TERMS OF SERVICE & REQUEST FORMS

Sale:

The artist will hereby give agreed upon services to the client after respectful negotiation and payment.

Payment:

• Full payment is required for all pieces, with payment plans being acceptable only for pieces over $100 USD, and come at %50 of the commission's price. All payment plans must be carefully negotiated.

• Payment must be in USD, or the United States Dollar ($). The total of your payment in foreign currencies must meet equivalency to the designated USD amount for a piece, and you must budget and do conversions to USD prior.

Method of Payment:

• The Artist prefers and accepts the following: Paypal, Venmo, Cashapp, mailed personal checks & cashier's checks,  mailed cash, other various forms of e-transfer for funds.

• If you are choosing to physically mail your payment, no work on any piece will begin until an envelope with payment is received and verified as non-fraudulent. The client must budget mailing times accordingly, and know that international and overseas mail takes significantly longer than e-transfer.

• The Artist does not accept any form of cryptocurrency, and will not accept cryptocurrency in the future.

ARTISTIC TOPICS OF INTEREST

• The artist finds a wide range of topics and subjects for compositions acceptable, including: Fantasy creatures and sentient races, mecha/machines & architecture,  flora & wildlife fauna, humans & anthropomorphic creatures, and natural landscapes and cityscapes. Dragons, insects, and technology in aviation is welcome in particular.

• The artist has a preference for working in the traditional mediums of watercolor, alcohol based markers, and acrylic which may ensure faster completion of a commission request

• While not a strong interest, nudity and erotica of adults are allowed, along with some art that depicts more obscure sexual content. You must be 18 or older to purchase this kind of commission, and minors are not allowed under any circumstances to commission sexually explicit material.

ARTISTIC TOPICS OF DISINTEREST

• Some topics and subjects the artist is not personally or professionally interested in, including: certain anime styles, photographic still life, abstract & non objective work, religious content, and various other things that more noticeably wax and wane such as figure art and historical art.

• While the artist does not refuse or restrict this type of content, it can slow down production. Request

RESTRICTED TOPICS & SUBJECTS:

• The artist will not draw certain content regardless of if the client is above the age of 18 or 21. Trying to convince them to draw anything from the following list is not acceptable:

1. Artistic depictions of child exploitation and sexualization of minors, including "Lolicon" and "Shotacon" for slang terms.

2. Scenes of sexual assault & sexual violence, such as rape and the fetish term "forced orgasm", as well as "eroguro" which is eroticized gore and violence. 

3. Hatespeech and other intolerant bigotry in works that can be obviously be traced to institutionalized racism, anti-LGBT/transphobic content, etc

4. TBA as appropiate

Completion Dates:

• The Artist has a Healthcare industry job  and is currently attending higher education. The client thus acknowledges that certain pieces may have shorter or longer turnaround times depending on the complexity, medium of the piece requested. The client recognizes that production of a quality piece takes time & energy while the artist is physically disabled & neurodivergent, and that delays may or may not be encountered while waiting for a piece. 

•  The client acknowledged that while an expected turnaround is 12 business days for smaller requests,  1-3 months for medium sized projects, and 6+ months for complex and detailed projects  the covid-19 pandemic/transition to endemic affects completion dates when the artist works Healthcare. The longest wait time without reimbursement for any piece over $50-$60 USD is 6 months, and a year (12 months) for $80-$100.

Right to Refuse:

•  Commissions requests to be completed in less than 5-7 business days (Monday-Friday) will be denied in most cases.

• Due to work and education, the Artist has a right to refuse any commission request with a strict deadline that has no flexibility.

• The artist has a right to refuse any commission request or work often for any reason WITHOUT explanation. A courtesy explanation may be given if the artist denies your request for a piece or involvement in a project.

Prioritization:

• Your piece will be prioritized if you give a specific date that the piece is needed for completion within the limits of the artist, and the client understands these dates are not legally binding. 

• If you wish to have prioritization or "rush delivery" on pieces with higher prices or complex details exceeding $100, this may incur an additional charge of %10-%20. 

• The artist has the right to refuse financed prioritization requests and negations and give a projected date for completion relative to their schedule.

Deprioritzation:

• If you do not give a specific date for the artist to work towards, you will not be prioritized in the Commission queue over other clients or projects that have already expressed and successfully negotiated priority. The client acknowledges that deprioritization does not mean a piece or project will be ignored or intentionally left unfinished.

