Terms of Service
Commissions | moonchild
Disclaimer
By commissioning me, you agree to the following Terms of Service.Please read this entirely and carefully. Your commission will be refused if you do not agree to these terms. If you are not comfortable with my ToS, do not request a commission.These terms are definite and unchangeable during their period of effect. Exceptions for specifics can be discussed, but are unlikely. Terms of Service may still be subject to change without notice.If you have any questions, please contact me.
General Information
Commission Process
In order to commission me, please contact me on Twitter/Discord or by Email.I accept only direct payment via PayPal.Unless stated as OPEN in my Kofi or Twitter biography, commissions are temporarily closed.You can still request a commission when my commissions are closed. Contact me in order to arrange a place on my waitlist.Payment | Commissions will be paid via PayPal and in EUR. Remember to have a valid email registered with your PayPal account. I cannot refund you if the account does not belong to you.Fees | There may be shipping or commercial use fees.Refunds | No refund is possible after the sketch was confirmed.Credit | The artist retains all rights, artwork is for personal use only unless the commercial fee was paid.Work time | Up to 6 weeks unless a deadline is requested.Once I receive a commission order, I will contact you to confirm your slot and ask for general information in order to discuss pricing with you.Firstly, I will take your descriptions into account and create a sketch of your commission. If you are not satisfied with the initial concept, you can ask me to make specific changes or refund the commission.
Once you confirm the sketch, I will send you an invoice..! You cannot refund the commission once you confirm the sketch and I will not continue working on your commission until payment has been confirmed by me. !.In order to invoice you, you will need to provide me with the following upon request:
- Your own email connected to a valid PayPal AccountPlease be patient and only pay once the correct price has been discussed and you are prompted to do so.Afterwards, I will finish the artwork within the next 1-6 weeks.
The final artwork can be sent via email or social media.A transparent or simple background will be free if requested
Commissions come with a personal watermark as well as a commission watermark version to prevent art theft and discredit.
Sketch > Payment > Finished artwork
Revisions and Feedback
- You can always ask about the progress and I will gladly send WIPs, but I am not required to send any work-in-progress images throughout the process.- Small changes can be made after finishing the commission but the artwork cannot be significantly adjusted. Please make sure you are happy with the initial sketch.- Any faults on my side (e.g. I overlooked a detail provided in the order) can be changed free of charge if addressed in a timely manner.- Any major changes to the character will be subject to a fee and the fee will depend on the nature of the change.- It is your responsibility to ensure your order contains the details you want me to follow.- I am not responsible for unsatisfactory elements of the finished design if no feedback was given to amend it and any changes to the final piece will be subject to a fee if no other feedback has been provided.- I will not redraw a completed commission unless payment is received for a second order.
What I’ll need from you
When ordering a commission, you will be asked to provide more details.
- Unless you want me to design you a character or you have no specific ideas, I’d appreciate as much descriptive information as you can give me about your commission..Who or what to draw- Special poses, expressions, scenes, interactions- Specific theme, timeline, place, world concepts- Character personality or special traits, stories and background info
- Any sort of references would be appreciated.For traditional Commissions- Address or PO Box addressBe aware that should you want the original piece sent to your home, you may have to pay shipping costs. These usually lie between 10-20€ depending on your location.
Commission Limitations
- If the character is extremely detailed, I have the right to charge a fee for the extra effort to include such details. This fee will be stated before the transaction and you hold the right to make changes to your commission request (e.g. change the character or agree to a simplified design) before the transaction is complete.- I reserve the right to make changes to your request as I see fit unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements beforehand.- Please make your request concisely worded with minimal abbreviations, so as to make the note clear to read.- Any emails, private messages and comments that you send must be made in the following languages: English
Final Product
There may be differences between samples in my gallery and the illustration you will receive.- The commissioner must respect that my artistic style cannot be altered and is subject to change over time. I will not change my art style to that of another artist, show, or movie for a commission. Do not request a commission if you do not wish for an art piece in the style that I paint.- I reserve the right to reject critiques pertaining to artistic skill and stylization and if the critique reduces the artistic quality of the piece.- Credit to me, the Artist, is required when you post or use it on another platform.- You, the Client, are responsible for saving any information, images and other digital data I provide
Any file you paid for will be available from me for a finite time only. I take measures to preserve most files up to a year, however, I cannot guarantee against computer failure or accidental deletion or loss.- I am not required to post your project in any public space, or if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you paid for it, as you should have your own copy for personal use.- Feedback on the final product is permitted after the completion of the piece, through private messages or comments. Any comments that are rude, inappropriate, inflammatory and/or non-constructive may result in blacklisting.
