Amayensis | Art
Terms of Service
Before ordering a commission, all clients must read, understand and accept the totality of the terms below.
I may edit my Terms of Service any time, though new terms will not affect commissions or quotations that were agreed on prior to them.
Terms applicable to Adoptables can be found at the bottom of the page.
Updates:
27 Aug 2022: added II.4
26 Oct 2022: changed V.5
04 Nov 2022: clarified II.3
18 Jan 2023: changed VII.6
5 Mar 2023: added II.9
19 Mar 2023: updated I.6, added section VIII
19 Jan 2024: Key points added, various edits
23 Sep 2024: changes to Adoptable rules
KEY POINTS
These terms apply to all private (non-commercial) projects by default. A commission order is private by default. You may not use an artwork ordered as a private commission for commercial purposes (which means earning money with it). Let me know beforehand if your order is intended for commercial use, additional fees may occur.
When my commissions are open, place your order through the form on the Status and Order page, or by email.
Payments are made upfront through a PayPal invoice I will send to your email.
Cancelling a commission will result in a partial refund depending on the progress already made.
Edit requests may require the payment of additional fees.
For most commission types, I will send you a final high-quality file with my signature for private use, and a lower-quality file with my watermark and signature for public sharing. If you share the artwork, you must credit me (Amayensis) as the artist.
You may not remove or alter my signature nor my watermark from the files I send to you.
I still fully own the artwork's rights and may use your commission for commercial purposes without sharing profit unless agreed otherwise.
I - General information
These Terms of Service are relevant for all private (non-commercial) projects. A commission order is private by default. By ordering and paying for a private commission, you declare accepting the totality of these terms. Other rules may apply to commercial projects, that we must discuss beforehand. Commercial projects require the signature of a specific contract between all parties before payment.
Commercial projects include: a business logo, a cover for a book that you plan to sell, Twitch or YouTube assets (if you earn or plan to earn money from your channel), etc.
You must be of legal age to order a commission (18+).
Please only use intelligible English or French when communicating with me, or at least be fluent enough in either of these languages in order to avoid misunderstandings (especially for medium/big commissions). This applies to your messages, reference pictures, descriptions, and anything you send to me that is related to the project.
Be polite and respectful when communicating with me. I will not tolerate behavior that is considered rude to my standards and may stop working with you in that context.
Also be respectful towards my schedule! After sending me a message of any type, please be patient and wait 5-6 days before trying again.
Privacy policy: I collect emails, names and nicknames solely for my personal business records, for communication during commission process, or to send updates via Newsletter for subscribers. I do not share or sell your information to any third party. If I ship a physical artwork to you, I will also record your real name, phone number and physical address, but I will not share them with anyone except the postal service for shipment formalities. You may ask me to delete all your personal information from my records by sending me a request by email.
By default, any dispute regarding my work must be examined under French law.
Although the present Terms of Service are written as a serious, professional resource, I adapt my communication to my clients and enjoy chatting in a much friendlier way if you're open to it!
II - My offers and prices
All my commission offers are in digital medium unless specified otherwise.
I can draw in several different styles, though I can be more or less comfortable with each of them. If you have a particular style in mind for your commission, please specify it (show me an example if you can), and I'll tell you if I feel comfortable to do it. If not specified, I will use my default "semi-realistic" style or suggest one I find fitting. Note that I may apply changes to any character to fit my art style.
About the subjects I can draw and art styles I can use:
I'm most comfortable with: humans (and human-like), animals, anthros, creatures (dragons...), Monster Hunter characters or creatures; semi-realistic art style, Monster Hunter icon art style, stained glass inspired style.
What I am less familiar with but want to get better at: Dungeons and Dragons characters (I'm not a DnD player), World of Warcraft characters (I'm not a WoW player), some other fandoms, nature/fantasy backgrounds.
What I'm unfamiliar with: artificial backgrounds (architecture...), science-fiction; anime art style.
What I may or may not draw: artistic nudity, NSFW, gore.
What I will not draw: fetishes, illegal activities, hate or politically incorrect subjects.
