Updated on 30/07/2020

Terms & Conditions
Of Service And Of Sale

=> If you commission art from me, you agree to the conditions below <=

Make sure you read my pricelist thoroughly as well as my TOS before commissioning me.
If you don’t find the info you’re looking for here, send me a note on FA, a message on Twitter, Facebook or DeviantART, or an email at swarthylacine[at]gmail.com with any question you may have.

_______CLIENT/ARTIST RELATIONSHIP & COMMISSION PROCESS

When my commissions open, I make a public announcement (it can be through a journal or submission on FA, a post on facebook or deviantart). My commission status is also always stated on my website and Furaffinity profile.
I open for a limited amount of slots each time because I like to keep my queue as short as I can, it is never longer than 2 months worth of work.

I reserve the right to refuse any commission request without explaining why.

I don’t work with client-requested deadlines, unless you are willing to pay a rush fee of 50% on top of the commission price to be placed at the top of the queue.
If you don’t want a rush order, you will be given an estimated date of completion once full payment is received and your place in the queue is confirmed.

As soon as payment is received, you will be required to provide a full character reference with multiple views or several pictures of your character showing them under different angles.
Depending on the type of commission, I will give you a short form to fill to give me an idea of how you’d like your character to be portrayed.
Artistic freedom can be requested if you trust my instincts to portray your character, but I will only tolerate a few minor changes to the artwork. Artistic freedom isn’t discounted.

I value professional communication and reliability, don’t hesitate to inquire about your commission at any time ! I can’t update you personally on the progress in my queue, but I update my work in real time on my trello board so you can see commissions being completed one by one.
Once I’m ready to start your commission, I will notify you through your preferred communication channel and then send you a WIP at every step of your commission’s process so you can approve every aspect until it’s done.

• View my commission queue here : https://trello.com/b/OioQsYrj •

Keep in mind though that art is not my main activity and that even though I draw in the evenings, I’d prefer if communication doesn’t happen in the middle of the night. Also I live in France, Paris time, so if I don’t answer right away it may be because it’s night where I am !

_______PAYMENT & REFUNDS

• Keep in mind prices shown in my pricelist are base prices. They will increase depending on the complexity of your commission.
• Payment must be made in full before the start of the commission. I will not start working on your artwork until you have totally paid for it.
• Payment must be made through Paypal or Bank Transfer. Keep in mind I live in France and charge in Euros (€), extra transaction and conversion fees may apply.
• Payment plans are possible if the commission total exceeds 120€. Above this amount, you can choose to pay in 2, 3 or 4 installments.
• According to article L221-28 of the Code of Consommation of the French Law, your commission being a personnalized good, no withdrawal or refund can be allowed. However, I exceptionally grant a partial refund whose percentage is determined according to the status of the commission.
• Once the commission is finished and approved, it can’t be modified. If you’d like changes to be made to your finished commission, extra fees will apply.
• Rush fees are non-refundable, no matter the status of the commission.

_______COPYRIGHT

• Each illustration I make is signed with «SWART». This discreet signature doesn’t denature the art piece, so no unwatermarked version of the art will be given to the client. The client is not allowed to remove the signature or crop the image to remove it.
• After commissioning me, you must credit me each time the artwork I produced is used or
published online or shown publicly. If tagging exists on the platform you repost it on, please tag me as @swarthylacine so I can see it ! A little credit goes a long way and can help my livelihood greatly !
• I retain the rights to the artwork you commissioned and may use it for commercial use such as (but not limited to) advertising commission openings, illustrate my portfolio, or use it on my business cards.
• You do not own the commercial rights to the artwork you commission from me, so you may not use it for profit. For example, you may not sell prints, charms, t-shirts etc featuring the artwork (partially or in its entirety).
• If, down the line, you decide to sell the character you used in the commission I made for you, please ask me if you can include the artwork I produced with that character as part of the sale.

_______CUSTOM CHARACTER DESIGN COMMISSIONS

• A custom character design commission results in a digital illustration representing the character. The possible sketches and drawings of the research phase are not sold to the client, thus the client cannot use them or distribute them.
• All custom character designs are drawn on my own character bases shown on the corresponding price list. You can choose between the TOONY style base or the SEMI-REALISTIC style base. For this reason, your custom character will be only drawn in the pose available on the base you chose.
• The price will increase depending on the complexity of the character (multiple attributes, complex shapes, big color palette, intricate markings…), but also on the number of limbs (legs and arms) or the presence of wings.
• The character design might need additional drawn views in order to illustrate some aspects of the design (ex: inside of the mouth, accessory, view with/without hair, separate view of the wings…).
Those additional views come at the cost of 5 to 10€ for each element illustrated. The client may refuse those additional views.

• The client must provide a color palette or inform of their preference of hue, saturation and luminosity of the design. The client also must inform me of the animal species of the character (or several animal species in case they want a hybrid).
• If the client already has an idea (vague or precise) of the character design they want created, they must give as much physical details desired at the start of the commission. It also goes for nondesired physical traits.
• The prices shown are also valid if the client would like to give a detailed description of the character to be created with very little artistic freedom. I reserve the right to adapt some elements of the design so your idea can translate into a character design as best as it can.

• I reserve the right to resell a character design if said design is the first iteration of the character design commission and if it has been rejected by the client. By rejecting this iteration of the design, the client acknowledges they don’t own the rights to it.

• Once the character design is approved by the client, it cannot be modified. If you’d like changes
to be made to your finished commission, extra fees will apply.

_______CHARACTER DESIGN COPYRIGHT (premades and customs)

• Once the commission is finished, you own the rights to the design and you may use it for profit.
• However I keep the rights of the original illustration I made to illustrate that design, you don’t own the commercial rights to it so you may not use it for profit. For example, you may not sell prints, charms, t-shirts etc featuring the artwork (partially or in its entirety).
• After commissioning me, you must credit me each time the artwork I produced is used or published online or shown publicly. It’s also greatly preferable that you credit me each time the character design is used, but I only ask that you at minimum credit me on the character’s reference pictures.
• If tagging exists on the platform you repost it on, please tag me as @swarthylacine so I can see it !
A little credit goes a long way and can help my livelihood greatly !
• If, down the line, you decide to sell the character you commissioned from me, please ask me if you can include the original artwork of that character design as part of the sale.

=> If you commission art from me, you agree to the conditions above <=