T.O.S. | Jam Artistries

Terms of Service:

By ordering a commission from me, Jamie/Jam/TheBartender ("the Artist"), you ("the Client", "(s)he/ they") affirm to have read and agree to be legally bound by the following Terms of Service listed below. Failure to abide by the Terms of Service may result in a rejected/ cancelled commission with or without a refund, and/ or a blacklist/ public service announcement. Please note that these Terms of Service may be subject to change without prior notice.

These Terms of Service are in effect as of NOVEMBER 12, 2023.

Section 1.1 - Will Draw
Section 1.2 - Will Not Draw
Section 2 - General
Section 3 - Image Rights
Section 4 - Delivery/ Turnaround
Section 5 - Payment
Section 6 - Refunds
Section 7 - Commission Process

SECTION 1.1 - WILL DRAW

The Artist is willing to draw any of the following:

Human(oid) | Monster | Anthro* | Simple-shaped
(*Anthros that lean heavily towards the feral side instead of human(oid) will be rejected)
Original Characters and/ or Fan Characters
Sonas
Fanart
(Completely dependant on character of choice)
Pin-up/ Light suggestiveness
Gore
Characters in appearance of the following age ranges:
1. Teenagers
2. Young adults (18 - 35 years old)
3. Middle-aged adults (36 - 55 years old)
Any couple type of any sexuality
This includes but is not limited to:
1. Canon
2. Crackship
3. Male x Female
4. Male x Male
5. Female x Female

SECTION 1.2 - WILL NOT DRAW

The Artist will not draw any of the following:

Feral
Explicit Sexual Content
Extremely heavy gore
(Ex. Detailed internal body parts)
Over complicated mecha
Elderly-appearing characters (56+ years old)
Toddler or child-appearing characters (10- years old)
Sexualized underage characters (in actual age and appearance)
Pedophilic relations
Incestuous relations
Morally harmful kinks/ fetishes
Discriminatory or hateful tones

SECTION 2 - GENERAL

The Artist has a right to refuse the commission for whatever reason, with or without explanation.
The Artist has a right to cancel the commission for whatever reason, with or without explanation.
(Please see Section 6 - Refunds for more information on cancellations.)
The Client has a right to cancel the commission for whatever reason, with or without explanation.
(Please see Section 6 - Refunds for more information on cancellations.)
The Artist has a right to upload the commission on any/ all social media (Twitter, DeviantArt, Toyhou.se, Instagram, etc.) unless specified by the Client beforehand to keep the commission private.
Payment is to be made after the Client has approved the sketch. The sketch will be resized and watermarked. The commission will be on an "on hold" status until payment has been received.
The Artist will not work with deadlines or rush orders.
The Artist does not work on a "first come first serve" basis. Smaller commissions/ commissions that do not take much time may be worked on in between larger commissions/ commissions requiring more time.
NSFW commissions may not be ordered. If the Artist has any reason to suspect a Client is underage while asking for an NSFW commission, the commission will be automatically rejected. And a public service announcement may be made.
The Client may contact the Artist at any time to ask for a progress check on the commission, but no more than once every two weeks. The Client is encouraged to contact the Artist via social media (Discord, Twitter, DeviantArt, Toyhou.se, Instagram, etc.).

SECTION 3 - IMAGE RIGHTS

The Client may make minor edits to the completed commission (ex. Cropping, Adding text/ borders, Changing Brightness/ Contrast/ Hue/ Saturation...).
The Client may use/ reupload the commission for personal/ non-commercial use, but only if proper credit to the Artist (Jamie/Jam/TheBartender) and a linkback to any of the Artist's social media (Twitter, DeviantArt, Toyhou.se, Instagram, etc.) is provided.
1. If the commission includes characters that do not belong the Client, additional credit to the owner(s)/ creator(s) of said characters must be provided when using/ reuploading for personal/ non-commercial use.
The Client may not use the commission for any commercial use unless discussed with the Artist beforehand.
1. Commissions for commercial use will be charged more than personal/ non-commercial commissions. Prices are negotiable.
2. If the commission includes characters that do not belong the Client, the Client can not use the commission for commercial use unless explicitly written permission from the owner(s)/ creator(s) of said characters is provided.
The Client may not claim the commission as his/ her/ their own work, whether (s)he/ they did or did not make any edits to the commission.
The Artist does not claim ownership to any of the characters/ subjects portrayed in the commission. Characters belong to their respective creator(s).
The Artist may also use art for examples or portfolio compilations, unless the commission is considered private.

