LAST UPDATE: February 06, 2023
This contract applies to the artist, Ryan Maticka, further called Artist and person further called Customer purchasing from Artist a work of art further called Product. By ordering Product from Artist, Customer agrees to the following terms and conditions:
A. PAYMENTS
1. Listed prices, rates, and offered commissions are subject to change at any time. Quoted prices may be higher than the listed starting prices. Artist will provide Customer with a price to be agreed on before payment.
2. Customer agrees to pay the total amount specified in US dollars. It is the sole responsibility of Customer to bear any currency conversion costs involved in transferring funds to Artist.
3. Customer agrees to pay in full before work begins if the transaction is equal to or less than 150 USD. For all transactions over 150 USD, a minimum of half the total transaction price must be paid before work begins. The final half of the payment must be paid after Product is completed. Completed Product will not be sent to Customer until final payment is received.
4. Any other payment schedule must be mutually agreed to before work on Product commences.
5. Customer accepts that work on Product will not commence until payment has been received by Seller according to the above schedule.
6. Certain types of work may not allow for a split payment. In such cases, Customer will be informed and asked to agree on a different payment schedule before any work commences.
B. PRODUCT DELIVERY
1. Customer agrees that Product will be delivered digitally to the email address provided by Customer, after the final payment has been received by Artist.
2. Any other method of delivery, either digital or physical, must be mutually agreed to before work commences. It is the sole responsibility of Customer to propose alternative delivery methods which work for both parties. Customer is obliged to bear any costs incurred by alternative delivery method, such as postal costs, material costs, digital service subscription fees etc.
3. Artist cannot be held accountable for Customer’s loss of access to the delivery method, loss of delivered files, impediments such as spam filters or any other technical obstacles outside responsibility of Artist.
4. Upon delivery of the Product, it is the Customer’s responsibility to store it properly. Loss of Product due to negligence will not be reimbursed by Artist. Artist can not guarantee that the original copy of Product will be available in the case that Customer loses their files.
C. PROCESS
1. After payment is received for an order, and Customer provides the necessary information for the work to begin, the Product shall be completed within 90 days. If Product is not completed in that time, Customer is entitled to a refund per the Commission Refund Policy (Section F , Line 3) if Customer desires such action to be taken. Time does not include communications with Customer, such as waiting for replies to emails sent to Customer.
2. Customer agrees to contact Artist in a fast and responsive manner, responding swiftly to any requests for comments, clarifications, opinions, validation of progress etc. If Customer will not respond to emails or provide information Artist needs to progress Product within 30 days, Artist reserves the right to cancel the order and retain all funds paid. If Customer contacts Artist within 60 days from the time Artist cancels the order, progress may recommence on Product at the discretion of Artist.
3. Artist will provide work-in-progress files for Customer to review and to provide input on, further called WIP Check-In. Minor changes can be made at each WIP Check-In. Major changes can only be made before the final thumbnail, for Sketch commissions, or the final sketch, for Ink and Color commissions, is approved by Customer.
3.1 Major changes may be made during the later WIP Check-Ins at an additional cost. Cost may be waived if changes are due to Artist error in original clearly-stated requests of Customer.
3.2 Customer will receive a low resolution, watermarked preview of the Product with each WIP Check-In.
3.3 After the final WIP Check-In and approval from Customer on finished Product, Artist will send Customer the final invoice to be payed before finished Product is delivered.
4. Any part of the creation of the Product may be live streamed publicly by Artist. Creation of Product will not be live streamed at Customer’s request. If Customer watches live streams of the creation of Product, Customer may not request changes, major or minor, be made to the Product through live stream communication features (chat, donations, etc.). Changes may only be requested through email.
5. Artist reserves the right to cancel orders at any time for any reason if they issue refunds in accordance with the Commission Refund Policy (Section F, Line 2).