• The client awknowledges that they may ask for a refund or reimbursement if they feel too much time has passed on a piece, but that monetary refunds will not be dispensed unless the artst is in good economic and financial stance to do so. The client accepts they may be given compensation services on a case by case basis if the artist feels the tardiness of the piece justifies doing so.

FULL REFUND:

• In certain scenarios, a client may wish to get a full refund. In the event of a full financial refund being requested, the client has a time limit of 2-3 business days (Monday-Friday) to request and be approved for a refund IF work has not already begun. Requests for full refunds will not be processed on weekends, and if the artist has already begun the commission, a full financial refund will not be issued without extreme justification, such as an emergency, and it will only be done if the artist is in stable financial standing.

• No Full refunds will be issued on completed pieces, with risk of poor  client satisfaction being strongly mitigated by the client being shown progress shots for review, and allowed 2-3 major modifications to composition. Requests for refunds without any actual significant error in the composition of the completed commission or service  (Relative to artist skill level) will not be tolerated. Abusive behavior may put you in bad faith for denial of future services, or outright put the former client on the banlist.

   PARTIAL REFUND:

• While it is strongly encouraged to be absolutely sure of your purchase, you may be eligible for an immediate partial refund if you file a request within 2-3 business days, and meet appropriate conditions. An amount to be partially returned may be considered on your behalf if you need to change your mind, and work has either not begun or is only partially in the sketch phases.

• If at any point you are unsatisfied with your piece despite being shown evidence of progress, modifications made at your request being completed and approved by you, you may cancel your commission and request a partial refund. The artist may then determine if a partial refund may be issued based on their own financial standing. You will NOT be refunded if the artist is in poor financial standing and within the realms of housing or food insecurity.

  ALTERNATIVE REIMBURSEMENTS & COMPENSATION

• IF you are not approved for a financial refund in full or partial, you may still have options for compensation if you are  unsatisfied with the result of your piece, or the artist has gone beyond an AGREED UPON turnaround time. You may NOT impose your own schedule and sense of time on the artist without contacting them and having a check in discussion. 

•  Regarding situations where the client is strongly unsatisfied, the artist will make an attempt to make 1 or 2 major revisions on completed pieces that have an error the client simply cannot ignore or hide, OR will dispense a similar piece if a fix is impossible based on medium, and time available to the artist. This must be negotiated. Only one similar piece will be dispensed, worked on at the artist's liberty combined with the prior direction of the client. This will only happen in respect to the artist's healthcare work & school schedule, or current commission queue. You will be notified if a fix cannot happen on your original commission, as will as if scheduling may interrupt how fast a similar piece is recreated.

• If the artist has been tardy in completing your piece in general, they may contact you and ask if you would like a compensation piece made with a pre-chosen commission type (ie, sketch, small inkwash illustration). You have 2-5 business days to mull on a decision surrounding acceptance of & topic of a compensation piece before the offer will be withdrawn unless you specify you need more time. The artist has a right to create an additional piece free of charge and make a decision for you to avoid being in bad faith based on not providing services if you have paid an agreed amount and not received your original commission yet. It will not be prioritized in favor of completing your original commission.

OWNERSHIP OF ART:

• For all intents and purposes, the artist owns the rights to the produced pieces of commission work, and has been commissioned for the labor to create the pieces as opposed to the client exerting the labor itself.  

• Physically exchanged commissions on traditional canvas are owned by the commissioner so long as they are respectful towards the work, and the piece must not be intentionally destroyed, broken, or altered to preserve good faith.

• Any commercial use of the artist to produce physical merchandise featuring content from a paid commission in all cases would be negotiated with the client.

• The client may not trace over the commission in traditional or digital medium and claim the work as their own, nor may anyone else for the intent of art theft. 

• Commissioned work is not allowed to be inputted into AI art databases or be used for software development without explicit negotiations and permission, all of which require a legal signature from the artist.

OWNERSHIP OF ORIGINAL CHARACTERS:

• The artist does not own the concepts or intellectual property of client's original fictional characters, and cannot claim that they own characters that are not their own despite drawing the clients characters. The artist retains their own IP if requested to draw their own fictional characters.

PRIVATE USE OF COMMISSIONS:

• It should be understood by the client that they are free to use paid commission art they receive in their private lives as they wish in most instances including for home décor or mental stimulation.

• The client is allowed to trace over a completed commissioned artwork/image for leisure/recreational purposes, or study, so long as the posted or shared edition of their piece with other persons is expressly credited to the Artist and awknowledged as being traced.

PUBLIC USE OF COMMISSIONS:

• The client is aware that they are allowed to display their commission for use in promotional work, or for fun in public. 