Queue, Scheduling, Work Speed and Deadlines
Usually, I take up to 1-7 days to respond to your initial order inquiry.If you ask for a commission during a closed commission period, replies may take longer. I will offer you nonetheless to have your name put on my waiting list and if wanted, to send you a reminder when I open my next commission period. Waitlist clients are always prioritized.By commissioning me, you allow me a period of 1-2 weeks to create a sketch of your commission and 1-6 weeks to finish your commission afterwards from the moment of payment onward.Deadlines | You have the right to set a deadline for your commission. This deadline must be disclosed and agreed upon. Deadlines need to be at a reasonable time that allows for enough work time. I have the right to decline a project if there is too short of a time allowance.If you did not alert me to a deadline, you must not send repeated reminders until the allowed time has passed.You reserve the right to be notified of any delays.No harassment over my work speed will be tolerated, regardless of the time that has passed.
I will work on commissions randomly. If you are not a client on my waitlist that is prioritised because of that, I will work on the commission that I am most inspired/comfortable with at the moment.
Permission of Usage
Rights
Clients who have commissioned and/or received work before this ToS has gone into effect or commissioned more than one artwork are still bound to its contents and have to agree to it every time.About AI | My art is not allowed to be used for AI purposes and alike. Please do not upload it to any AI sites as this could compromise my artworkAbout NFTs | NFT usage is strictly forbiddenPersonal Use | All artwork is for personal use only unless the commercial fee has been paid.Your rights- You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me.- You may use the artwork for PERSONAL use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.- You reserve the right to print or create an otherwise physical reproduction of the artwork as long as it is for your PERSONAL use only (ie. NOT for sale).- In the case of a Character Reference Sheet Commission or Adoptable, you retain the rights to the character design..You are not allowed to- Change, modify or use my works without my permission.- Trace over my artwork in any way, including the use of the artwork as a “base”.- Claim my work as your own
Remove or alter my watermark or discredit me from the creation of the artwork.- Upload or host my work in any gallery that is intended to display your own work only.- Use the artwork for redistribution or external projects, commercial or non-commercial (ie. t-shirts, mugs, public flyers, etc) unless otherwise discussed.- Conduct any form of harassment in an attempt to bargain for a commission. This includes inappropriately worded comments on my profile as well as private messages. I reserve the right to place anyone on the blacklist over harassment..My rightsBy commissioning me, you are purchasing my service as an artist only.- I reserve full rights to the artwork.- I reserve the right to post your finished artwork in my gallery/portfolio for any reason.- If the commission is of a character design in your possession, I will properly credit you as the owner of the design.- I reserve the right to decline any project or client for any reason.- I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason..Credit | Credit in some form is required. This includes retaining my personal watermark on the artwork and linking the art back to me in some form, e.g. through linking my social media or mentioning me visibly.
