I will draw:

I will NOT draw:

If you have an issue with any of these terms, they may be discussed with me prior to paying for your commissioned piece.

In this agreement document, the individual commissioning artwork (you) is referred to as “The Client”
The individual being paid to create the artwork (Me, Jay Brandon, Sllther, Jaggy, Thatdamndevildog) is referred to as “The Artist”
These terms will be used frequently and consistently in this document, to prevent any potential confusion.

1. General Terms

Prices and terms are subject to change for any reason at any time. The last date updated will be displayed at the top of this page.

Drawings may include a subtle watermark or signature that you may not alter or remove. You may also receive a watermark free version upon request.

Art commissioned is intended for personal use only, unless discussed and agreed upon prior to transaction.

The drawing process may be streamed on Picarto/Twitch/Facebook Live or recorded and posted on Youtube. Any completed artwork may be posted on social media as well.

The Artist reserves the right to refuse accepting an order for any reason. Revocation can take place at any point of the order, and the client will be reimbursed appropriately to the stage of the project. (see Reimbursement section)

2. Payment

The Client will not send any payment prior to agreeing to the TOS. After agreeing, the Artist will then request payment.

Commissions will be paid 100% upfront if $100 or under. Payment plans are available for anything above this price point, but the client will only receive the finished product once 100% paid.

Payment is accepted in USD, and only in digital payment transfer. (PayPal, CashApp, Zelle, Mobile Pay, etc.)
Cash may be an exception in person on a case by case basis.

3. Turnaround and Delivery

The Artist will notify the Client when they have begun work on the commission.  While working on the Client’s commission, the Artist will check in with Work in Progress images to verify satisfaction.

The amount of WIP’s depends on the complexity of the work and number of revisions. Rough sketches will not receive any, and fully rendered and painted images will receive at minimum 3.

Upon approval of the first WIP the rights to a full refund are lost; the amount obtainable is reduced to 50% of the original sale price. After a second WIP, a refund is not permitted typically. (see Section 7 for more info on refunds)

Turnaround time can vary depending on many factors. If anything comes up that will slow the progress of the initially estimated delivery time the Artist will let the Client know asap.

Once the piece is finished the Client will receive a full-resolution image along with a web-friendly size. Please note with digital work there will be no physical product (unless plainly stated).

Physical and printed digital work will be shipped within 14 days of completion. If more time is needed, the Artist will notify the Client asap. Please allow for any excess time after that point, as the Artist is not responsible for any delays caused by the mail carrier.

4. Revisions

The Client is allowed 3 small/medium alterations on the commissioned piece included in the sale price. 1-2 major changes may be accepted at the sketch stage, but may denied further on.

A fee will be added if requesting an alteration on a completed finished drawing - unless a misunderstanding from the Artist’s side has been made.

If the client wishes for the Artist to change something in the drawing they had previously approved,
an additional fee will be requested to change it. The amount of the extra charge depends on the change wanted.

If the Client’s reference is unclear to start with changes may come at an extra charge.

The Artist reserves the right to alter and shift colors on characters and environments as they see fit to better fit the scene and atmosphere. If the Client wishes to strictly keep a character’s exact colors, the Artist may refuse service.

5. Copyright/ Usage

The Artist claims the rights to the produced drawing, not the Client.

The Artist is permitted to use the copyrighted artwork to:

Promote themselves with it anywhere

Publish books with it (artbooks, etc.)

Display it everywhere to their liking (website, social media, etc.)

Post it wherever they choose.

The Client is permitted to:

Use the commissioned piece for personal use (can upload it on all social media profiles, forums, online clouds, etc.)

Print the artwork and claim the character(s) as their own, but not the artwork itself.

Use the artwork to promote themselves. They are not required to credit the Artist when posting, but doing so is very much appreciated.

Use the artwork on their Youtube channel or similar platforms and in Monetized videos as long as the artwork itself is not the main subject for the earnings.

The following is considered copyright infringement:

Reproducing/using the copyrighted artwork commercially- making money off it in any way.(selling characters is an exception)

Claiming the artwork as their own.

Removing signature from the artwork. (cropping is okay for avatars, etc.)

Altering the artwork without the artist’s consent.

The Artist retains the full rights to the image and it's use/distribution unless otherwise agreed upon (rights to the image for your own non-personal use may be purchased at any time from initial payment onward).

5a. Character Designs/Adopts

Designs sold for money may not be resold for a higher price than they were originally sold for (unless other art is added and increases the character’s worth)

Referring to the above point, purchasing designs with the sole purpose of flipping/price-gouging them is considered breaking these terms of service. If such behavior is suspected, the offending party will be immediately blacklisted and prohibited from purchasing designs in the future.

Upon payment, ownership of character is transferred to the purchasing party. The character’s toyhou.se page is either transferred to the new owner or deleted if they don’t have an account.

6. Customer Satisfaction

The Artist will do everything they can to ensure the customer’s satisfaction and happiness with their commission.

If client has a problem with anything in regards to the commissioned piece, they are encouraged to reach out so that a solution may be worked towards.

It is possible to change some of these terms if the Client asks before payment for the commission, within reason. (e.g., if the Client does not want the Artist to post their art anywhere until a date, or wish to remain anonymous, this can be discussed)

7. Refund/Cancellation

The Client may request a full refund at any point before the first WIP (Work in Progress) After this point a 50% refund may be given upon request. Once a 2nd WIP is sent, a refund will not be permitted. An exception to this rule is a commission taking a much longer time to finish than initially described (over 1 yr)

If for any reason the Artist is unable to start your commission, the Client will receive a full refund.

If the Client cancels their order before it is started, they will receive a full refund, no questions asked.
If they are getting a refund, it’s asked that they do not request a Paypal chargeback. The Artist will transfer the money back to you as soon as possible and communicate when it is sent.

If the Client requests a Paypal chargeback at any point when they were not permitted to ask for a refund, this TOS will be considered broken and void. The client will lose all rights to the commissioned piece. (mentioned in Section 5) The Artist will have the full right to profit further from the art in any way. (ie, using a sketch for a YCH). Furthermore, you will be blacklisted and prohibited from commissioning again.

By confirming your and sending payment, you are agreeing to these listed Terms and Conditions.