D. FINAL PRODUCT
1. Upon completing of the Product and receiving final payment, Artist will provide Customer with:
1a. three high resolution files of Product
- 16 in x 20 in, 300 dpi, TIFF file
- 12 in. x 16 in., 300 dpi, TIFF file
- 8 in. x 10 in., 300 dpi, TIFF file
1b. four low resolution files of Product
- Social media square size: 1080px by 1080px, 144 dpi, PNG file
- Social profile picture: cropped, 1080px by 1080px, 144 dpi, PNG file.
- Social media portrait size: 1080px by 1350px, 144 dpi, PNG file
- Phone wallpaper size: 1440px by 2960px, 144 dpi, PNG file
2. Customer may request different sizes for both high and low resolution files. Customer may request additional file sizes and file types. There may be additional cost for additional file sizes and file types. Changes and additions to file sizes and file types must be mutually agreed to before work of Product begins.
3. High resolution files will include Artist’s signature incorporated in Product.
4. Low resolution files will include Artist’s signature and subtle watermark in Product.
E. USAGE PERMISSIONS AND COPYRIGHT
1. Artist reserves the full rights to the Product and its use/distribution. Rights of reproduction and sale of reproductions (such as prints), is retained by Artist, unless otherwise agreed upon. The Product received by Customer is for personal use only. Any use of the Product for commercial purposes, such as reselling, reproduction, or publishing for reasons other than personal purposes must be approved beforehand by Artist. This will require a separate agreement between Customer and Artist defining exact conditions and financial implications of such use of the Product. Rights to the Product for Customer’s non-personal use may be purchased at any time.
2. Customer does not hold the right to use the Product in any blockchain-related technology, including NFTs, cryptocurrency, or future inventions in the space.
3. Customer does not hold the right to use the Product to train artificial intelligence or machine learning algorithms and models.
4. Customer will be provided with high resolution digital files of the Product, as well as low resolution digital files of the Product. The high resolution files are for private use only. The low resolution files may be used publicly, such as uploaded to a public website gallery, posted to social media, etc. Customer must always credit Artist in their public use of the Product, such as in the description.
5. Customer may resize and crop Product, but may not make any other modifications without prior permission from Artist. Images may not be cropped to remove Artist’s signature or watermark.
6. Work-in-progress images or files provided to Customer, during WIP Check-Ins, are for personal, non-public use only.
7. Product may not be used in any way deemed, by Artist, to be damaging to the public image or value of Artist. or for any illegal use.
8. Artist will refrain from selling prints of the Product.
9. Without Customer’s permission, Artist may grant 3rd party entities, such as websites and companies, limited copyrights to the artwork for the purpose of hosting or advertising Artist’s work and attendance at 3rd party owned events, etc. Artist will not permanently transfer or sell the rights to the artwork to such parties. Artist may refrain from using the Product in this way if requested to do so by Customer at the time of purchase.
F. COMMISSION REFUND POLICY
1. Once work has begun on Product, a full refund will not be issued.
2. If Artist cancels commission, a full or partial refund will be issued to Customer. Refund will be determined based on work completed.
3. If Artist exceeds the 90 day time frame (Section C Line 1), a partial or full refund will be issued at the request of Customer. Refund will be determined based on work completed. These provisions exclude work interruptions caused by unforeseen circumstances such as illness, accident or any other credibly documented reason for interruption of work.
4. Artist shall retain a 5% fee on full refunds.
G. PROHIBITED SUBJECT MATTER
1. The artist reserves the right to decline or refuse to produce work or artwork of any subject or topic. Customer is encouraged to ask about the subjects they would like drawn, if they are unsure if they are permitted. Artist will consider any subject matter not specifically listed below.
2. The following is a non-exhaustive list of subjects prohibited from being commissioned:
2.1 Minors (under 18 years old), or characters appearing to be minors as interpreted by the artist, depicted in a nude, sexual, or sexually suggestive way.
2.2 Hateful, obscene, inflammatory, racist, bigoted or otherwise offensive subjects, as defined by Artist.
2.3 Subjects depicting activities that would be illegal to create imagery of in the United States.