between the client and the artist.


Refunds / Cancellations
Refunds are only available upon proof of artist neglect and will only be provided before completion or delivery of the final piece.

  • Example: If the client has made a payment, and has not received an update from the artist for several months to a year despite having made multiple attempts to communicate via email, DA notes, FA notes, Telegram etc. and the artist has not responded. The client has the right to request a refund. Please note if the client is refunded they will not receive any part of the work previously commissioned.

  • Client will also be refunded in full if the artist for whatever reason cannot finish the piece previously commissioned.

  • In the event the client cancels the request prior to completion of the work all fees paid to that point will be forfeited to the artist (Encubi).

  • Do not create a chargeback on Paypal, the artist, Encubi, will manually refund the client!

  • If you do create a chargeback, the artist, Encubi, will blacklist and ban the client from ever commissioning them (the artist) again!

 

Ownership and Usage Rights

The Trademark and Copyright of an original design or original creative production is generated automatically at the time the work is created according to US Intellectual Property law. The artist retains the right to display the finished piece in any personal gallery or use the artwork in any professional or promotional setting.

  • The artist retains the right to sell prints of the finished piece. If the client wishes the artist to not sell prints, an additional charge of $ 25-100 will be added. Sketches, Badges, Line art, tend not to be sold as prints.

  • The client may display the finished piece in any personal gallery or website as long as watermark/copyright is still visible or Credit must be given to the artist in some visual manner.

  • The finished art remains the intellectual property of the artist. The client does not have the right to trace, change, recolor, alter, sell or resell prints or reproductions of the piece in anyway without expressed permission from the artist. You cannot make a profit off of the piece in anyway. The piece is only to be used for the client's personal use.

  • The client does have the right to make head-shots, avatars, and signatures with the work as long at the watermark/copyright is shown or proper credit is given to the artist.

  •  The client may create up to three prints for personal use (display in their home or as gifts).  Client may also resize or crop the artwork to create icons, wallpapers, or other graphics to be used in non-commercial digital format, but the Client cannot alter the artwork itself. The client may also upload the artwork to their personal website or gallery, but credit is required, and it must not be any high resolution or unwatermarked version of the artwork.


By paying the invoice, the client affirms that they have read, understood, and agreed to the above terms and conditions.

For Commercial Art Commissions please contact us for more details at Alexplaysrpg1@gmail.com.

  • ​​Commercial Art Commissions: Art created for commercial purposes, primarily advertising (and selling) with the intent of promoting sale and interest of products, services, and ideas. ex. T-shirts, posters, banners, etc. 


Extra info:
Q. How long will the piece take? 
A. It depends on the level of detail of the piece, as well as where you fall in line on the Commission list. 
I will be sure to give you an estimate after Payment (or first payment) and after initial sketch is finished. 
Q. How will I receive my piece? 
A. I will send you a 300 dpi digital copy of your piece through email. 
 
When you contact me via DM or email, Please include:
-Your E-mail:
-"I have already read the terms and conditions and understand them." 
-Type of commission
-Reference(s) of the character/ detailed description of the subject matter:
        -including Sex/Gender, Age, and personality. 
-Pose:

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