Commission - Terms of Service

Artist note:

I will always strive to be open and transparent with progress on any commissioned artwork as well as with any potential delays or problems that may arise during the commissioned timeframe. If there is ever any questions/uncertainties/confusion about the TOS or process of work, please do not hesitate to contact me via my website contact form on www.rubituesdai.com or through the email I communicate with you for clarification. I am always happy and willing to answer any questions to prevent future misunderstandings and mishaps.
This TOS is as much a protection for you the ‘future client’ as it is for me as an artist as it holds us both accountable. 

 

TERMS OF SERVICE

By commissioning me, you are stating that you have read and agreed to the terms below.

I. WHAT I WILL/WON’T DRAW
PLEASE KEEP MY ART STYLE IN MIND WHEN COMMISSIONING ME, I WILL NOT TRY TO MATCH ANOTHER ARTIST’S OR STUDIO’S ART STYLE.

What I can do:

  • Spicy illustrations: basically drawings that are suggestive/high heat but don’t actually show any nudity (ie. Undressing/lingerie showing, suggestive nudity but blocked by something, suggestive touches, etc.) – NSFW will be offered in the future-
  • Fanart*
  • FFXIV fanart
  • Original Characters
  • Horror and some Gore*
  • Monsters*
  • Illustrative Surrealism
  • Victorian/Edwardian gothic aesthetics
  • Animal Pets*

What I can’t or won’t do:

  • NSFW (this will change in the future)
  • Multiple perspectives and/or overly complicated backgrounds
  • Anything representing/advocating/elevating racist/queerphobic/white supremacy/fascist ideologies
  • No Harry Potter fanart.
  • Furry characters/personas due to unfamiliarity in designing/drawing them*
  • Outright murder/torture scenes
  • Characters intended to be or appearing underage in any suggestive context
  • Mecha as I have no experience drawing those
  • Anything I don’t want to do for whatever reason at my discretion

 

* Please see Potential Exceptions section for what I may or may not be able to do

POTENTIAL EXCEPTIONS

  • Fanart: I am open to most fanart types (movies, shows, games, books, etc) BUT please note I may potentially decline requests of characters I do not feel comfortable doing if I don’t feel like I have the ability to do it artistically and to the clients satisfaction
  • Some Gore: No torture scenes and/or obvious depictions of murder. Otherwise most things are fair game so long as I feel comfortable illustrating it.
  • Monsters: I am more familiar with Cryptid type monsters as well as “established monsters” from shows/movies/games. If an original monster is requested, than that will discussed beforehand and handled on a case-by-case basis.
  • Animal Pets: I can add pets to a character illustration or even do a sole illustration of a pet in a simple environment but please note it will be an ILLUSTRATION and not a pet portrait or semi-realistic rendering of the pet requested
  • Furry Characters/Personas: I can make exceptions at my discretion if the client can provide a variety of detailed references
  • I can also do Hrothgar characters from FFXIV provided a multitude of references are given (preferably screenshots from in-game as having 3d renders help a lot with anatomy)

                                 II. GENERAL TERMS.

  • Due to some mature subjects that I am open to illustrating, Clients requesting a commission from me must be 18 years or older. By agreeing to this TOS than you are affirming that you are 18 years or older.
  • My work CANNOT be used for AI Generators or NFTs.
  • My work CANNOT be used commercially or claimed as your own
  • Completion of commission is between 1 to 3 months from the moment I receive full payment
  • Please take special note of the time frame given for completion of work, abuse and harassment of any kind will not be tolerated and will only result in a cancellation of your commission and the potential for refund will follow the REFUND POLICY outlined below in Section II.
  • For complete transparency, the large time frame is to cover any potential setbacks such as health issues, family/personal issues, complexity of work, order of commissions, etc.
  • If any issues come up during your commission that will require me to pause work or have it take longer than the given time frame, you will be notified asap.   
  • If you are gifting the artwork commissioned and need it within a certain timeframe please read through Section IV.
  • Should the Client wish to keep the commissioned artwork private and not publicly posted, it must be requested at the beginning of commission process. (Please read Section V. Image Copyright and Usage Policy)


                          III. PAYMENT INFORMATION

> Once your commission request is accepted, payment in full is expected within 48 hours
             - If no payment is received within the time frame and no attempt of discussion for a time extension has been given than I, the artist, reserve the right to cancel your commission

> Accepted forms of Payment: Paypal, E-transfer (Canada Only), the secure checkout at my website www.rubituesdai.com

