Updated ish TOS

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Figured i'd just update this a little :) I think I managed to cover everything but if there are any questions let me know!

This will pertain to any orders from today and forward, Should any changes be made you will be alerted and a new version will be posted. Please read and understand fully what is provided in this information. A copy of this will always be sent when a commissioner contacts me and a sale is made

Nightspiritwings/Stefanie Kelly’s Artist Terms of Service and Payment Contract

What’s needed to order:
-If Digital art:
What you are ordering, quantity as well, IE: 2 headshots, three full bodies etc.
Reference sheet as well as any additional images or vital character information
Method of payment (accepted forms are paypal or snailmail)

-If Traditional art:
What you are ordering, quantity as well, IE: 2 headshots, three full bodies etc.
Additional ordered items such as lanyard, lamination, etc
Reference sheet as well as any additional images or vital character information
(Please note colors may look slightly different with traditional art due to the nature of the mediums used)
Method of payment (accepted forms are paypal or snailmail)
Mailing address as well as mailing name (a name MUST be provided in order to ship item, please include apartment numbers, suite numbers etc. very important)
Please provide this information upon ordering.
Rush orders:
While more often than not I’m more than happy to push an order up to make a special date or event for free, I may charge a 5dollar fee depending on the circumstance. I have yet to have to do this, but should it become a regular thing I may have to.

Pre-completion sketches:
Sometimes Sketches are sent or offered, but usually are not unless specifically requested. In the event a sketch is requested before color, you are allowed one sketch preview. I may provide more sketch previews if I feel it necessary in order to confirm I made the correct changes. Please be honest but not crazy. What I mean by that is, if you don’t like how your commission looks SO FAR, tell me, but don’t go “OMG the ONE hair on the left is too curly! Or OMG the nose isn’t at a 90degree angle!” You get my drift.
Artistic Freedom:
I am an artist that works magnificently with artist freedom given, please allow breathing room for your piece however gentle suggestions and guidance are welcomed, IE: my wolf laying, a happy expression, two of my characters high fiving. If your commission is too incredibly specific and overbearing I may end up turning your commission down, and I really don’t want to do that.

For Traditional Orders:
-Shipping TOS for Traditional art and printed digital art:
All traditional medium pieces are packaged carefully, some with piece of cardboard and wrapping depending on item, others in a bubble wrap insulated envelope. 
The address provided is the address that is put on the mailed item. Once the item has left my hands I am not to be responsible for any lost, damaged or otherwise compromised delivery of your artwork. I cannot stress enough the importance of a proper mailing address.
Should you wish to purchase tracking on your shipped item, it can be provided to people within the U.S. for two to five dollars additional. However out of country packages are not eligible for tracking due to extreme cost to have it included. (unless you want to pay it)
Shipping is otherwise free for residents within the U.S. for item shipping costs under the amount of $5 (this is not including tracking). Shipping to Canada however is an additional $1, and shipping to any other country ranges between $2-25dollars (IE: small packages are super cheap even to ship international, big packages like large paintings more expensive). To determine the cost to ship internationally please note me.
Please note that I am able to provide photos of all shipping receipts if requested beforehand. (I don’t hang onto receipts forever)

-Your rights as a buyer:
You may repost or display the commissioned artwork given watermark remains on the piece and credit is given to me as the artist
Modification of artwork is also permitted as long as credit is given and new copyright to me is provided on the piece. (© Nightspiritwings)
You are not allowed to remove or destroy the watermarks on the commissioned piece, sell, claim or otherwise give out this as work, or take credit for the piece created.


-Payment:
Payment accepted are as stated above, snailmail and paypal. I prefer paypal. 
Payments must be in USD only. Paypal users must convert payments to USD if paying from other countries with different currencies into the equal USD amount required for commission. 
Payment is required upfront, prior to beginning the commissioned artwork unless I state otherwise. 
Payment contract is provided and includes Terms to determine refunds if requested.
If paying with paypal, please note me with your paypal email address. DO NOT send payment prior to receiving a payment invoice. Please complete and pay through invoice sent. 

Completion and refund terms: (also included in payment contract)
Time
I do not guarantee a date of completion for artwork, due to my circumstances. Only once exception is provided for this statement, and that’s if we discussed a needed due date and came to an agreement together. IE: you need something by your birthday in three weeks and we both agreed that this would be fine. Then and only then am I expected to get artwork done in the discussed time.
I do my best to get art out in a timely manner, commissioners are always welcome to ask for updates, a pre-sketch, and watch my front page where I provide updates on each commission.
Refunds
Should I be unable to complete a commission due to an occurrence outside my control (acts of god, weather damaging home, fires, accident, illness, burnout, etc) or that I simply find myself unable to complete commissioned piece, I will provide a full 100% refund to the commissioner.
If the artwork has been started, depending on amount completed and time/effort put in, a fair and reasonable refund will be discussed personally between me and the commissioner. I do however have the final say on how much of a refund will be provided. 
Refunds will not be provided if artwork is completed. 
No refund will be provided for reasons such as “I do not like the completed piece, I decided I wanted something different, etc”
No refunds will be offered for those who fail to read the TOS provided above.
No refunds will be offered for shipped items that have safely left my hands but either got lost, damaged or otherwise compromised, please note I do provide photo evidence of shipping receipts upon request. 



Payment contract if requested:
-Payment Contract:
I Stefanie Kelly (Nightspiritwings) guarantee the following:
Should I be unable to complete a commission due to an occurrence outside my control (acts of god, weather damaging home, fires, accident, illness, burnout, etc) or that I simply find myself unable to complete commissioned piece, I will provide a full 100% refund to the commissioner.
If the artwork has been started, depending on amount completed and time/effort put in, a fair and reasonable refund will be discussed personally between me and the commissioner. I do however have the final say on how much of a refund will be provided. 
Refunds will not be provided if artwork is completed. No refund will be provided for reasons such as “I do not like the completed piece, I decided I wanted something different, etc”
No refunds will be offered for those who fail to read the TOS provided above.
No refunds will be offered for shipped items that have safely left my hands, please note I do provide photo evidence of shipping receipts upon request. 
Date:
Username and real name:

User agreement contract:
I __________________ the commissioner agree with the payment contract and terms of service provided. I understand and have read thoroughly everything presented in the above information. I have asked all needed questions and confirm that my order is complete and have no further questions or concerns regarding my order.

Date:
Username (Needed) /Real name (option):



I hope this is thorough and clear to all my wonderful watchers and commissioners :) if you see something that you don't understand please let me know! I want this to be perfect.
© 2014 - 2024 nightspiritwing
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