SECTION 4 - DELIVERY/ TURNAROUND

All commissions will be done digitally.
1. There will be no hard copies.
2. The Client is paying for a service/ digital good and will not require any shipping of any kind.
All commissions will be done in the Artist's own style.
All commissions will be .PNG files and the Client will recieve a link to the image through Google Drive.
The Client may ask for a specific canvas size for the commission if necessary.
1. Commissions with a canvas size larger than 3000px will have an additional charge.
The Client may ask for the commission to be 300DPI if the Client plans to personally print the commission; however, there will be an additional charge.
Unless specified not to upload the commission to the public, commissions may be posted on the Artist's social media watermarked.
1. If commissions will be posted on the Artist's social media, it will be after the Client has received and approved the original and unmarked commission file.
2. The Client may choose to remain anonymous when the Artist publicly uploads the commission.
Depending on the queue, the estimated turnaround is about one (1) week to two (two) months at the latest.
1. If the Artist has to take longer than two (2) months to complete the commission for whatever reason, the Client will be contacted and informed of the status of his/ her/ their commission.
2. Reminder that the Artist is a real person. Personal and/or technical setbacks cannot be predicted. Please be patient with your Artist(s).

SECTION 5 - PAYMENT

Payment is to be made after the Client has approved the sketch. The Client is not to send payment upfront.
Payment is to be made via PayPal, CashApp, DeviantArt Points, or a Discord Nitro subscription only.
PayPal payment is to be done in USD (United Stated Dollar).
The Client does not need to pay extra for any of the PayPal fees.
DeviantArt Points payment is to be made using a Commissions Widget on the Artist's DeviantArt profile page. The Artist can set up a specific slot for the Client to pay through.
1. The Client may also send the payment for his/ her/ their commission through means other than the Commissions Widget (ex. giving the DeviantArt Points directly and/ or through the Donation Widget).
Payment must be sent within 72 hours after confirmation unless given extra time for any reason.

SECTION 6 - REFUNDS

If the Client cancels his/ her/ their commission for whatever reason, the Client will receive a partial refund, depending on how much of the commission has been finished:
1. 65% refunded if in the lineart stage
2. 50% refunded if in the base colours stage
3. 30% - 20% refunded if in the shading stage/ final touches
4. The Client will not receive any files of the commission except a sketch.
If the Artist cancels the commission for any given reason, the Client will receive a full refund, in addition to a .PNG file of whatever progress of the commission has been completed.
Refunds will be given within 72 hours after correspondence.
The Client will not be refunded if (s)he/ they are simply unsatisfied with the commission.
1. If the Client is unsatisfied with the commission, the Artist is willing to discuss and make minor edits (ex. adjusting colours), up to a maximum of two (2) times after correspondence. Any desired major revisions (ex. reposing, colour scheme change, etc.) will be rejected, or require extra payment.
2. The only free major revisions permitted are details that the Artist may have missed and was specified by the Client in the order form/ correspondence while the commission was still in the sketching/ lineart stage (ex. missing tattoo that's essential to the character's design).

SECTION 7 - COMMISSION PROCESS

The following is a sample of the Artist's commission process:

The Client orders the commission directly from the Artist through means of social media or the likes.
The Artist contacts the Client within 72 hours after the Client messaged, confirming the acceptance or rejection of the commission. Upon acceptance, the final price and details of the commission is confirmed.
The Client will receive a rough sketch (resized and watermarked) of the commission. Any and all major revisions should be done at this stage.
The Client approves the sketch. Payment is to be made (via accepted payment methods).
Upon confirmation that the payment has been received, the Artist will work on and finalize the commission.
Upon completion of the commission, the Client will receive the commission file via a Google Drive file (This is to keep the quality and sizing of the image). Only minor changes (ex. brightness, colour adjustments, etc.) can be made at this point. Any and all major revisions (ex. reposing, colour scheme change, etc.) will be rejected.
If permitted, the Artist may post a watermarked version of the commission on social media. It may also be used in art examples or portfolio compilations.

Originally written by Aurorean on TH