  • All currency shown is in Canadian Dollars
  • All commissions must be paid in FULL before artwork is started; I, the artist, accept a pre-discussed payment plan BUT please note that I will not start the commission until payment is COMPLETE
  • Completion of commissions is anywhere between 1 to 3 months from the moment I receive full payment

3.1 REFUND POLICY

> Refunds given are based on how much work is done

      -  If the Commission is cancelled by me or the client BEFORE any work has started, then the client will receive a full refund

- If the client cancels the commission during progress of the commission, the refunded amount will be a case-by-case basis and it is up to the artist’s discretion.
A rough estimation of percentage of refund is as follows:

- Sketch phase: 90% refund
- Partial or complete Linework phase: 50% refund
- Base colours/Shading phase: NO REFUND*

*NO REFUNDS will be given for nearly completed or completed commissions

The artist reserves the right to cancel a commission at any point in time for any reason and without explanation; should this happen, a FULL REFUND will be given.

PLEASE NOTE: Should a CHARGEBACK be filed against me, the artist, after COMPLETION AND SUBMISSION of commissioned artwork the client will be blacklisted from commissioning me and will be publicly listed as a “Problem Client” to warn other Artists/Creators on ALL my social media platforms.    


                           IV. COMMUNICATION OF WORK

  • All discussions regarding the commission will be done through either email or Discord DMs chat ONLY.
  • After I accept your commission order request and Payment has been completed, I will request references of characters and anything specific the Client wishes me to add to the illustration.

    4.1 - Reference Guidelines:
  • Clients must provide at least 1-2 clear visual references and supplement the reference with any important or detailed information I may need to draw the characters.
  • Especially for Original Characters or Book characters, please provide as much information of them as possible when it comes to physical traits, their gait, tattoos, etc and including but not limited to personality traits, likes & dislikes, favourite colours, aesthetics, etc. And a short background of history or quick synopsis of their story so I can get a better sense of them. The visual references you provide for these characters does not have to be exactly what you envision them to look like but can simply have the aesthetics or a close resemblance to them.
  • Mood boards are also accepted and even encouraged as it gives me a feel for what you’re looking for atmospherically.
  • I love being given the artistic freedom to do whatever with an art piece BUT if you have a very specific image/setting/atmosphere in mind please don’t hesitate to detail it out and communicate it with me. I will work with you and try my best to create what you envision and want but note that some variation is to be expected so please be reasonable in your expectations as well.


    - For Clients who like to be more surprised and don’t want to be “spoiled” by being shown a progress step please let me know ahead of time and be sure to be as clear and concise as possible in the references provided.
    - I will also insist to show the client at least the Rough sketch so I have confirmation the Client is happy with the overall layout and placements, as well as the Colour palette.

     

                      V. IMAGE COPYRIGHT AND USAGE POLICY

    5.1 - I, the artist, retain full and exclusive rights to the original artwork.
               -     The client may not claim the artwork as their own or use it for anything other than personal use ONLY. (Please read 5.2 for details.) 

    > I, the artist, am allowed to use the copyright artwork to Promote myself within any place or site, Publish books with, Display the artwork anywhere at my discretion.
                 - Exception to this is if the Client requests that the artwork stay private, in which case any discussion and agreements made during the commission process concerning how/where/when/if the commissioned artwork is posted is respected and honoured.  

    5.2 All commissioned artwork is for non-commercial purposes only.
               -     Redistribution of my artwork for use in printed merchandise or as promotion of goods and/or services or on social media platforms is prohibited UNLESS OTHERWISE NEGOTIATED DURING COMMISSION ORDER PROCESS. (Please note the fees are higher for artwork done for goods/services purposes.) 

                 - Should you be given permission to do this, you will be given a signed form of permission by me, the artist, that the artwork can be used for promotional goods and/or services at the clients discretion.

    5.3 Reposting Artwork
                 -     Clients have permission to repost the commissioned artwork wherever they would like, as long as proper credit is given and a link to one of my social media platforms is provided. (ie. Instagram, Tumblr or my Website)

    5.4 Prohibited Actions
                  -     Alterations of any kind of my artwork, without explicit permission by me, the artist. 
                  - Claiming the artwork as your own or re-purposing parts of the artwork image

    > Should any of the terms in Section V. be broken, you will be blacklisted from commissioning me and will be publicly listed as a “Problem Client” to warn other Artists/Creators.   


    THIS TOS MAY BE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. CHANGES WILL NOT BE APPLIED RETROACTIVELY.

    THANK YOU FOR YOUR INTEREST IN MY ARTWORK.

    By commissioning me, you are stating that you have read and agreed to the terms above.

    Version 2
    Created: March. 1st, 2023
    Updated: Aug. 6th, 2023