Under these Terms of Service, the “Client” refers to those who commissioned the work and anyone involved in making payment for the work. “The Artist” refers to the individual who is commissioned to undertake the work, Mollie Chan. The “Artwork” refers to the final commissioned product made by the Artist and delivered to the Client.
By placing an order, you confirm to have read, understand, and agree to these Terms of Service. Failure to read or comply with the Terms of Service will result in a cancelled commission with reimbursement depending on the discretion of the Artist. Questions regarding these Terms of Service should be sent to bymolliechan@gmail.com.
I. Usage Permissions and Copyright
1. The Artist retains the full rights to the Artwork produced, including (but not limited to) right of reproduction, marketing, and sale of reproductions (such as prints).
2. The Client is permitted to share the Artwork publicly and online, provided visible credit is given by social media link (@bymolliechan).
3. The Artwork is not permitted for use in any way deemed by the Artist to be damaging to the public image or value of the Artist, nor for any illegal use in the United Kingdom and the Client’s country of residence.
4. The Client is not permitted to claim the Artwork as their own.
5. With the exception of resizing and cropping, the Artwork may not be modified in any other way without prior written permission from the Artist.
6. The Artwork received by the Client is for personal use only. Any use of the Artwork for commercial purposes (including advertising, reselling, reproduction, digital or print publication) must obtain prior written permission from the Artist. Such usage will require a separate agreement and additional licensing fee.
7. The use of the Artwork at any stage in any blockchain-related technology, including non-fungible tokens (NFTs), cryptocurrency, or any future invention in the space is strictly prohibited.
8. The use of the Artwork for Artificial Intelligence (AI) datasets, tools, training, or any future inventions in this space is strictly prohibited.
II. Pricing and Payment
1. Prices listed are the base rate and are subject to change depending on additional details and complexity of the commissioned Artwork. The Artist is obliged to provide a quoted price that will be agreed before payment.
2. The Client agrees to pay 50% minimum of the total amount upfront, in GBP(£). The remaining 50% is then due upon completion of the Artwork. It is the sole responsibility of the Client to bear any currency conversion costs and credit card fees incurred when transferring funds to the Artist.
3. The Client accepts that the finished artwork will not be mailed until payment in full has been received by the Artist.
III. Cancellations, Refunds, and Returns
1. The Client must contact the Artist as soon as possible in the event of an issue regarding their order.
2. The Client may request a full refund before any work commences (i.e after payment but before initial sketching)
3. The Client may request a partial refund (up to 50% of the total agreed price) before the sketch has been approved, subject to the Artist’s approval.
No refunds are permitted once the sketch has been approved by the Client.
4. Any specific requests (e.g expressions, poses, background) must be clearly stated when placing an order. Any desired elements not requested before placing an order are not subject to refunds or discounts.
5. The Artist reserves the right to decline an order or cancel an order for any reason (including but not limited to: unexpected serious illness on the Artist’s part, inappropriate subject matter, disrespectful or abusive behaviour towards the Artist). The Client will receive a full refund if work has not commenced, or a partial refund depending on the amount of work completed.
IV. Revisions
1. Once payment has been received and sufficient information provided for work to commence, the Artist will email a rough sketch with suggested colour palette to the Client for approval. At this stage, the Client is entitled to request 1 round of reasonable revisions (such as changing a pose, expression, the colour palette, or background design). Any free-of-charge revisions must be requested at this stage, before work on the final Artwork begins.
2. The Artist agrees to accommodate all reasonable requested alterations to the best of their ability
3. The Client has the right to request further viewings of the Artwork. Once painting has commenced, any alterations requested at this late stage, however minor, are subject to an additional charge at the Artist’s discretion, invoiced separately.
V. Artwork Process and Delivery
1. When a Client requests a commissioned Artwork via email, the subject and information they provide is reviewed and confirmation of approval will be sent via email.
2. Once payment has been received and sufficient information provided for work to commence, the Artist shall complete the Artwork within 30 days, unless otherwise agreed with the Client.
3. The Artist shall email the rough sketch within 7 days of receiving the 50% deposit and the final Artwork within 14 days of receiving Client feedback and approval on the sketch.
4. The Client is obliged to communicate with the Artist in a timely manner, responding to any requests for clarifications, comments, approval for progress etc. in order to prevent significant delays to delivery of the final Artwork,
5. In the event the Client fails to respond to emails (or provide information required to progress with the commission) within 60 days, the Artist reserves the right to cancel the order and retain all funds paid.
6. The Artist is also obliged to communicate in a timely manner, responding to any appropriate revision requests or queries throughout the creative process.
7. It is the Client’s responsibility to communicate with the Artist any thoughts they have on the Artwork and any discrepancies between the Artwork execution and expectations during the creation process. While the Artist strives for the highest possible satisfaction of the customer with their purchase and the finished Artwork, this cannot always be guaranteed.
8. The Client agrees that the Artwork will be delivered digitally to the email address they provide
9. In the case of shipping original artworks, the Client is obliged to bear any costs incurred by shipping, which the Artist will detail in full at the order stage.
10. The Artist cannot be held liable for failed delivery on account of incorrect address, loss by the postal service during shipment, spam filters, or any other technical obstacles outside of the Artist’s responsibility. If any issues arise concerning delivery, please contact bymolliechan@gmail.com.
11. The Artist is not responsible for any unsatisfactory elements of the finished design if no amendment feedback from the client was received during the sketch/colour stages.
12. Upon delivery of the Artwork, it is the Client’s responsibility to store it. Loss or damage to the Artwork due to negligence will not be reimbursed by the Artist. The Artist will keep a digital scan of the Artwork for up to 1 year after delivery, should the original artwork become lost or damaged within this period.