Commission Fees and Copyright
Personal use | Artwork only used for non-profit purposes, for example as avatars/wallpapers on non-profit social media (Twitter, Instagram, etc) or printing for yourselfCommercial use | Artwork usage brings financial gain, for example as material for a brand (marketing, business purposes, etc), using it on social media/streaming platforms that provide profit (YouTube, Twitch, Patreon, Personal sites etc), reproducing and selling the artwork (publicly and privately)Commission art for Vtuber characters used on streaming platforms counts as commercial use.If you, the Client, wishes to order a commission for Commercial Use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.The minimum price increases 100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit..Tier Contents % IncreaseTier 1 - 100% -Twitch/Youtube/Twitter PromotionTier 2 - 200% - Patreon Content/Business Cards/Personal SitesTier 3 - 300% - Reproducing/Selling/Merchandise.Copyright GuidelinesI reserve the right to sign and/or watermark my own work. You will be sent a full-resolution image (via your preferred method) but my signature will remain on both the full-resolution and other versions of the artwork.You are responsible for protecting your ownership over rights to a character design made by me by creating a copy image with your name added as well (ie. through a watermark) when uploading to external sites. If the character design used in a commission through me is owned by you, I will credit your name in the watermark as well.I retain all copyright over my work, which includes the right to redistribute, reproduce or use the image as a sample for sales or self-promotion unless otherwise agreed upon. In case of a public commission, I may do whatever I wish with the art (e.g. post it to other sites such as Twitter) but will give proper credit to you for ownership of the character’s design or content.If a request was made to not mention you by name or to link your account, I will assume you’d like privacy and simply indicate that the character is commissioned (meaning I do not own it).In case of a commission, I will not claim the rights to a character design unless it was one of my own designs. Therefore I will not reuse/resell the artwork for personal or commercial projects unless agreed upon.In the case of an adoptable design, I will not reuse/resell the rights to the design once ownership is transferred to you, the Client..NDA | Privacy RequestIf you wish to request to be private, it must be stated during the ordering process. I reserve the right to charge a fee if I deem fit.The privacy request entails that I am not allowed to share any WIPs on social media nor am I allowed to stream the process of the commission anywhere.
However, this also means that you must refrain from sharing any such spoilers yourself.This is especially important to consider if you are a Vtuber and want me to keep assets private until your debut.The NDA fee usually starts at 5% of the total quote but might differ. The bigger the project, the bigger the fee.
Payment Information
General Information
I accept only direct payment through PayPal.You are expected to pay once you confirm the sketch I prepare. I will not continue working on the commission until my requested payment has been fulfilled and confirmed.I, the artist, will initiate the transaction to avoid accidental transactions. Do not send me any kind of payment until I have confirmed that I can accept your commission and have asked for payment.Payments via PayPal are sent via Invoice method only unless otherwise stated. I will cover the Paypal fees as it is expected from the Artist per PayPals ToS. What you see is what you will have to pay.Repeated counts of commissioning a project and failing to pay will result in blacklisting..Refunds | No refunds will be given after you have confirmed the sketch and payed the invoice. If I myself choose to cancel the commission for whatever reason after that time period, you will receive the full payment back.I can only refund around 80% if there are errors in PayPal fees, taxes, and/or transfer fees..Chargeback | You are NOT authorized to issue a chargeback for any reason. If for any reason your PayPal account malfunctions or authorises a refund request without your knowledge, you must contact me as soon as possible to resolve the issue. Purposefully issuing a chargeback without contacting me will result in immediate blacklisting.You are required to contact me to cancel a commission request..Currency | Payment will be conducted via Paypal and in EUR (Euro/€). You are responsible for making currency conversions.Time | If payment is not made in a timely manner (within 7 days of invoicing) and/or after repeated reminders, the commission will be cancelled.
Disclaimer
Please note that most of my sales are “Digital Artwork” and it is the artworks “Intellectual Property” that is purchased by you, the Client.By paying for this purchase, you agree that you are the cardholder of the bank account/card that is linked to the Paypal account. If by any chance, I receive a chargeback because the purchase was not made by the cardholder, it is no longer my responsibility. Please contact me to resolve the issue.I do not accept payment from shared PayPal accounts unless you are not of legal age and use a parent/guardians PayPal account. I am not responsible for any misuse of parents/guardians accounts without their consent and will not refund commissions if there has been misunderstandings on your side.I am not responsible for any mistakes that are made on your part over the course of the transaction..ShippingUnless you are buying a watercolour painting and wish to have it shipped to your location, nothing is ever intended by either me or the Client, to be physically shipped to them.I am not required ever to ship any item unless it was explicitly discussed.Shipping fee is not included in the commission price. Shipping costs are usually 10-20€ depending on location.You, the Client, will have to pay for shipping. Returns are not possible. Artwork will be shipped from Europe, so please calculate whether or not you are able to pay for shipping.
Thank you for reading my Terms Of Service. Feel free to contact me if you have any questions.