Commission TERMS OF SERVICE
Updated 5/1/2025 to add bullet 19 under Portfolio Usage
Original template credit to @elkcrown
This contract applies to the artist (the “Seller”) and the person purchasing (the “Customer”) custom work from the Seller (the “Product”). By ordering a Commission from the Seller the Customer agrees to the following terms and conditions:
TL;DR:
Please note this section is provided for the Customer’s convenience only, and is missing detailed information present in the full Terms of Service. In working with the Seller, the Customer is agreeing to the full, unabridged Terms of Service.
- Full payment is required upfront unless an agreement for an alternative payment plan has been reached by the Seller and Customer.
- Work will generally be completed within two weeks of beginning; the Customer will be informed of any circumstances delaying this timeline.
- The Product will be delivered digitally via email, unless requested otherwise.
- Reasonable amounts of revisions are covered by the original invoice amount, but excessive revisions (“excessive” being at the Seller’s sole discretion) may incur additional costs.
- Payment is required in USD.
- The Customer has the right to request a full refund if no progress is made for 30 days, or if the Product is not delivered within two months of work beginning, barring reasonable extenuating circumstances provided by the Seller.
- The Product is allowable for personal, non-commercial use only, and may not be resold.
- The Seller refuses the right to cancel any order at any time for any reason, conditional upon a full refund under typical circumstances.
- The Seller has the right to feature and share images of the Product as part of their personal portfolio.
PAYMENTS
1. Customer agrees to pay the amount due for any quote prior to the Seller beginning work, which will be invoiced via Paypal, unless otherwise agreed upon by the Seller and Customer during the quote process.
2. Any other payment schedule has to be mutually agreed before work on the Product commences.
3. Customer accepts that work on the Product will not begin until payment has been received by Seller.
4. If the Product is a VRChat avatar commission, the Customer agrees to uphold the Terms of Service of any product (avatar base, asset, etc.) with which the Seller will be working, including purchasing said products if they are not free.
PRODUCT DELIVERY
5. Under typical circumstances the Product will be delivered within two weeks of the Seller beginning work. The Customer will be notified of extenuating circumstances that may cause delays in this timeline.
6. The Customer agrees that the Product will be delivered digitally to an email address provided by the Customer, after any final payment (if applicable) has been received by the Seller, unless the Customer has provided an alternative preferred method of delivery.
7. Any other method of delivery, either digital or physical, has to be mutually agreed before work on the Product commences. The Customer is obliged to bear any costs incurred by alternative delivery method, such as shipping costs, material costs, etc.
8. It is the sole responsibility of the Customer to propose delivery method which works for both parties. The Seller cannot be held accountable for the Customer’s loss of access to the delivery method, loss of delivered files, impediments such as spam filters or any other technical obstacles outside responsibility of the Seller.
REVISIONS
9. The Customer has the right to request a reasonable amount of revisions during the process of creating the Product. However, the quantity of revisions allowable is at the sole discretion of the Seller; additional revisions beyond this point may incur additional charges, which the Seller will inform the Customer of prior to beginning any such work.
10. In the case of the Product being an avatar commission for VRChat, the Seller agrees to offer ongoing support at no additional charge for any issues discovered with the Product during usage.
CURRENCY CONVERSIONS
11. The Customer agrees to pay the total amount specified in USD.
12. It is the sole responsibility of the Customer to bear any currency conversion costs, bank transfer fees, payment provider service fees and any other costs involved in transferring funds to the Seller.
13. Payment is considered as received and completed only when the total amount received on the Seller’s account is equal to the invoice amount in USD.
REFUND POLICY
14. The Customer has the right to request a full refund if there has been no progress for 30 days, or if the Product has not been completed within two months. These provisions exclude work interruptions caused by unforeseen circumstances such as illness, accident or any other credibly documented reason for interruption of work.
15. The Customer agrees to reply to the Seller promptly during creation of the Product. Any failure of the Customer to reply promptly (within 48 hours) will be recognized as implicit approval of all work progress and the current state of the Product.
PERSONAL AND COMMERCIAL USE
16. The Product received by the Customer is for personal use. Any use of the Product for commercial purposes, resale, reproduction, or any other non-personal purpose must be approved beforehand by the Seller. This will require a separate agreement between the Customer and Seller defining exact conditions and financial implications of such use of the Product.
CANCELLATIONS
17. The Seller reserves every right to refuse or cancel any order, under condition of full refund, without giving reasons to the Customer.
18. Any disrespectful behavior will not be tolerated and may result in cancellation of the order. The Customer will receive a full or partial refund depending on the amount of work completed. The Seller will have the full right to refuse any service to the Customer in the future.
PORTFOLIO USAGE
19. The Seller reserves every right to feature and share images of the finished Product as part of their portfolio (including but not limited to on their personal website, social media pages, and anywhere else they may share their work), unless the Customer has requested otherwise and reached an agreement with the Seller. The Customer has the right to request their preferred form of citation wherever their Product is shared, or to remain anonymous.