Woofbyte / Woofsnoot
Art Commission & Design
Terms of Service
Before you confirm your agreement to these terms, please make sure you read and understand the entire agreement. Should you have any questions or concerns regarding these terms, please contact me prior to accepting, and I will happily discuss it with you. The following Terms of Service apply to all digitally or physically drawn or painted pieces and services provided by Woofsnoot / Woofbyte / Kyle MacDonnell (hereinafter referred to as Woofsnoot) and in the event of any dispute are governed by the laws of the United States of America.All work is carried out by Woofsnoot on the understanding that the client has agreed to the terms of service. By proposing a commission project to me, you automatically agree to the terms of service outlined here.
Payment for a project is also considered as agreement for the terms of service. Payment will be accepted in USD.Copyright
Ownership of the art itself is retained by Woofsnoot throughout the entire process, and indefinitely afterwards.
Woofsnoot does not claim ownership of characters or species that are owned by the client, only the commissioned piece itself.Woofsnoot retains the right to use the commissioned art, or any stages or variations of it, within printed and online portfolios, including promotional materials such as commission information pages.
However, as a courtesy, clients are welcomed to mark their commission as private if needed, in which case Woofsnoot will avoid posting the commission to social media and online galleries.If a commission is cancelled or does not pass the initial sketch phase, Woofsnoot continues to retain full rights to all artwork given to the client. Unauthorized use of this material is an immediate breach of this Terms of Service. Woofsnoot retains all rights to recycle and reuse any sketches or poses that are NOT used in a finalized commission piece.The client also agrees to not obscure, change, or remove the signature on a commissioned piece, as doing so will be considered a breach of this ToS.Payment
By agreeing to this terms of service, the client agrees to pay the full amount quoted by Woofsnoot in exchange for this commisioned art service. Payment plans may be given in extremely specific circumstances and agreed upon in writing.In the event of a payment refund, chargeback, or any other form of payment bounce in which the payment is taken back after or before the conclusion of a project, it is considered a breach of this ToS, and all ownership of the artwork and any designs made by Woofsnoot within the project is retained by Woofsnoot. In the event or a forceful refund / charge back by the client, the client will also be blacklisted from future commissions, and immediately be added to any available Artist Beware directories.Project Refusal
Woofsnoot retains the right to refuse or cancel any project at any time in the event of:
- Derogatory or insulting content, treatment, comments, or language to Woofsnoot or other clients.
- Usage or mention of knowingly unowned or stolen content being supplied for the project, such as a stolen character, or unwilling character owner.
- Project proposal that contains derogatory or slanderous content.In the event of a project refusal or cancellation for these reasons, if a payment has already been made, a 50% cancellation fee will be charged by Commiss.io to the client. If no payment has yet been made, a cancellation fee will not be charged.
Woofsnoot retains the right to blacklist or avoid clients that have given due reason to do.Blacklisting
Blacklisted clients are permanently banned from obtaining services through Woofsnoot, either directly or indirectly, and may not contact Woofsnoot in any form. This list is not public for privacy & safety reasons, but a copy may be requested at any time.Woofsnoot reserves the right to add any client to this blacklist for any of the above reasons at any time. Clients found to be acting as a third-party for a previously blacklisted client will immediately be blacklisted as well and any related projects terminated.Final Delivery
Woofsnoot agrees to supply the client with their commissioned assets at the conclusion of the project as digital files. No physical material will be supplied.Delays
Woofsnoot agrees to complete the commission in a timely matter, which will be quoted to the client at the project's beginning, but the client understands that the following conditions may cause unforeseen delays and unpredictable due dates:
- Illness, injury, or medical emergency.
- Fire, tornado, or natural disaster.
- Theft.
- Hardware, software, or technological failure.
- Other emergencies or issues outside of reasonable control from Woofsnoot.Agreement to this term is with the understanding that Woofsnoot will contact the client A.S.A.P. with any possible delays to the project under these reasons. Any indication given by Woofsnoot of a project’s duration or due date is to be considered by the client to be an estimation.Project Termination
The client retains the right to cancel the project before payment, or after payment, but not before the final files have been submitted and approved. In the event that a refund is needed, the client is REQUIRED as per this ToS to notify Woofsnoot, and discuss the refund first before filing any refund request with their payment processor.In the event of cancellation after payment, the client will be charged a 50% cancellation fee as outlined by Commiss.io's Moderate cancellation policy. (https://commiss.io/about/cancellation) In the event of conflict between this ToS and the one supplied by Commiss.io, Woofsnoot agrees to give authority to Commiss.io's ToS.In the event that there is no contact from Woofsnoot to the client for a time frame of 30 days in direct succession, the client retains the right to cancel the project and recieve a refund of any money paid for the project.Liability
Woofsnoot does not claim any liability to events or repercussions to the use of the commissioned piece after the conclusion of the project. Any disputes arising from the subject matter, characters, or usage of a commissioned piece is not the liability of Woofsnoot.Woofsnoot also claims no liability in the event of any legal disputes arising between unaffiliated parties after the conclusion of a project, such as theft of the client's artwork or character, or erroneous reproductions by unaffiliated parties.Alterations and Modifications
Woofsnoot agrees to fix character or content related errors in the commissioned piece for free, as many times as needed. This includes characters markings or design, or misunderstandings involving the subject matter.
This does NOT include anatomy / perspective errors, or errors that involve a higher skill level from Woofsnoot as an artist, as these errors may not be knowingly fixable at Woofsnoot's current skill level. These will be fixed on a case-by-case basis, but in terms of legal agreement, these errors are only fixed via courtesy if possible.Edits: An edit is considered any change requested to a previous stage of a commission, that was not an error as defined above. If color is being added and lineart is considered complete, requesting the lineart to be changed is considered an edit. Requesting changes to the current stage is NOT considered an edit.
Changes requested to a current stage are perfectly fine, just please stay within reason.Client agrees to, at most, only request 3 major changes & 5 minor changes per commission.Minor edit: Anything requiring less than 25% of the linework be changed, but enough to require more than a 5-minute edit. Such as part of the face to be redrawn or a hand to be redrawn.
Going over this amount may result in an edit fee for 10-25% of your commission price, billed to you for time and labor, depending on the severity of the edit.Major edit: Anything requiring at least 25% of the linework to be redrawn, such as an entire limb being changed or a pose change.
Going over this amount may result in an edit fee for 10-25% of your commission price, billed to you for time and labor, depending on the severity of the edit.Finished Commissions: If your commission has already been considered completed, the above section applies for up to 7 days from the day you receive your final files. If you require more edits after this date, you may be subject to an edit fee for 10-25% of your commission price, billed to you for time and labor, depending on the severity of the edit. This decision is made regardless of how many edits may or may not have been made during the commission process. Edits do not "rollover" and will not apply to new commissions for the same client.Edits will be considered on a case-by-case basis, but must still adhere to this Terms of Service.Woofsnoot claims no liability to alterations made by the client or a third party after the conclusion of a project, such as the addition of harmful text or imagery.