Please fill out the form bellow if you'd like to commission me. You will be contacted about your commission request. Please be sure to read my TOS before submitting a request.
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Please read through my TOS, once payment is made, it is presumed that you have read and agreed to my TOS.
Please take the time to read through my TOS before we agree to starting a project. This is to make sure we have a mutual understanding of what is going to be done.
This Terms of Service Agreement ("Agreement") is entered into between the Artist (ZombieBones) and the Client for the commission of an artwork ("Work"). By commissioning the Artist, the Client (You) agrees to the following terms:
Engagement
Client provides complete and clear requirements and expectations upfront, including reference materials or assets before work begins.
Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the work.
Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorized for use by the Client.
Client warrants that they have the authority to enter this agreement, be the point of contact and solely responsible for decisions and approval during the process.
Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to the Artist’s best knowledge.
Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
Artist warrants they will not copy or heavily reference unauthorized materials.
Artist reserves the right to refuse projects or requests based on content, subject, or other reason.
Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretion which may include private message through Discord, bsky, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.
If Client pesters, harasses or demands updates after Artist has provided information, Artist reserves the right to forward an entire movie script via the form of contact.
Content Restrictions
Artist will not create work that is offensive or inappropriate.
Specific restrictions include but are not limited to immoral NSFW, Political Imagery, Heavy Machinery/Detailed Structures, Characters depicted under 18 years old.
Timeline and Process
Work completion may take up to 6 months from start, and will vary depending on the project.
Timeline depends on commission type, complexity, workload and other obligations.
Artist provides progress updates and seeks client feedback voluntarily.
Final deliverables are provided by the Artist via Discord message or Google Drive link in a Zip format or similar file sharing platform.
If there are any delays and adjustments to the timeline, the Artist will inform the Client to the best of their ability.
Revisions
5 minor revisions are allowed. Minor revisions may be, but not limited to, adjustments to placements of markings, fixing jewelry/accessories, etc.
2 major revisions are allowed.
Additional charges for excessive revisions may be required.
Revisions may affect progress and timeline.
Communication
Ongoing Communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates and more.
Communication channels may include Discord DM, Twitter DM, BlueSky DM or Email (in order of best to worst communication method)
Artists response time may vary, up to 2 days in order to provide better or more concrete updates
Requesting communication and updates that extend past Artist’s availability will result in Project being put on hold or delayed. Artist agreed to updates throughout the Project granting sufficient updates.
Work in progress images may not be given in the case of very fast simple commissions such as YCHs. Revisions can be asked for.
Work in progress shots are also not given in the case of semi custom designs, as these specifically allow for artistic liberty and are often done very quickly once started.
Rights & Usage
Artist Rights
The Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch), WIPs (Work in Progress on Discord and more).
Client may request their work not be worked on during broadcasts (Twitch or other similar platforms), but must be done prior to initial payment.
Client Rights
Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section 6.c. for commercial rights.
Personal use means: display on social media accounts for promotional purposes with no direct monetization, such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.
Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.
Client must not edit or modify Work in any way without prior permission from the Artist.
Commercial Rights
Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, merch and so forth) or as agreed upon.
Commercial rights means usage of Work on streams with intent of profit, videos and other content with intent of profit, or any monetized instances as a part of any product, or on another platform.
Clarification, Commercial rights are the intent of using Artist’s work as a way to profit. This includes but is not limited to merchandise, stickers, digital assets, physical assets with the intent to make profit, or re-use of work on a finished product with the intent of profit..
Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited. Further clarification may be found in Section 6.d.
Additional charges will be required for commercial usage if not included, typically 2x of the original cost, but may vary.
AI/NFT
Art work is prohibited for use in any way to create new works via AI and ML.
New works created breaking this agreement in any capacity will result in a fee, refer to Section 7.f and Section 7.g..
Payment & Fees
Client may choose from the following plans or may be told a specific plan depending on work.
Full Payment - Full payment before any work begins, work will be sent upon final approval.
Invoices, proposals or payment link will be sent to the Client when Artist and Client have agreed upon the Work that will be created.
Clients must not send money before the requests for payment from the Artist as they will be recognized as a generous donation and will not go towards the Work pricing.
Payments must be paid within 24 hours or project may be canceled
Prices are all in USD, and paid via Paypal, Ko-Fi or other methods provided by Artist
Prices may vary or change depending on complexity, requirements and/or additional requests. For general pricing, see Pricing guide
AI generated art fee will be equal to double the initial price of the original Project for each work created.
NFTs created in association with Project will result in a fee equal to double the initial cost of the original project AND cost of crypto currency associated with work.
Cancellations & Refunds
If Client requests cancellation, the following may happen depending on status of Work
Client may request a full refund if Artist has not started the Sketch of Work.
If work exceeds the anticipated end-date.
If Artist no longer feels capable of completing the agreed upon work due to their health condition.
If artist no longer feels comfortable working with Client for any reason.
Work completed but not desired by Client due to cancelation, refund, or mass changes may be re-used by Artist for other means of profit.
This includes but is not limited to selling the undesired work and/or finishing the work for personal use
Confidentiality
The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.
If agreed upon, Semi-Public Discord postings may occur for Public WIPs showcases
Progress WIP postings will occur on Trello or other Social Media
Communication between Artist and Artist’s “Team” may occur, but will still follow confidentiality between the Artists involved.
Post-Commissions
Once a commission is completed, files related will be kept/maintained for up to 1 (one) month.
Requesting files to be re-sent may be requested at any point during this time frame
It is the responsibility of the Commissioner (Client) to backup their files post-commission
Indemnification
Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.
If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first.
Acceptance
Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
Agreement date is upon first transaction, not first communication.
Template for TOS originally by @keyokku, edited to reflect Artist’s needs by Intaro.
Last modified: December 17, 2024