Digimitsu

I, Digimitsu, will only work with Clients that are of 18 years of age and above.

I reserve the right to decline any Commission request.

I reserve the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behaviour, an inability to effectively communicate in the English language, or a breach of these Terms of Service.

**Paypal Shipping Disclaimer:** Please note that most of my sales are "Digital Artwork" and that the Client is only purchasing my Artist labour and time, and in most cases, nothing is ever intended by either me or Client, to be physically shipped to them. Occasionally, the payment method provided by the Client will mark a transaction as 'not shipped', however, I am not required ever to ship any item unless it was explicitly discussed within the correspondence between the Client and I.

You, the Client, understand that I, Digimitsu, am not working with solely your priorities in mind. An art commission involves steps that are time-consuming and slow.

All provided quotes remain valid for a period of two months. Should this duration expire, kindly request that you request a fresh quote.

When ordering a commission, the Client must be clear and concise in what they want for their piece. I reserve the right to add a fee over any edits that were not made clear to me from the start and especially once the sketch has been approved by you, the Client. This includes giving poor quality references where I, the Artist, am unable to make out the details.

Provide precise details regarding your preferences for the artwork. Any aspects that are not explicitly mentioned, omitted, or remain unclear will be subject to the artist's interpretation. (For example, if you desire a romantic scene between two characters but do not specify the time of day or the overall color scheme, it will be assumed that you are entrusting these elements to my artistic judgment.)

I will not work for Clients who demand an unreasonable amount of edits or edits that force me, the Artist, to change my art style. It is automatically assumed that your decision to commission for my artwork is because you like my art style and that you, the Client, are fully aware that it will be majorly present in the piece.

Unfounded revisions, a.k.a. revisions due to a dislike of artstyle, change of mind or failure to specify details during the order will not be granted unless I agree to it, during which I reserve the right to add a fee over the edit. Because of this, please make sure to plan your commission carefully before ordering.

Some commissions do not have an approval stage. Be sure to ask beforehand. You may request minor tweaks if I missed any distinguishing features present in your provided reference.

After the sketch has been approved, I cannot make any major changes that require me to redraw a decent part of the image. (For example: changing camera angle, changing the character’s outfit or pose.)

After the sketch has been approved, all necessary details regarding the commission (pose, composition, palette, colour direction via character reference and/or colour direction typical of the ordered art style, and other specific details) is considered to be received in the Client's written order and understood by the Artist, and thus no further WIPs (work-in-progress) will usually be issued (unless agreed otherwise).

Anything that needs to be fixed on my mistake, however, will be fixed for free.

You understand that, unless it was discussed prior and agreed to, it can take up to 3 months to receive your completed commission. While the average completion time tends to be shorter than that, do not rely on it for any deadlines you may have. The 3 months should be your standard estimate in the event of unforeseen delays which can be dependent on many factors such as, but not limited to: Health, inspiration, complexity of the commission, work and family issues.

You understand that I have the right to choose to work on and finish projects out of order from the date of commission as long as your commission is finished by the 3-month deadline.

Commissions can sometimes take longer. When this occurs, I will inform and update the Client.

If a different deadline was agreed upon at the beginning of the commission, the initial 3-month deadline becomes void.

All commissions must all be paid in full upfront.

All payment should be in USD. Via PayPal Invoice. I might accept other forms of payment (DeviantART points, Steam games, etc) but it must be discussed with me prior to starting.

I, the Artist, Digimitsu, hold every right to the produced artwork, not the Client. By commissioning me, you’re purchasing my Artist labour and time only. I retain all copyrights over my work, which include but are not limited to the right to distribute, reproduce or use the image as a sample for sales/self-promotion, unless otherwise agreed upon.

I, Digimitsu, will respect your request to not publicly post your commission. No explanation necessary. However, it will be subjected to additional fees and you must inform me before the start of the project.

I cannot claim the IP (Intellectual Property) of the piece.

I reserve the right to modify and resell any rejected sketches as "pre-posed" at a later date.

You, the Client, may upload the work done for you to your site as long as it is credited and linked back to any of my galleries. Once a piece is commissioned, you may use it for any non-monetized personal use that you please, including but not limited to icons, signatures, layouts, wallpapers, themes and personal site display.

You retain the rights to the IP (Intellectual Property), but you do not own the copyright of the artwork.

You may not claim the work to be your own, edit or set it up for redistribution. You may not use it for any external projects, commercial or non-commercial unless agreed upon.

Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, and so forth) or as agreed upon.

If you are looking for something to redistribute, reproduce, use for your project(s), as an ad, for a video, to resell at conventions etc. speak to me for information on royalty fees or commercial rights.

Under no circumstances may the Client submit a Commission to any kind of online or offline contest.

The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases.

You may not edit the work without permission.

You may not remove my watermark.

Always credit me if displaying the piece publicly. Credit must be in a clear and easy-to-read location to anyone viewing it.

You may not redistribute my work as Non-Fungible Tokens, otherwise known as NFTs.

Client shall not reproduce and/or otherwise use the Work in any manner for purposes of training artificial intelligence technologies to generate work, including without limitation, technologies that are capable of generating works in the same style or genre as the Work. Nor shall Client sublicense others to reproduce and/or otherwise use the Work in any manner for purposes of training artificial intelligence technologies to generate work.

If you are not sure whether your request counts as personal or commercial, feel free to ask me about its intended use.

Artworks that have been completed cannot be refunded as the Artist would've taken steps to ensure they are following all present information in the Commission order as well as reaching out to the Client for their approval on the sketch (when appropriate) before proceeding to finish the artwork.

10% of the total cost is non-refundable as to cover the initial planning time and slot hold, as well as to prevent time wasters.

Up to 90% of the total cost can be refunded depending on how much work has already been done on the commission.

100% refund will only be provided if I, the Artist, am proposing the cancellation due to inability to work on the commission. However, if the reason for the refund proposal is due to the Client's rude or unpleasant behaviour and/or the Client breaching the TOS, the refund amount will be dependant on points F.2 and F.3.

I retain the rights to the IP (Intellectual Property) of designs I, Digimitsu, create.

I retain the right to showcase the design as a sample for self-promotion unless agreed upon.

I will not reuse/resell the design for personal/commercial projects unless agreed upon.

My designs are only intended for personal use and are not to be used for commercial purposes unless it’s been explicitly discussed prior to the purchase of the design.

As the IP (Intellectual Property) of the design still belongs to me, Digimitsu, you may not copy, take heavy inspiration, rip off or make a species out of them.

You may resell my designs at any time regardless of how it was obtained (resale, trade, gift). Its price, however, should still be within reason.

You, the Client, must credit me for the design.

You, the Client, cannot claim my art or design as your own.

Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.

Agreement date is upon first inquiry/communication or first transaction.