Terms of Service and Policy

CLIENT RESPONSIBILITIES:

Review and Acceptance: You, the Client, must thoroughly read, understand, and accept my Terms of Service (TOS) and Commission Prices before proceeding with any commission request.

Ownership and Claims: You must not claim my work as your own. Appropriate credit is mandatory (@JayIsAway.bsky.social). 

Restrictions on Use: The artwork cannot be used for redistribution, external projects, commercial or non-commercial purposes (e.g., t-shirts, stickers, mugs, public flyers) unless explicitly discussed and agreed upon.
I own all rights to my work. I may post commissions on social media or use it in my portfolio.
Listed prices are base price. 

Modification Prohibition: You are not authorised to change, modify, or edit my work in any form without explicit permission.

Tracing Prohibition: Tracing over my artwork or using it as a base is strictly prohibited.

AI and NFT Prohibition: Your commission, or any piece of my artwork is strictly prohibited from being incorporated into any AI process, or learning, at any point. You are not permitted to use AI-assisted tools to “complete” in-progress works (i.e. sketches, WIPs, etc), generate additional images resembling my work, or replicate my artistic style in any manner. Further to the above, at no point unless specified is my work permitted to be used in the creation of NFTs.

All art commissioned from me is not to be resold, used for AI training, used for NFTs, reproduced, traced, or any for-profit use. 

Communication: Timely communication is essential. I am not responsible for late deliveries due to a lack of prompt responses from you.

No Harassment: Harassment over my work speed is not tolerated, regardless of the time passed.

Agreement: By placing an order, you agree to these terms and conditions. Please review them carefully. 

ARTIST RESPONSIBILITIES: 

Service Provision: By commissioning me, you are purchasing my services as an artist only. 

Gallery Posting: I reserve the right to post your completed artwork in my gallery for any reason.

Right to Decline: I reserve the right to decline any project or client without the need for an explanation.

Refund Policy: I reserve the right to refund the full amount paid if I decide not to work on your project for any reason.

INTELLECTUAL PROPERTY RIGHTS:

Watermark and Signature: I reserve the right to sign and/or watermark my work. A full-resolution image will be provided to you without a watermark, but the signature will remain on all published versions.

Character Design Protection: You are responsible for protecting your ownership rights to a character design I create by adding your watermark when uploading the image on external sites.

Artist’s Rights: I retain all copyright over my work, including the right to use the image for sales or self-promotion unless otherwise agreed upon. For Public Commissions, I may use the art freely but will credit you for the character’s design.

Reuse of Artwork: I will not claim rights to a character design unless it was originally mine. I will not reuse or resell the artwork for personal or commercial projects unless agreed upon.

ORDERING PROCESS:

I usually take 3-5 days to respond to an initial order inquiry. 

When ordering, please provide as much written reference and reference images as you can. You are required to fill out the form HERE. Once your commission is accepted, I will message you on your selected communication channel.  I will only message through the contacts provided below.
It is your responsibility to ensure that your order includes all necessary details. I am not responsible for any dissatisfaction if no feedback is provided during the process.
I will do regular checks at set stages (finalising sketch, finalising line art, finalising colours.)  this is to ensure you are happy with the product.
I will provide a WIP for the sketch. Two major revisions are allowed during the drafting/sketch phase, and only minor adjustments within reason afterward.

Any changes requested after the sketch stage (or changes to the character or subject) will incur a fee, depending on the nature of the change.  

 Please understand that I will message you, you do not need to ask for check ins. Commissions can take anywhere from 5 days to 5 months, dependant on complexity and my current workload. I will be able to give you an ETA when you request a commission. This will be an estimate rather than a deadline.

You may set a deadline for your commission, which must be disclosed before payment. I reserve the right to decline projects with unreasonable deadlines. 

If no deadline is set, you must not send reminders until 4 weeks have passed. 

FINAL PRODUCT:

Style Consistency: There may be slight differences between the samples in my gallery and your final illustration. My artistic style cannot be altered.

Critique Rejection: I reserve the right to reject critiques that pertain to artistic skill and stylization, especially if they reduce the artistic quality of the piece.

Credit Requirement: Credit to me, the Artist, is required when you post or use the artwork on any platform.

Feedback: Feedback on the final product is allowed through private messages or comments. However, any rude, inappropriate, or non-constructive comments may result in blacklisting.
Once the finalized artwork is accepted, I will email you full res .png files of the work and watermarked .jpegs for social media posting. All works are digital, there is no physical product. 

PAYMENT:

I will send an invoice for the down payment of 50%. I will wait until I have received the down payment before I begin work. This money is a safety measure for me as a sole trader. All payments will be made through PayPal in AUD. Please refer to the price guide above for baseline prices. 

REFUNDS:

Full Refund: A full refund is only available if I have not started working on the sketch.

Partial Refund: Once the sketch has started, no refunds are available. However, I may refund around 80% if there are errors in fees, taxes, or transfer fees.

Cancellation: If I cancel a project, a full refund will be provided.

Payment Plan Refunds: If we agree on a payment plan and I start the commission after the first deposit, the deposit will not be refunded if you back out.