Terms of Service
Last updated 16th June 2022
Through commissioning LiteralHat, the client has acknowledged that these Terms of Service apply to the transaction.
Note that they are always subject to change, and it is the client’s responsibility to read and understand them. If there are questions that need to be answered, do not hesitate to send an email.
These Terms of Service may be negotiated.
1.0 General Terms
1.1 Do not ask for free works.
1.2 Payment via gift cards and ‘exposure’ are not accepted.
1.3 Please be descriptive with references (if necessary) and write in a clear manner. If your English ability is not the best, that is okay as long as we can figure out what you want.
1.4 Disrespect/rushing will result in the termination of the commission and a full refund.
1.5 I have full rights to deny you a commission without any given reason, whether they are on the displayed ‘Refuse to Draw’ list or not.
1.6 I have all rights to block you if you have made me uncomfortable. You are entitled to a full refund if payment has already been made. Refer to 3.1
2.1 PayPal is the only accepted form of payment and must be provided in USD, or the equivalent amount in the client’s currency
2.2 All payments must be sent before the artwork is started unless discussed beforehand.
2.3 I have the right to cancel the commission at any time in the event that a personal misadventure has occurred. Refunds will always be given. Refer to 3.1
2.4 If you file an unlawful chargeback against me, all your rights to my art will be withdrawn and legal action will be taken against you.
3.1 You are entitled to a full refund if payment has already been made. This can be for any reason, whether it be personal (change of mind), financial, or unspecified.
3.1.1 Exception 1: The artwork has already been started with proof via a work in progress shot. If this is the case, you are entitled to 50% of the amount paid, regardless of how much progress has been made.
3.1.2 Exception 2: The artwork has been completed in full. No refund will be given.
4.1 One sketch of the artwork will always be provided, further WIPs will also be provided if necessary. You can ask for an update whenever you want.
4.1.1 Regardless of this term, it is my responsibility to keep you updated with the progress of the artwork.
4.2 Client must have a clear reference sheet or image if a specific character is being drawn.
4.2.1 Changes can be requested if the mistake is on my end, however if the reference sheet is incorrect you may be denied a change.
4.3 Character Rights
4.3.1 In the event that you commission an artwork of my own characters, you have absolutely no rights to them or the artwork, and physical postage of the work will be denied. You are only paying for me to illustrate a concept that you desire to see in my own universe.
4.3.2 I do not do commissions for original designs, ‘customs’, or ‘adoptables’.
184.108.40.206 Thus, I will most likely refuse a commission asking for generic character line art or ‘bases’
4.4 Animation Works
4.4.1 Under NO circumstances may you use an animated profile picture in your own video, regardless of if credit is given or not. This falls under ‘Animation’ memes and any sort of other compilation video.
4.4.2 If you commissioned me specifically to do part of your video or to make a video for you (more than 5 seconds, non-looped, non-square aspect ratio), then you may use said work as long as credit is given.
4.4.3 You may edit the speed of the animation to suit your personal preferences.
4.5 If you commissioned for an artwork without color you may not color it unless permission has been granted.
4.5.1 If you changed your mind AFTER the work is completed and you want me to add color it is an extra 5 USD.
5.1 Art produced from this service may appear as examples on my commissions page, or posted on other social media platforms. However, they will not be sold as merchandise or prints.
5.1.1 If you do not want your commissioned artwork to be posted online to the public, you need to bring this up beforehand. An extra fee may incur depending on the nature of the commission.
5.2 You cannot remove signatures, watermarks, and logos through cropping, photo manipulation, or other means of removal without prior permission
5.2.1 Exception 1: You are using the work as a profile picture which will only display a part of the artwork. In this case you don’t need to worry about logos and signage staying within the range of the visible profile picture.
5.2.2 Exception 2: You are removing the background of the work to use in a video or other sort of personal branding, then clear credit MUST be given and you must discuss with me beforehand.
5.3 You may not claim ownership of the artwork.
5.4 You may not reproduce the commissioned artwork and sell it (prints, badges, etc.).
5.5 You may use artwork for personal use or to promote yourself if clear credit is given.
5.6 You may not manipulate the work to create a new derivative of the piece (such as manually animating it or tracing).
6.0 Terms Of Postage
6.1 The postage fee covers 1) tracking and 2) rights to the physical piece of artwork.
6.1.2 You may resell the work for the same price or lower.
6.2 A photo of the parcel / envelope will be taken before your artwork is sent.
6.3 It is my responsibility to make sure postage details are written clearly, but the client’s responsibility to make sure that the details are correct.
6.3.1 If address and name details given by the client are not correct and only discovered to be so after the item has been posted, there will be no refund given.
6.3.2 If I have made a misspelling in the client’s name, they are not entitled to any refund.
6.4 If the artwork is lost in the mail you will be denied a refund.
6.5 Artworks will always be posted in an envelope with a piece of card and placed in a ziplock to prevent water damage.
6.5.1 If the artwork has been damaged after the artwork has been posted (not in the hands of the artist) then no compensation will be made.
7.0 Infringement Of Rights
7.1 In the event that rights have been infringed, consequences will be carried out depending on the nature of the infringement.
7.2 Refer to 3.1 for refund agreements.
7.3 Infringement of terms 4.3.1, 4.4.1 will negate term 3.1 and result in a FULL CHARGEBACK even if said artwork is completed. All rights to said work will be withdrawn, and no refund will be given.
For further support, questions, inqueries, or suggestions. Please shoot an email to firstname.lastname@example.org .