1.0 - General Policies:
1.1 - Payment will be made by PayPal invoice (USD) only. Work will not start until payment is made.
1.2 - Gray Silhouette reserves the right to
1.2a - Refuse a commission or work with a commissioner.
1.2b - Terminate work on a commission with any commissioner who becomes uncomfortable to work with during the process. In this case, payment will be refunded and all progress on the commission will belong to Gray Silhouette. Intellectual Property (IP) will still belong to commissioner if the subject belongs to the commissioner and/or artistic freedom was not given to Gray Silhouette.
1.3 - Gray Silhouette reserves the right to stream, record, and post commission work unless requested otherwise.
1.4 - All communication between Gray Silhouette and the commissioner will be treated as confidential by both parties, unless agreed upon in email agreement or as necessary to prove Violations of these Terms. No personal information shall be divulged in part or in full by either party, including payment information or personally identifying information such as name or address.
1.5 - Gray Silhouette reserves the right to modify these Terms of Service and Conditions for Commissions as necessary to protect their IP, copyright, assets, clients, and business.
1.6 - All art work is digital. As such, a file or file(s) will be emailed to you upon completion. No physical good will be mailed to you. All delivery is by email.
2.0 - Payments and Refund Policy:
2.1 - All prices are estimates and vary by complexity, detail, and size of the commission.
2.2 - Upon request, Gray Silhouette accepts half payment upfront for more complicated works, with the other half due upon approval of the initial product.
2.3 - If you initiate a chargeback without attempting to negotiate a refund with Gray Silhouette and have not given them reasonable time to respond (seven (7) business days as listed as commission days on Commission Schedule page, see 5.6), Gray Silhouette reserves the right to challenge your chargeback and blacklist you from commissioning them again.
2.4 -. Refund policy:
2.4a - A refund of your initial payment at the initial product phase will be made if you are unsatisfied with the way the sketches are turning out and no satisfactory sketch can be agreed upon. All progress remains Gray Silhouette’s Intellectual Property (IP) and copyright.
2.4b - No refund will be issued after you have approved of the rough draft phase.
2.4c - Gray Silhouette will not issue a refund once the piece is finished. No exceptions. All sales are final.
3.0 - Commission Content and Revisions:
3.1 - Gray Silhouette is not experienced/comfortable with and does not accept commissions containing: gore, gratuitous violence, body horror, fetish art, horror, sexual relations. Email Gray Silhouette if you are unsure about your idea.
3.2 - Gray Silhouette will NOT:
3.2a - Copy or trace another artist’s art or Intellectual Property.
3.2b - Accept commissions for any copy-righted series that its creator has expressly forbidden them.
3.2c - Photo-manipulate an image which you do not own the copyright of.
3.3 - Gray Silhouette WILL:
3.3a - Reinterpret things such as video game cover art or characters in Gray Silhouette’s own style of art.
3.3b - Accept fanart based commissions.
3.4 - Any additional art requested after the original agreement and payment will be subject to a new agreement and payment.
3.5 - The modelling phase is the time to point out any errors before rigging and coloring begins. The modeling phase is the final point where Gray Silhouette can easily make changes to the model itself. Any changes during rigging may be subject to a revision fee depending on the complexity of the change. No revisions will be done after the coloring phase except minor color changes.
4.0 - Usage Rights and Merchandise:
4.1 - Your commission is for noncommercial purposes only and not for resale. Any commercial art will have an additional fee, 20%-50% of the original price depending on usage.
4.2 - You may make icons, avatars, wallpapers, and banners from commission art as long as you do not claim the art itself as your own and give Gray Silhouette proper credit when asked. Other editing is not allowed including, but not limited to, any type of editing which distorts or modifies the original commission in such a way it is significantly changed or nearly unrecognizable.
4.3 - Gray Silhouette reserves the right to use private commissions for a private portfolio application for artist positions.
4.4 - The commissioner is given a non-transferable license to use the commissioned art as agreed upon in email communication and as usage terms were specified in this Terms of Service and Conditions for commissions.
4.4a - If purchased as a gift, the license will belong to the recipient of the gift art.
5.0 - Time to Completion (TTC) and Waitlist:
5.1 - Any time to completion (TTC) dates given are estimates. Gray Silhouette reserves the right to:
5.1a - Delay completion date due to outside circumstances (Circumstances include, but are not limited to, health, family, delay in communication, other commissions, and work.)
5.2 - Commissions with short or strict deadlines may be denied.
5.3 - Gray Silhouette will provide progress shots throughout the process for feedback which requires a prompt reply.
5.4 - Gray Silhouette works on commissions in order of payment; however, when Gray Silhouette is waiting for a response from another client, they do work on other commissions. The previous commissioner is still priority until that commission is finished.
5.5 - Commission start date is an estimate based on how long it is expected to take to complete all previous commissions. With no waitlist, start date is typically from date of payment or next commission day after payment.
5.6 - Please respond within twenty-four (24) hours to commission updates. Your commission will be delayed and possibly moved back on the schedule to allow Gray Silhouette to work on other commissions if your response is delayed.
5.6a - After more than three (3) days without a response, there will be a fee of up to 20% original price to compensate for lost time and revenue.
5.6b - After seven (7) days without a response, your commission will be put on hold until a response is made. A late fee of 40% of original price will be assessed to compensate for lost time and revenue.
5.6c - After more than a month (30 days), your commission will be terminated and no refund will be issued regardless of progress. All progress remains Gray Silhouette’s Intellectual Property (IP) and copyright unless the subject of commission is owned by the commissioner. Any progress made will not be given to the commissioner and will remain Gray Silhouette’s property.
6.0 - Liability and Termination:
6.1 - You agree that Gray Silhouette will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from Gray Silhouette’s performance (including, but not limited to, failure to complete artwork on time, regardless of whether the failure was intentional or negligent.)
6.2 - You agree that due to digital constraints all commissions made for print, merchandise, or display are subject to change upon third party reproduction. Gray Silhouette is not responsible for any alterations due to third party interactions, including, but not limited to, print or display discrepancies.
6.3 - To terminate this contract, the commissioner MUST destroy/delete all copies and postings of the artwork. Breaking these Terms will terminate the commissioners license to use commissioned art. Terminating the contract will not grant the right to a refund or chargeback.7.0 - Commission Agreement
Email Gray Silhouette at gray_silhouette1996(at)yahoo(dot)com (firstname.lastname@example.org), or message him at graysilhouette(dot)deviantart(dot)com (graysilhouette.deviantart.com) to discuss your commission and get a price quote. Do NOT send payment to this email address.
Your email MUST contain this Commission Details and Agreement of Gray Silhouette’s Terms of Service and Conditions of Commissions form (Please delete the things in parenthesis when sending):
Name: (Payment info name)
Preferred name: (Optional)
Contact: (required: email. optional: twitter)
PayPal Email: (Required)
Type of commission: (model, banner, avatar, etc. If this is a model, please specify whether you want tris or polys)
Deadline: (Short or strict deadlines may be declined depending on waitlist.)
May I stream/record it?:
May I post it on my art blog/website:
Commission Details and References: (This is required. Any and all references. As SFW as possible please, unless asking for NSFW art. Pictures and/or detailed written description of character appearance with basic personality. Describe the scene/mood if you have a specific request. BE AS SPECIFIC AS POSSIBLE.)