These Terms of Service are relevant to all projects and are subject to revisions, editing, and additions without notice.

General Terms

01) The Client must read, understand and agree to all the ToS terms before entering into an agreement with the Artist. By sending payment, the Client automatically approves reading and accepting the ToS.

02) Communications about commissions between the client and Artist will take place either through mail at therbis@outlook.com or Discord for the purpose of record-keeping and consolidation. Discussing commissions with a Client using personal note or instant messenger will be up to the artist to decide if they want to use those platforms. 

03) Clear and concise visual references and/or description of a commission idea must be provided by the Client. After which a preliminary quote will be provided by the Artist. If no references are given, there will be additional costs for designing a character. If artistic freedom is chosen, edits can not be made except for character details the artist might have overseen in the process.

04) The Artist reserves the right to cancel a commission and issue a refund depending on the arts status, due to poor communication, rude or inappropriate behavior, or inability to communicate in clear/effective English/German, or unforeseen inability to complete the commission.

05) The artist will accept nsfw works on a basis of personal convenience. The Artist reserves the right to reject any commission for any reason.

06) The Artist is not responsible for lost or damaged files after the work has been sent to the Client. The Client must take care of not loosing their files.

07) The Artist may not be available to answer emails on holidays, scheduled days off work, or emergencies.  If you do not receive an email reply within 7 days, feel encouraged to resend your email / form. Occasionally client emails are lost in the shuffle or accidentally deleted.

08) If the commissioned work is a time-sensitive gift the Artist may delay public showcase at the request of the Client.

Prices

09) Displayed prices are subject to change according to the complexity, difficulty, size and medium of each individual piece. The client may add their Patreon name to get their % off, if it applies to them. 

Payment

10) Payments must be made in full within 7 days of invoice before any work is done. Payment plans are not available since Paypal offers this as it´s own function already. Once full payment has cleared, the Client‘s commission will be added to the Artist‘s work queue. 

11) Payments are accepted in EURO only, through Paypal or bank transfer. The artist will not accept payment in any other form. If Paypal is chosen, there will be a 7% Paypal fee added which the customer will have to pay. Payment shall only be paid, once the artist sent the invoice on Paypal or gave out their banking informations. If the client happens to send money on their own and ends up sending it to the wrong adress, it´s not the artists task to get it fixed.

Process

12) Clients will have the opportunity to direct alterations of the work during the sketch/thumbnail stage, and again at the flat color stage. Requested revisions that diverge from the above named stages may increase the length of time a commissions takes, and will be billed separately. Revisions can´t be made after the commission is complete.

13) Critiques and redline corrections for commissions above 200€ are welcomed to ensure the best result. Commissions under 200€ are considered small works, thus revised sketches are not factored into the price. There will be one rough sketch done guided to the customers wishes. This sketch can then be edited twice. If more sketches are needed, it will have to be paid seperately.

14) The Artist reserves the right to reject critique and redline pertaining to artistic skill or style preference (i.e. anatomy, coloring style, etc.) or if said critique reduces the artistic quality of the piece.

15) In the event that a client is unreachable by ordinary contact means (email) for 3 months or more, a refund will not be issued. The client is welcome to receive credit valid toward another commission at the Artists current rate (having rescinded their spot in line due to lack of communication). If the client is unreachable for 6 months or more, the payment is void.

16) The Artist may recycle sketches and preparatory works that were rejected by the Client for other commissions or personal works.The client is not allowed to use any sketches that have been produced whilst their commissions progress that didn’t make it to the final result. The client may also not reuse sketches or get them finished by another artist, which were made within a commission which they or the artist canceled.

17) The Artist ensures the Client will receive email updates on commission when necessary. If the commission is a small work (below 200€) there will be updates on sketch and color stages so changes can be made. Clients are encouraged to check in when they feel it‘s necessary for updates, assurance, reminders, or questions. Public updates will also be made via trello until the commission is done.

Copyright / Usage Policy

18) The Artist retains all the rights to the commissioned artwork, including the right to produce prints and merchandise, and to alter the commissioned work to make it more generic for print at the Artist’s discretion.The Artist retains the right to display all commissioned work on any personal website, gallery, or journal. If a Client finds their commissioned piece became a print in Therbis shop, they may request a free print for themselves, paying only the shipping (only counts for paper and photo prints).

19) The Client retains all rights to their respective characters. This does not allow them commercial rights to the commissioned image. (Can be obtained by purchasing a commercial license).

20) The Client may not profit from the artwork beyond the resale of a physical original painting or drawing (traditional media, not digital). This includes the sale of the digital files, or rights to the image. The Client may also not sell their commissioned piece as NFT!

21) The Client may create prints for personal use (display in their home or as gifts). Client may also resize or crop the artwork to create icons, wallpapers, or other graphics to be used in non-commercial digital format, but the Client cannot alter the artwork itself. The Client may also upload the artwork to their personal website or gallery accompanied by a credit line to the Artist, and it must not be any full resolution version of the artwork.

22) The Client is not allowed to give the commissioned artwork (no matter if sketched status or finished design) to a different artist and change the commissioned art in any way. If there are changes wanted on the design, they must be made with the original artist.

23) For being able to use your commissioned piece commercial, you will have to buy a commercial usage license. It´s price will depend on the size of the project, the planned usage and range (private person, local business or worldwide trader). The final price is always to be discussed first!

24) By buying a license, you only buy a single one (except clarified differently beforehand). If you plan to sell a license to different partners, the Client will have to buy multiple licenses from the artist. This can also be done after the project has been finished a longer time ago.

25) If the Client get´s asked about the original artist, the Client must tell and link them to the artists website www.Therbis.net .
Even if a commercial license got bought, the artist still keeps the right to post the work of the client on any of their own websites and portfolios.

Canceling / Refunding Policy

26) Refund policy is as follows; if the client wishes to cancel their commission before work begins, the artist will retain 10% of the original commission payment in Euro as a convenience fee. In the event of Client cancellation during the sketch/thumbnail stage phase, a 50% refund of original payment will be issued. No refund will be issued if the Client cancels after the sketch stage.

27) If the Artist cancels the commission, 100% of the original commission payment in Euro will be refunded to the Client. If the cancelation happened due to rude or inappropriate behavior of the Client though, the stage terms mentioned in 26) apply.

Artificial Intelligence (AI)
28) My work may never come into any kind of contact with AI! This includes before- mid- and afterwork of my art. Commissioned pieces may not be put into AI to generate new images or give it extra details. Any kind of AI training or use of my work in AI programs is strictly forbidden and I will take legal steps if used anyway!