Commission Agreement Terms of Service
Decline of offers
The Artist has the right to refuse a Commission request without explanation, however where possible a reason will be provided out of courtesy.
Cancellation of commission
The Artist has the right to stop work on a Commission or cancel a Commission, due to insufficient or unclear communication, rude behaviour, or a breach of the Commission Agreement or Terms of Service.
Copyright and reproduction
The Artist retains all rights to the Commission, unless agreed otherwise in the Commission Agreement, and a ‘Transfer of Copyright Agreement’ is signed. The Artist’s rights include, but are not limited to: distribution, reproduction, and use of the Commission for promotional purposes.
The Client must not distribute, reproduce or otherwise profit from the Commission, other than by the resale of the original, traditional commissioned artwork, unless a ‘Transfer of Copyright Agreement’ has been negotiated and signed. The Client may not edit, alter or otherwise reproduce the Commission without the Artist’s expressed written permission, or as agreed to in the Commission Agreement.
Promotion
The Artist may use any images of the Commission for promotional purposes, unless otherwise agreed upon in the Commission Agreement. The Artist may also sell prints of the Commission or merchandise featuring the Commission only with written agreement from the Client.
Payment
Payment must be made in line with the payment schedule detailed and agreed to in the quote. Ownership of the Commission will only pass from the Artist to the Client on receipt of the payment in full. Work on the Commission will only commence and continue if the required payment instalments are made. The Commission will not be sent to the Client until payment is received in full.
The preferred payment method is direct deposit/bank account transfer, however payments can also be made via cheque upon prior agreement.
All prices are in Australian Dollars ($AUD). It is the Client’s responsibility to ensure they are aware of the converted cost in their own currency.
No GST is payable, as the artist is not registered for GST.
Shipping
Traditional art commissions (not digital) will be provided to the Client via postage and shipping. Which party is responsible for paying the costs of shipping, including insurance, packing and delivery, will be negotiated in advance and detailed in the quote and/or Commission Agreement. Pick up or delivery may be negotiated for commissions in the Artist’s local area, or for large-scale commissions in the Artist’s region.
Refund policy
If the Client is not satisfied with the Commission, they must contact the Artist within seven (7) days of receiving the final Commission. Refunds will not be given for a change of mind, or for simply disliking the Commission. To minimise the chance of Client dissatisfaction, the Artist will provide a concept sketch for the Client’s approval prior to commencing work on the Commission. In addition, the Artist will provide photos detailing progress on the Commission throughout the commission process. Fair and reasonable requests for changes will be considered, however the Artist reserves the right to negotiate an additional fee should changes be considered well above the amount of time and/or materials allowed for in the original quote, or be deemed to be the result of insufficient information being provided by the Client.
In line with Australian Consumer Law, the Artist guarantee that the products sold are acceptable in appearance and finish, free from defects, safe and durable, fit for purpose and as described – taking into account the nature of the goods, the price, any statements about the goods, and any representations made about the goods.
In the event that the Artist has not met this guarantee, the Client may elect to receive a refund or replacement. The Client must return the Commission in original packaging, and with all documents, within thirty (30) days, otherwise a refund will not be made. Postage and shipping costs will be responsibility of the Client. The refund will be made at the discretion of the Artist after the Commission has been received in the prescribed condition.
Damage or misplacement of the Commission in transit
The Artist is not responsible for any damages made to the Commission except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the Commission during transit. The Artist will ensure packaging of the Commission is safe and secure, and will provide postage and tracking details to the Client once the Commission has been posted. If damages have occurred during transit, the Client must notify the Artist within seven (7) days of receiving the Commission, and must provide evidence of said damages. If the Commission has been damaged, but the Client wants to retain ownership, the Artist may refund some or the full amount back to Client, as negotiated. If the Commission is stolen, lost, or perished during transit, the Artist may refund some or the full amount back to the Client, as negotiated. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded. If a ‘Transfer of Copyright Agreement’ has been signed, the Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Commission by other parties.
I am dedicated to creating artwork that you will love and to building ongoing and long term relationships with you, my valued clients.
If you are unhappy at any stage of the commission process, please contact me promptly to discuss your concerns.