Please note I may refuse to draw over-sexualized characters (e.g. characters with unreasonably big chests) unless you're fine with my giving them proportions that fit my own aesthetic.
All my prices are excluding taxes.
All prices are subject to change over time. Changes do not affect quotations for their period of validity.
All prices shown in the price chart are average base price ranges for one average character, with no background. Each price is subject to change depending on the commission and the time needed to complete a given artwork. A simple commission may be charged lower than the base price, but more complexity will result in a higher price.
Complexity may refer to (among other things):
character design specifics (outfits, color patterns, wings, particular anatomy...)
art style specifics (level of detail, realism, specific stylization, coloring style, textures such as fur, feathers or scales...)
composition (tricky postures, viewing point, lighting, perspective, background...)
Based on the information you provide, only I can decide what kind of things count as "extra complexity".
I don't do discounts on additional characters. The price associated with two characters in the same artwork will be equivalent to the sum of the prices of the two characters separately.
About traditional art: the displayed prices of the traditional art offers are the "initial prices", which include the creation of the artwork, a high resolution scan and/or photo and a watermarked photo of the artwork sent to you digitally. The shipping of the original artwork to your physical address is optional and requires additional fees (see section VIII for more details).
III - Commission openings
My openings are officially announced in the Status and Order section of the present website. I sometimes open commissions only for one or more specific offers, so make sure to check them out before sending an inquiry.
If you send a commission inquiry by any other means than the form outside of my openings, I may ask you to be patient and to fill the form when my commissions open. I do not do reservations, nor do I keep waiting lists outside of my openings, aside from some exceptions.
You may ask for a quotation for your project anytime, but I may be slower to answer outside of openings. A quotation is valid for 3 months and may be reconsidered after this period if my price chart has changed.
IV - Ordering a commission
To order an artwork, use my commission order form.
Please be precise when sending a commission inquiry: you must be able to provide visual references for the character (except for a character design commission) with additional information such as the type of offer you're interested in, any specific mood, pose or composition requirements, etc. If you have a specific idea in mind, a rough draft of what you would like can be extremely helpful, often better than a long written explanation! Otherwise, I'm open to artistic freedom too.
You may give directions for the desired size (in pixels, inches, cm...) of your commission, however one artwork can hardly exceed 5000 pixels on the largest dimension with my current setup.
If you plan to use your commissioned artwork for another purpose than simply owning it/sharing it online, for example: using it in your DnD world-building as dungeon master, printing it for a card game, using it in a zine... please tell me about it!
I reserve the right to refuse a commission without giving any particular reason or explanation.
Depending on the amount of inquiries I receive for a given opening, the order in which I take commissions is at my discretion, which means it is not necessarily "first come, first served".
I prefer working without deadlines. If a deadline is desired, it may affect the price. Deadlines must be discussed and clearly agreed on beforehand. They may also be rejected. If I do accept your commission with deadline, you commit to being reactive when I send you updates (you must be able to reply to my updates within one or two days after each update, depending on the deadline). Otherwise, I may cancel the commission.
In some rare cases, I may ask for your identity documents to verify your eligibility for a commission, especially if I am not familiar with you; for example for expensive commissions (500+ euros) or unusual requests. If you refuse to provide them, I may decline working with you.
V - Payment and refunds
Once we've agreed on your project and the price, I will send a PayPal invoice to your email. Please specify the email associated with your PayPal account if you have one. However you don't need a PayPal account to pay an invoice (a valid email and a credit or debit card suffice). Do not pay anything before you've received my invoice!
Payments are made upfront, upon the receipt of the invoice. I will not work on your commission before the payment is complete (except for paument plans, see below).
For one given commission project, the quotation I send you is non-negotiable unless specified otherwise. If we agree on a lower price than I suggested, the commission will be of lower quality as well.
I accept payments through PayPal by default, or Ko-Fi if you prefer. I will not accept any other form of payment.
I only send invoices in Euros (€). PayPal converts currency automatically.
Once received, an invoice must be paid under 7 days, before I start working. If you need more time, just ask me and I will extend this period; but then I'm more likely to take another commission before yours in the meantime, which may further delay your order.
