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Terms of Service

2D Artwork:
Rates are primarily based on design complexity, and are non-negotiable. Work will begin after payment. For 2D artwork above $20, the client must pay at least 50% of the agreed upon price upfront. They will then be sent an initial sketch detailing the general layout of their piece. Upon approval, the client must then pay the rest of the agreed upon amount. Partial payment will not be accepted after the sketch has been approved. For artwork under $20, the agreed upon price must be paid in full before work can begin. Partial payment will not be accepted for artwork under $20. The client may request minor alterations to the piece at any time for no additional cost. If the artist approves a major change, additional fees may be charged. The artist holds the right to deny any request for any reason.

Avatars:
Rates are based on design complexity and the cost of materials, and are non-negotiable. Work will begin after the client has completed a particular set of actions. These are as follow: if the models/assets involved are being sold by another creator, the client must first provide proof that they, themselves, own said models/assets. The main acceptable form of proof is a simple screenshot of the client's purchase confirmation page/e-mail that they received from the seller. If the artist does not already own the models/assets being used, the client must pay a fee covering the total cost of said materials upfront. They then must pay at least 50% of the agreed upon price of the commission before work can begin. Upon completion, if the client is satisfied with their avatar, the rest of the amount must be paid before they can receive the files/upload.

Payment Methods:
Clients have the following options for payment:
-PayPal
-Venmo
-Cash App (for returning/trusted clients)
All clients must comply with the ToS of their chosen payment method.

Deadline Policy:
Whether deadlines will be accepted is up to the artist's personal schedule. At this time, deadlines of two weeks or more after the initial payment are acceptable. Deadlines must be discussed before the initial payment is made. They will not be considered thereafter. Examples of acceptable deadlines are:
-conventions
-birthdays/special occasions (implying the commission is a gift to someone other than the client)
-the opening of another artist's commissions (applicable if the client is commissioning a reference sheet, retexture, etc.)
Impatience is not an acceptable deadline. A deadline will be denied if the artist feels it cannot be met.


Reference Policy:
For 2D artwork and retexture commissions, the client MUST provide an acceptable reference of their character before final pricing can be discussed. An acceptable reference is/contains:
-flat/unshaded
-2D
-digitally drawn
-color swatches
-at least 2 different angles of the figure (front, side, back, etc.)
Quality/accuracy cannot be assured if the reference does not fit the above description. If the character is simple enough such that it can be described non-visually, a reference is not needed. 


Minor Policy:
Clients under 13 years of age will not be accepted. Minors 13-17 years old are welcome to contact the artist for price quotes and information, but may not perform transactions. This must be done by a parent/guardian or someone over the age of 18 on their behalf, as to comply with the policies of the offered payment methods. Those under the age of 18 may NOT commission sexually suggestive/explicit artwork/avatars or anything involving nudity. No exceptions will be made for those in states/countries where the legal age of adulthood/sexual consent is under 18.

Adult Content Policy:
To ensure the artist's safety, all clients commissioning NSFW artwork or avatars/retextures must provide proof of age. To ensure the client is at least 18 years of age, they must provide a photo of some form of official identification (government issued ID, passport, school ID, etc.). Only the date of birth needs to be visible; the client is free to edit out/cover all other information, including their headshot, as long as the form of identification is still apparent.

Refund Policy:
No refunds will be issued once the commission has been finalized. If a client is unsatisfied upon receiving the initial progress update and chooses to discontinue working with the artist, they may have the 50% payment they made refunded.

General Preferences:
•The commercialization of commissioned work is absolutely NOT permitted without the artist's written consent. This includes NFTs.
•Clients who claim their commissioned work as their own are liable to get blacklisted.
•Clients are NOT permitted to resell characters they commissioned the artist to design without their knowing consent.
•The artist reserves the right to deny any request for any reason.
•The artist reserves the right to blacklist anyone who defies these Terms, or for any other reason that leads them to believe the client is unfit for their services, based on their behavior or reputation with other artists. (Blacklisted individuals include, but are not limited to those who the artist has blocked on any social media/platform).

CONTACT

Email: EmberEmeraldStudios@gmail.com
Discord: @EmberEmerald

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