Terms of Service for Commissions

§ 1

Definition of terms

In these Terms of Service, the following terms are used:

  1. Client – a natural person ordering a Commission;
  2. Commission – the form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” and “Project[s]” may be used interchangeably in Commission correspondence.
  3. Commission Agreement – The discussion, documented via email (or via any other communication service or private messages, e.g. on Instagram), in which the Artist and the Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to start working on a Commission, and – if applicable – the Commission deadline.
  4. Digital Commission – the type of Commission that is made and delivered digitally to the Client.
  5. Terms of Service – these terms of service, send via e-mail and available at: https://www.magdalenaolechny.com/terms-of-service-for-commissions.
  6. Traditional Commission – the type of Commission that is made with traditional media (such as gouache, watercolor, pencil, etc.) and shipped through the postal service to the Client.
  7. Artist – Magdalena Olechny conducting non-registered activity (in accordance with the Act of 6 March 2018 – Entrepreneurs’ Law), VAT EU: PL5472220616, e-mail address: contact@magdalenaolechny.com.

§ 2

General Terms

  1. By ordering a Commission, the Client agrees to these terms.
  2. The Artist reserves the right to stop working on a Commission or cancel a Commission request due to poor communication, inappropriate behavior, or a breach of Terms of Service by the Client.
  3. The Artist has the right to reject any order that she does not feel comfortable drawing for any reason.
  4. The Artist reserves the right to make changes to the Terms of Service without prejudice to the rights acquired by the Client on the basis of contracts concluded before the amendment to the Terms of Service.

§ 3

Payment and refunds

  1. All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. It is also possible to pay in Euro (EUR) or Polish zloty (PLN) if the Artist prior agreed to it in written form. The Artist will state the amount expressed in chosen currency and the Client is responsible for providing the correct amount, equal to the amount in the chosen currency.
  2. The Artist requires a 50% deposit from the Client to confirm a Commission slot. This deposit is non-refundable.
  3. The Artist requires the rest of the payment from the Client after sending the sketch or after eventual first free round of revisions of the sketch.
  4. All payments must be made with Stripe via invoice, which will be emailed to the Client after both parties agree to go forward with the Commission. Stripe offers several different payment methods, including debit and credit cards. More information is available at: https://stripe.com.
  5. All invoices are due within 7 days from receiving them, unless agreed otherwise. Invoices past the due date will be canceled, also canceling the Commission associated with them.
  6. If the Client requests a refund before the Artist informed the Client that she has started working on the Commission. The Artist reserves the right to retain any non-refundable deposits paid.
  7. If the Client requests a refund after the Commission has been completed, the Artist reserves the right to charge up to 80% of the total projected costs. The scale of the charge will depend on the discretion of the Artist and the stage of the project at the time of cancellation.
  8. If the Client requests a Stripe chargeback violating these Terms of Service, they will lose all the rights to the Commission and the Artist will have the full right to profit further from it in any way. The Artist will decline the chargeback and supply Stripe with conversations in which the Client and the Artist talk about the Commission and these Terms of Service. The Client will be blacklisted for commissioning the Artist again.

§ 4

Process and delivery

  1. The Artist will notify the Client when she has started working on the Commission.
  2. The Artist will send the sketch for the Client’s approval. At this stage, the Client has a right to one free revision. Such revision may apply to multiple parts of the image but cannot change the whole pose of a depicted character, resulting in a completely new sketch.
  3. After the first revision, the Artist will send a revised sketch. No further free revisions are allowed, except for minor adjustments. After this stage, major revisions will be charged according to complexity.
  4. During the reviews, the Client will see work-in-progress and these images will usually include a watermark and be smaller than the finished piece.
  5. The time it takes to finish the Commission usually varies from 1 week to 1 month depending on factors such as health, the complexity of the commissioned piece, and other work. The time stated here is approximate and specific dates and deadlines will be discussed and agreed on during the discussion between the Artist and the Client.
  6. The Digital Commission will be delivered to the Client via email in the form of a full-resolution (suitable to print for personal use) image, and a web-friendly size (for personal online usage). The delivered Commision does not include native files such as .psd, unless agreed upon previously.
  7. The Traditional Commission will be delivered to the Client through the postal service. The Client is responsible for any additional taxes, duties, and customs fees that may apply based on local regulations of the Client’s country. The fee may vary depending on the order value, country limits, and other factors based on the product itself.

§ 5

Copyright and usage policy

  1. The Artist claims the rights to the produced Commision. The Client only purchases the labor of the Artist. Therefore the Artist is allowed to use the copyrighted artwork to:
    1. Promote herself with it, posting and displaying the Commission on the Internet,
    2. Publish books with it (artbooks, etc.),
    3. Make prints and other products with it.
  2. The Artist may agree to not exercise some of the aforementioned rights if the Client requests it.
  3. The Client is allowed to:
    1. Use the Commission for personal use unless agreed otherwise (e.g., upload it on social media profiles, forums, etc.)
    2. Print the Artwork and claim the character(s) as their own, but not the Artwork itself.
    3. Use the Artwork to promote themselves. The client does not have to give the Artist credit when they post it but it is very appreciated.
    4. Use the Artwork on their Youtube channel and in monetized videos as long as the Artwork itself is not the main subject for the earnings.
  4. The following is considered copyright infringement:
    1. Reproducing/using the copyrighted Artwork commercially – means making money off it in any way.
    2. Claiming the Artwork as their own.
    3. Removing the Artist’s signature from the artwork.
    4. Altering the artwork without the Artist’s consent.
    5. Using the Artwork to train any AI models.
  5. The Client can buy full rights to commissioned Artwork. Details will be discussed individually on a case-by-case basis.

§ 6

Personal data and cookies

  1. The Artist is the administrator of the Client’s personal data.
  2. The Artist’s site (https://www.magdalenaolechny.com/) uses cookie technology.
  3. Details related to personal data and cookies are described in the privacy policy available at: https://www.magdalenaolechny.com/privacy-policy

§ 7

Applicable Law

  1. The law applicable to Terms of Service and contracts concluded online is the Polish law.
  2. The choice of Polish law does not deprive Clients from other countries of the possibility to use the rights granted to them by the law in their countries.
  3. The Artist and the Client agree that jurisdiction to settle disputes arising in connection with a Commision Agreement is Polish Common Court having jurisdiction over the place of residence of the Client.
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