PayPal fees are already taken into account in my prices, you do not have to pay fees additional to the invoice price we agreed on (except if taxes apply).
In most cases, payment plans are available for commissions of 250€ and above. Each payment would be of minimum 100€. I can start the sketch after at least 50% of the total price is paid, and start coloring/rendering once the full price is paid.
If you choose to pay with Ko-Fi, please let me know. You'll be required to pay it directly on my Ko-Fi donation page with a message showing it's you.
If the client cancels a commission: you can cancel a commission anytime and ask for a refund. Refunds are calculated based on the progress already made on the commission. Once a commission has been discussed and the invoice has been paid, cancelling the commission before the actual work has started will result in at most a 95% refund.
If the artist cancels a commission: I reserve the right to cancel a commission at any time in the process, for any reason (especially: rude or inappropriate behavior, poor communication, inability to complete the artwork...). If I cancel the commission, I will issue a refund depending on the progress already made.
If you're unreachable by DM or email for 3 weeks or more, I will send you emails regularly to solicit you again. If you end up unreachable by email for 3 months or more, I may consider the commission cancelled, and a refund based on the progress already made on the project will be issued.
If a project is cancelled and refunded, I will not work further on it, unless a new payment is discussed and issued.
VI - Creation process
I only start working on the commission after full payment of the invoice (or after the first half of the payment for payment plans).
I usually send updates and WIPs (work-in-progress) whenever I make progress on the artwork. These are good opportunities to inform me if there are any things you would like me to change or add before I work further on it. If you prefer not to receive WIPs, let me know!
If you ask me to make changes on a commission during the process that will significantly increase the time I planned to spend on it, it may result in additional fees that must be evaluated and paid via a separate invoice, before or while the changes are being made; or I may refuse doing them. Same rule applies to changes requested after the artwork was finished.
Please respect that I work on commissions at my own pace, and am free to work on other projects at the same time, personal or not.
Refrain from asking me every day about the process of your artwork; however, if you do not hear from me and your commission after one or two weeks, feel free to send me a polite message to ask for news.
I will contact you if I come across difficulties to make progress on your artwork (it will usually result in slower work or delays, at worst a cancellation and refund).
By default, I reserve the right to share WIPs/timelapse recordings of your commission on my Patreon and with my friends. If you do not agree, specify it beforehand.
VII - Right to use
For most commission types, I will send you at least two versions of the final artwork: a full resolution PNG with my signature, for your personal use (print, profile picture...) and a compressed, watermarked JPEG version for sharing online. If you decide to share the artwork (on social media, with your friends...), you must only share the compressed watermarked one, with proper credit.
It is your responsibility to safely save the final file(s) to your own device and/or online cloud once the commission is done. If you lose it, I cannot promise still having the file to send it again.
You do not have the right to remove nor alter my signature or watermark on my works. If you want to use my artwork without my signature, it equals to buying the commercial rights to the artwork, which we must discuss beforehand.
Credit me when you share the artwork online. Do not claim its creation as your own.
You may compress, resize, crop and apply filters (black and white, artistic filters...) on your final commission without asking me first, as long as it doesn't infringe rule VII.3 above. If you want to make more specific edits to it, please ask me for permission first.
I still own the artwork's rights and reserve the right to use the artwork you've commissioned for my own portfolio, advertising, personal prints, sharing with my Patrons, and commercial purposes (such as selling prints), without sharing profit. If you want to keep the image rights, we must discuss it beforehand and it may result in additional fees.
If your commission is a time-sensitive work (such as a birthday or Christmas gift), I can delay the public showcase at your request. Make sure to let me know during our first discussion about your project!
While I keep the artwork's rights, I do not own the depicted characters' rights.
You may not use my artworks for any commercial purposes (selling the files, selling prints, using it in any lucrative project...), unless it is a commercial project we have discussed beforehand.
Minting my artworks as NFTs is strictly forbidden. Using them in blockchain is strictly forbidden. Any of my artworks used in any blockchain websites are copyright infringements and shall be reported.