• Commissions may not be used in public contests by the client, or passed off as their own in art tournaments and compeitions.

COMMERCIAL USE OF COMMISSIONS:

• Commercial use of commissions is prohibited unless negotiated, and a discussion about rights and royalties is had directly with the artist. Any use of commissions in commercial use for profit without contacting the artist and making an agreement with the artist will result in a legal take down order being issued. This should be considered an immediate breach of trust and will put you on the banlist.

INAPPROPIATE USE OF COMMISSIONS:

• Ideally, the client uses their commissioned piece or products appropriately in a way that does not impede themselves or others. However, the artist forbids commissions being used in tangible interactions that intentionally or unintentionally propagate the following: Institutionalized Racism, anti-LGBT sentiment, violent conservative extremism, eugenics theory, and online media that targets and harasses marginalized or historically disenfranchised groups. Involvement of the artists produced work in these will result in consequences.

DEPICTIONS OF TRADEMARKED FICTIONAL CHARACTERS

• The artist is willing to draw trademarked fictional characters owned by large companies, including Hasbro, Wizards of The Coast, Nintendo, and so on, classifying this as goodwill fanart.

• The same also goes for fictional characters owned by smaller companies, so long as the requested fanart is respectful to the wishes of these companies and is in good taste.

• Depictions of fictional characters below the age of 18 is prohibited, and the artist strongly advises to not be requested to draw sexually explicit pieces featuring characters, even if above the age of 18, from media expressly marketed towards young children to avoid unsavory accusations and compromising discourse.

DEPICTIONS OF REAL PERSONS

• For private citizens, permission to draw real persons other than the client should be obtained prior to contacting the artist for a request. Proof may or may not be asked for to confirm you have consent of a real person's likeness or image to be replicated by the artist. You are not allowed to commission art or media that otherwise threatens the character of real private civilians, or that could be considered legal slander. 

• For public figures that are still alive or recently deceased, you do not need proof of permission for them to be drawn but the artist has the right to refuse to depict figures or topics they are uninterested in, or otherwise would not want to draw attention to themself due to distribution of any inappropriate content, or politically charged messages. 

• Sexually explicit or gore focused material will not be drawn of any celebrities or public figures. 

ETHICAL RIGHTS TO THE ARTIST

• The artist has a right to be treated with respect and formality when conducting business transactions.

• The artist does not condone lowballing prices, being asked to negotiate prices outside of established pricing, or being heckled for free services in exchange for "exposure".

• The artist has a right to not work on commissions at a constant rate that conflict with primary work & school schedules, or any enduring overtime labor that may threaten their health, private life, or personal relationships

• Treatment of the Artist as an automated machine will not be tolerated, nor will feeding their art into machine learning without permission be accepted.

MORAL RIGHTS TO THE ARTIST

• The artist has a right to refuse work and ban potential clients who have demonstrated poor, toxic, or outright abusive behavior.

• The artist has a right to seek take downs, and issue cease and desist on work that has been misappropriated to involve them in people, or organizations & movements that do not reflect their beliefs, values, or optimism on humanity.

• The artist has a right to not be involved with clientele that would misuse their work in private or public so as to tarnish their reputation as an artist, or misrepresent their human character, personal political belief systems & philosophies, as well as other negative associations and misconstruments.

Artist:

The individual producing the Commissioned piece or services. ("Honeycomb Art","Honeycomb", "Transhoneycomb" or any aliases) Artist/Creator/Writer/Content Creator may be used interchangeably 

Client:

The individual or collective purchasing any commission services (digital & tangible) or physical merchandise (Hand made or produced by external parties)

Commission:

The primary form of service to the client, including terms such as "art" "imagery" comics" "writing" and other words designated in content creation + art production.

Commission Agreement & Archive:

The exchange and discussions leading to the final agreement for services to begin after correct payment has been received for services and/or goods. Archive of all interactions will be kept by the artist and will not be deleted.

Unsure of or want to know what a final cost may look like for your request? Submit a quote here on Jotform.com to determine what kind of price you may be charged for your commission request based on clear details and references provided. If this is your first time commissioning on this website, this is highly suggested.

Once you feel yourself prepared to request and pay for a commission, click here to be taken to a form for your order on Jotform.com. You will be notified if your commission has been accepted, denied, or needs additional information to process and negotiate. Only fill out a commission form if you have read the TOS previously, and it is suggested you get a quote first if you are working with a budget!

 If you are a returning client, you may skip a reread of the TOS.