Commission Agreement & Terms of Service
The following Terms & Conditions are for the Commission of original artwork or designs from Veronika Benėtė, known as @verocliq and @verocliq.art in social media. The following information must be read fully and accepted before signing and dating the final Commission Agreement, which is legally binding.
Contact:
Contact at: verocliq.photography@gmail.com for all inquiries. All communication regarding Commission work is to be done through e-mail.
Type of Commission:
At the moment only digital art Commissions are available. The Client will receive a digital file of the artwork, suitable for printing. No physical copies of the artwork are included.
Payment:
- All prices are specified as Euros (€EUR). It is the Client’s responsibility to ensure that they have converted currencies based on current exchange rates.
- Full payments must be made prior to the Start of Work, or alternatively, a 50% up-front fee can be paid after the approval of the Commission Draft. In the event that payment is made in installments (i.e. 50% up-front), ownership of the Commission will only pass from the Artist to the Client on receipt of payment in full. The Commission will not be sent to Purchaser until the agreed payment amount has been received.
- The transaction fee (5% of final amount) is paid by Client.
- Payment method is determined as written in the Commission Agreement prior to the Start of Work (i.e. bank account transfer, PayPal). The Artist will provide their payment details in the Commission Agreement and Invoice.
- Payments are to be made within 28 days of receiving the Invoice, unless otherwise stated in the Commission Agreement.
- If the Client is under 18, the Client must supply contact information for a parent or guardian. The Artist reserves the right to contact the parent/guardian of an under-aged Client, to ensure that there is no breach in the Terms of Service, and the Client is able to pay for the Commission.
General guidelines:
- The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, “pornographic,” simulated sex, or sexual arousal) materials, fetishes, or any form of hateful, racist, violent or gory imagery.
- The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain reasoning for decline out of courtesy).
- The Artist reserves the right to stop working on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.
- The Artist will not reproduce a Copyrighted or Trademarked image or character without expressed written permission of its Copyright or Trademark owner.
- The Artist will not take on Commissions that have a) strict or short deadlines; and b) if the Client is not flexible on deadlines.
- If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the time-span in the Commission Agreement to eventually allow the Artist to publicly display the image.
- If you’d like the commission to remain private (not ever published anywhere), an extra can be charged.
- Under no circumstances may the Client submit a Commission to any kind of online or offline contest.
- The Commission may be displayed in online locations (e.g., “galleries”, such as Facebook and Instagram albums, DeviantART.com, etc.) as long as the credit is given to the Artist.
- The Client will not permit any use of the Artist’s name or misuse of the Commission which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Commission.
- The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases.
- The Client may not edit, alter, or trace the Commission without the Artist’s expressed written permission.
- By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original Commission, or as it applies to new Terms of Service agreed upon in a “Transfer of Copyright Agreement.”
- The Artist retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.
- Digital art Commissions will be provided to the Client via email or an online download location in .jpeg or .png format (PDF possible); this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist. Files will be of highest resolution and include both signed/watermarked and un-watermarked copies of the finished product.
- The Artist may use any images of the Commission for promotional purposes, unless otherwise agreed upon in the Commission Agreement. The Artist may also sell Limited Edition Prints or merchandise of the Commission (i.e. art books) only with written agreement from the Client.
- The Artist reserves the right to reuse sketches and design elements that were rejected by the Client for other commissions or personal works.
- The Client may request a preview of the Commission at any time during the creation process. Minor changes are possible at any stage (small details, colors). If a major change is required at an advanced stage (e.g. change pose), the Artist may charge a 25% extra.
Refunds and canceling:
- The Commission can be cancelled during the sketch stage and the Client will be refunded 50% of what has been paid.
- If Commission is being cancelled after the sketching stage, there will be no refund.
- The Client will receive a full refund if for any unjustifiable reason the Artist is unable to finish the Commission.
This document can and will be edited at any time without the need of further notice.
Process:
1. After the Client has read the Terms and Conditions above, checked Commission availability and price details, and made themselves familiar with the Documents required for a Commission Agreement, they can then contact the Artist about their proposal.
The Client should state the following:
- Commission type (i.e. retouching, composite, etc.)
- The subject matter of the Commission (i.e. portrait, scenery, etc.)
- Size specifications (i.e. canvas size, resolution)
- Deadlines, if any (must be flexible)
- References or examples (i.e. mood-board, etc.)
- Themes (i.e. series, etc.)
- Samples of images (i.e. low resolution previews of original image, etc.)
- Copyright expectations (i.e. Transfer of Copyright)
- Additional requests
2. The Artist will send the quote, informing about the price and time needed to complete the Commission.
3. After the up-front payment is received, the Artist will start working and send an initial sketch (or a couple options) to be approved or adjusted if necessary. The Client will be updated on the process a few times until completion. The Commission may take up to 1-4 weeks to complete. If delays arise, the Client will be notified.
4. After the Commission is completed, the Artist will send low resolution file for revision. The Client may revise the artwork for seven (7) business days and make minor changes if necessary.
5. The high resolution files will be emailed to the Client’s indicated email after the full payment is confirmed.
Required Client details:
Name. The Client must state their name for a Commission (full-names are not required).
Email. The Client is encouraged to contact the Artist via email (verocliq.photography@gmail.com). The invoice and Commission will be emailed to the Client.
Phone number. The Artist will not call the Client unless there is a conflict in schedule, payment, or a breach in the Terms of Service. The Artist prefers to use email for smaller Commissions and projects.
Instant messaging. The Client may request a different form of communication (e.g., phone call, Skype, Facebook Messenger, etc.) to discuss a project before signing a Commission Agreement. However, the Artist must have the Client’s email address when entering into a Commission Agreement after query and discussions are complete.