VIII - Traditional art specificities
The default traditional art order only involves the creation of the artwork and a scan/photo of the artwork (included in the "initial price"). For eligible artworks, you may ask for the original artwork to be shipped to your address, in the case of which additional fees are added to the initial price. You can decide whether you want the artwork shipped to you before or after the creation of the artwork.
Additional fees for original art shipping include an "original extra" (percentage of the initial price), and the shipping fees. The shipping fees vary (typically ~10€ for shipping to France, ~40€ for shipping to the United States). I can provide you a more precise estimate of the shipping fees if you send me your address.
My additional fees do NOT include any potential customs duty. Customs duty, if any apply, are your responsibility. I cannot provide an estimation of the customs duties (though they can be of 0€ in some cases). If your country is part of the European Union Customs Union, there will be no customs duty.
The additional fees can be paid before or after the creation of the artwork, but must be paid before the shipment, via a PayPal invoice (may be included in the initial commission invoice, or a separate invoice).
Unless stated otherwise, shipment is initiated within 1 month after the completion of the artwork or after payment of the additional fees. I will provide you with the parcel number and postal service website so you can track the shipment progress.
If there is an issue during the shipment:
Regardless of the issue during shipment, I will not refund the initial price of the artwork (the scanned image).
If the artwork is heavily damaged when you receive it, send me a few pictures as soon as you receive it, and I will issue a partial refund of the additional fees ("original extra" + shipping fees) depending on the damage.
If the artwork isn't delivered at all, I will issue a refund of 100% of the "original extra" and 100% of the shipping fees.
If other issues arise during the shipment, we must discuss them privately.
Once the artwork has been delivered to you, it becomes your responsibility to keep it safe from damage.
IX - Adoptable-specific rules
Most adoptable sales and auctions are reserved for Patrons in priority, and take place on my Discord server. Adoptables that weren't sold on Patreon will go up for sale publicly (most likely on Twitter or DeviantArt).
- About adoptable auctions
You must be 18+ to be allowed to participate in auctions.
You must be polite with others and play fair. Any inappropriate behavior will lead to being kicked or banned from the current auction +/- future ones.
Always reply to the highest bid with a higher bid.
For one given batch of adoptables (= adoptables sold together at the same time), one person may participate in the auctions of several adopts at the same time. However one person may effectively buy only 1 adoptable from a given batch.
In the case you won several auctions of a batch, the adoptable you will buy is the one for which you bid the highest price. The other auctions you may have won will then go to the second winner, etc.
Auction vocabulary reminder:
Starting bid (SB) = the lowest price possible for a given adopt.
Minimum increase (MI) = the minimum amount of money a bidder must add to the previous bid.
"Bonus milestone" (BM) = a price from which bonus art is added to the rewards the final buyer will receive.
Auto-buy (AB) = the price of the adopt for someone who would like to buy it immediately, by-passing the auction.
The auction closes 24 hours after the last highest bid, or immediately after an Auto-buy (AB).
- About buying an adoptable
Once you've received confirmation of the sale from me, I will ask for your email and send you a PayPal invoice with the final price of the adoptable. The price must be paid in full within 2 weeks after receiving the invoice (payment plans can be discussed for payments above 250€). You won't get ownership nor any artwork related to the adoptable before the full price is paid.
You receive ownership of the design as soon as the full payment is processed.
Some adoptables may be sold with bonus artworks: please refer to the specific rules of each sale or auction to see what kind of artwork(s) you will receive. You cannot request any more artworks than the ones specified in said rules (unless we agree on additional payment).
Some bonus artworks are made only after the adoptable has been sold, so there may be a delay between the moment you purchased the adopt and the moment you receive all the bonus artworks.
- About adoptable ownership
The owner may make changes to the design without asking for my permission.
You can give it a name, a personality, a backstory, use it for role-play, make or commission art of it from other artists etc.
You must credit me (Amayensis) as the original creator of the design.
You cannot alter or remove my signature / watermark from the artworks you received from me.
You may give, trade or resell a design. You may NOT resell the design for a higher price than what you bought it for.
Using the adopt in situations implying any illegal activities is strictly forbidden. Using them for NFTs is strictly forbidden.