TERMS OF SERVICE
The terms of service provided are rules made by Sylvester Ferns (“I”, “me”, “myself”) to provide the most admirable outcome for the Buyer’s (“you”, “yours”, “yourself”) commission experience. By commissioning me or initiating a sale, you agree to the terms below, and any consequence, such as refusal of services or blacklisting, is not at the fault of myself.
01. General Buyer Information
- You are not allowed to, under any circumstances, use any part of commissioned or purchased material in blockchain-related technology, such as NFTs (Non-Fungible Tokens), cryptocurrency, or other content included within that group.
- My art is not allowed to be used to train neural networks or Artificial Intelligence (AI), nor submitted to any such programs to edit, stylize, or otherwise alter my original art. I will never condone the usage of Artificial Intelligence in art fields, and doing so with my art will result in a permanent blacklist.
- I hold every right to, at any point in the commission process, refuse or cancel a commission. At whatever point the art was cancelled (lineart, sketch, etc), you will be given the current finished section of the WIP to keep for no extra cost. If any payment has been sent, a full refund of any invoices made will be issued.
- I am a neurodivergent creator involved in many other projects, jobs, and personal hobbies that may delay commissions or other owed art. I ask that you remain patient and understanding when commissioning me, as I do not often have time to complete commissions in the same timely manner as other artists can.
- I treat all DMs regarding a business transaction as a professional environment. Please, to ensure I do not disregard your message, begin the conversation on the subject of goods and services. Your message may be ignored if a DM opens with only a "Hello!" or, "Are you available?", rather than a question or request.
- Please credit me when posting any content of my own making. Art theft isn’t cool!
- DO NOT edit art or other creations made by myself without permission. This includes adding text or using it in edits. Credit is NOT a green flag for usage when it comes to my commissions. You must ask permission beforehand.
- All creative media made to commission are automatically considered for personal, noncommercial usage. Discussion of a commission’s usage and official terms must have written receipts with agreement from both parties. Usage of my art for commercial usage without a written receipt and agreed-upon terms will result in a permanent blacklist.
- Purchasing creative media from myself automatically opts your purchased work into being used in professional portfolios, commission examples, and other business usage. If you have qualms with this policy, please contact me directly to have your commissioned creative media removed from the pool.
Continual and consistent nagging or interrogation within private messages regarding when an art piece will be completed may result in cancellation of the commission and/or blacklisting from my services. Friendly reminders are welcome; harassment is not.
F. Regarding Crediting and Editing
02. Commissions
Before commissioning..
- My reservation list for unpaid commissions has a deadline of 14 days. Commissions that have requested payment but not paid for in the 2-week time frame may be moved to the back of the queue until paid for.
- I am more than happy to alter my commission prices to accommodate a commissioner’s budget, however, I will never do commissions for free, shoutouts, brand recognition, or less than 50% of the original price.
- Commission deadlines or ‘Rush Hour’ orders must be confirmed before I begin the commission. Commission deadlines refer to a necessity to have a commission in by a certain time, such as for a gift. 'Rush Hour' orders will have an upcharge between 10% and 30% of the original price. I also hold the right to refuse Rush Hour orders due to outlying factors, such as personal life or a queue.
- All characters sent for commissions must have a clear, comprehensible reference. I will often decline commissions that primarily or only include a 3D reference, messy or hard to read reference sheets, references without a clear color palette, etc.
- Character context is always appreciated, such as poses, expression, personality, and other such information to help make the commission. A link such as a Toyhou.se profile or a personality blurb are incredibly helpful.
- Commissions that include complex characters may include a fee that is up to my discretion. Please be prepared to pay up to 25% extra if offering a complex character.
- Upon completion of the commission, the commissioner will receive two digital PNGs; one that is heavily watermarked and color shifted, marked as the 'Merchant's copy', and one that is minimally watermarked, marked as the 'Customer's copy'.
- Commissions will typically be 4,000px or smaller. This means they may be relatively big files! I am happy to compress or convert the file upon request.
- A commission cannot be canceled or refunded after completion.
- After completion, however, do not hesitate to speak up if you want minor tweaks to colors or other changes! They will be made at no cost. For larger alterations, see my redraw policy!
D. Character References
E. Delivery of Commission
03. Designs (Customs and Adoptables)
- Designs created or distributed by myself are owned wholly by the buyer. Buyers are allowed to set their own prices for resale and edit the design, story, or concept to their heart’s desire.
- My designs CANNOT be used for hate speech, NSFW, or expression against the existence of group(s) of people. Breaking this rule will result in a blacklist.
- Customs are eligible under my redraw policy. Please review V. REDRAW POLICY for more information. Adoptables or other flatsale designs are NOT eligible for redraws.
- Please, unless stated otherwise, if sent via Toyhou.se, do not remove my designs from the site. You can private or unlist it, but please do not delete them!
- Please ask before duplicating designs. This includes creating 'twins' or 'clones' of a character. If created, these 'duplicated' characters CANNOT be sold for profit.
04. Redraw Policy
- My Redraw Policy is a policy in place for those who have received fully paid commissions from me who need to have pieces changed or removed. Most of these changes are done at no extra charge, with a few exceptions.
- Commissions that have an upcharge due to the complexity of the redraw will be taken from the original cost of the commission. EX. $100 + 15% upcharge = $15 extra.
COMMISSION REDRAWS
- Removal of a character (free)
- Minor edits to colors (free)
- Minor edits to character features (free)
- Background change (+15%)
- Major edits to colors/features (+25%)
- Adding a character (+50%)
CUSTOM DESIGN REDRAWS
- Minor edits to design/colors (free)
- Addition of accessories (free)
- Minor edits to features (free)
- Addition of close up features, such as eyes, paws, etc (free)
- Addition of clothed or fur pattern reference (+15%)
- Major edits to design/colors/features (+20%)