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Juan D. Smith © 2021 - Privacy Policy - TOS

TERMS OF SERVICE

General Terms and Conditions

You guarantee that the commissioned artwork is only for personal use and that you will not resell or use the commissioned artwork for any commercial use. For commercial use please tell me and we’ll work out the extra charges and other details for those.You can:

The total or partial modification of my art is not permitted: you cannot edit, alter or claim it as your own.I retain all rights to my artwork and I am permitted to display the artwork in my social media like Facebook, Instagram, Twitter and etc. Should you have any questions or concerns regarding this, contact me. We'll work it out.

Payment

Payment must be either 50% upfront and 50% after the art is done or full upfront through Paypal or KoFi after I send you the invoice. If you have any delays in payment please tell me ahead of time.Refunds will only be given if I am unable to finish the artwork due to unforeseen causes or if you decide NOT to commission me anymore and I have NOT YET started the image. If the artwork is already in process the costs of the work already done would be deducted from the total amount of the refund.

Delivery Time

Average delivery time is usually between 1-2 weeks, once a commission is started, and depending on the complexity of the commission, and personal schedule.Any additional delays I will inform you ahead of time.If you have a deadline please include it in the request so I can review and determine if I'm able to meet it.

NONCOMMERCIAL TERMS OF SERVICE

These Terms of Service are relevant to NONCOMMERCIAL projects only and are subject to revising, editing, and additions without notice.The Artist retains all physical and digital rights to the artwork commissioned, and ask that commissioned work not be commercially distributed or publicly printed without credit and explicit written permission. The Artist retains ALL the rights to the commissioned artwork, including the right to make prints and merchandise. Image rights can be negotiated for an added fee.At least half of the payment must be made upfront, before I start working on the piece. If the artwork is finished before final payments are made, the Client will not receive the original paint/drawing or non-watermarked digital image of the commission until final payments are made. Should this raise any questions at all, please don't hesitate to contact the Artist.Any and all work completed can be used for display and portfolio purposes.The Artist reserves the right to reject critique and redline pertaining to artistic skill or style preference (i.e. anatomy, coloring style, etc.) if said critique reduces the artistic quality of the piece.If the client wishes to cancel their commission during the sketch stage they will be refunded 50% of what they paid.Pieces are done to order, however, at default, they are created approx. 3500-4500px and 300px resolution original file but I will send you the 1500px resolution one unless you request the higher resolution files. You receive the final file in full resolution with final payment in whatever format you wish. If you want a specific size, please state it up front.The Artist reserves the right to reject any commission for any reason.The Artist reserves the right to recycle sketches and preparatory works that were rejected by the Client for other commissions or personal works.The client must read, understand and agree to all the above terms before entering into an agreement with the Artist. By sending payment, the Client agrees to the above terms.

PRIVATE OR COMMERCIAL TERMS OF SERVICE

These Terms of Service are relevant to COMMERCIAL projects and are subject to revising, editing, and additions without notice.For Commissions, the general non-commercial TOS apply.After that there is an extra fee for the image's royalty (commercial licensing), there are several options you may choose:
Exclusivity means I can not profit off of the image (posters, t-shirts, etc) or sell its license to someone else. Only available for commissioned images, no pre-mades.
If the image wanted is a Pre-made and not commissioned by the client, the price from which the royalty fee is based will be an estimate defined by the artist. The price of the image itself WON'T be charged, ONLY the royalty fee. The image CAN be adjusted and cropped to fit a format, fonts can also be added, but it won't be artistically altered (colors, composition, repainting,etc). Feel free to inquire about the availability of a specific piece and its license price.Non-Exclusive License:• 2 year Non-exclusive license: Adds +25% of base commission price for a 2 year fixed term of non-exclusive licensing, for the first 1000 reproductions. After that this fee is reduced by 25% for each subsequent renewal.Example: ( Commission price 100$ = 25% of 100$ would be 25$. So it would be 125$ with the base commercial licensing price for the first 1000 reproductions, and for every 2 years more or every new set of 1000 reproductions it will be 25% less of the previous renewal fee extra. 1st Renewal would be 18.77$ (25% of 25$ =6.25$), and 2nd Renewal would be 12.5$ ((1st renewal) 25% + (2nd renewal)25% = 50% reduction therefore 50% of 25$ is 12.5$) ) and so on...• Perpetual Non-exclusive license: +50% of base commission price for the first 1000 reproductions.Example: ( Commission price 100$ = 50% would be 50$. So it would be 150$ for the lifetime non-exclusive license )Exclusive Liscence:• 2-year exclusive license: +100% of base commission price. After this license is finalized it can either lapse into non-exclusive at the end of the set period, or can be renewed for exclusivity for another two years for 50% of the previous license fee.Example: ( Commission price 100$ + 100% = 200$. So it would be 2x the commission base price. After 2 years it will become non-exclusive unless you pay 50% of the exclusive license which would be 50$ every two years (or set time agreed upon) renewal. )• Perpetual Exclusive license: +200% of base commission price.Example: ( Commission price 100$ = 200% would be 200$. So it would be 100$ + 200$ = 300$ for the lifetime exclusive license )Any of the options above is for printed copies, but also includes the use of the image for digital advertisement.The details of the project in which the image will be used MUST be discussed with the artist. The artist reserves the right to reject licenses to any project that doesn't consider appropriate or fitting.The commercial license allows the client to re-sell products containing the image and profit from it. Pricing of the product containing the image is up to the client.It is NOT permitted to re-sell watermarked or un-watermarked, unaltered versions of the digital image file. The image must be contained or be part of a physical or digital product, such as: Physical or digital book cover, music album cover art, game loading screen or cover art, physical prints, decoration, etc.The image will be sent as a .png, .jpg or .psd file. In case of pre-made images .psd files won't contain layers and will be compressed. For commissioned images, if layers are required this must be noted up front.The artist still reserves the right to share a low resolution, watermarked version of the image on social media.The client must read, understand and agree to all the above terms before entering into an agreement with the Artist. By sending payment, the Client agrees to the above terms.