Terms of Service

As the artist, I, Ashnee HS/Ashnee Heartsniper, have the right to refuse a commission at any time, for any reason.

Index:

0. Commission overview 1. Commission info 2. Complex character design 3. Metadata 4. Payment 5. Edits and extras 6. Turnaround time and refunds 7. About fonts 8. About NFTs/Non Fungible Tokens and A.I. art 9. Privacy and use of the commissioned product by the customer 10. Use of the commissioned product by the artist 11. Use of the commissioned product by anyone

0. Commission overview

This is a short recap of the commission process.

1. You check the prices, read these terms, the list of things I draw and don't in their entirety. 2. You choose which type of commission you want. 3. You contact me on your preferred platform between those indicated in my About page 4. I'll review your request, perhaps ask for more details, and finally tell you whether your commission request has been accepted and a price estimate. 5. If you agree to the price, you will be put in the wait list. 6. Once your turn has arrived, I will send you an invoice through PayPal for the amount agreed upon to the e-mail address you will provide. 7. For an illustration commission, I will send you some previews at various stages – for a sketch commission I'll send the thumbnail preview. 8. Please point out corrections, extras or anything as soon as possible! If the pose is wrong or you'd like to add some extras, please tell me immediately. It's easier, faster and cheaper to do so in sketching phase rather than at any other stage. 9. You can ask for changes free of charge for mistakes on my part, but major edits or extras different from agreed upon before payment will result in extra charge.

1. Commission info

As a customer, please have the commission idea ready before contacting me for a commission. You can contact me on your favorite platform, as long as it's written in single message. Have all the commission info written in an easy and understandable format.

Please make sure the reference material and/or descriptions given for your characters are accurate, updated and complete. High quality material is highly appreciated but not overly necessary as long as the image is easily readable.
Please mention any changes or inaccuracies (ex: “The reference is ok but the hair should be changed as in pic reference” or “This item has the wrong colour, it should be this one reference/hex code”).
Please be direct and clear with me! I’m not good at picking hints and English is not my first language. If you’d like some change to be made to your commission be up front and state it clearly or I won’t know. This will help the commission get done quicker with few or no extra charges.
Extra charges may be applied for edits due to given material being inaccurate or dated, as stated in the “Edits” section.
All commissions featuring clothing and/or accessories of any kind require references.
Stickers commissions require a description of your idea and the emoticon they correspond to, alternatively you can send a sticker pack you like as a reference.
When using other artists’ stickers pack as reference, a message may be sent to said artist prior accepting your commission if deemed necessary. It will notify them about the request (in the most private way possible) and ask for permission to use their material as reference. This is done to avoid misunderstandings and any kind of legal repercussions.
Scene commissions require an accurate description of your idea for it will make it easier to get something closer to your vision. You can use The Sims or Floor Planner to easily create environments with different camera angles and attach the reference pictures.
If you'd like to receive a particular size or resolution to have a wallpaper, a print, etc for yourself, please say so! I'll be glad to oblige.

I remind you once again to please write and attach all the necessary info and reference material in a single message / e-mail so I don’t have to search around for it.

2. Complex character design

If your commission features a character with a complex design (such as tattoos without a high definition png reference, armors, elaborate markings, etc) may be subjected to extra fees. Some of these complexity fees are listed in the commission prices tab. For an overall idea of what could increase the commission cost, please check the Will & won’t draw page.

3. Metadata

What is metadata and why is it important? Metadata is an assortment of information regarding an image that usually stores the author, date, tags, etc; it is mostly used to properly organize and store images in servers. In my case, the metadata I write contains a brief description of the piece, tags, my contact information, right details and most importantly nicknames and contacts of customers. The following picture is an example of metadata from a past commission, sensitive information have been changed for privacy, but you get the gist of it.

4. Payment

I currently only accept Paypal, but I’m working on opening commissions via Ko-Fi and accepting Stripe as well.

Both the total cost of the commission and payment will be determined after receiving the message/e-mail regarding the commission idea. After reviewing the commission idea, you will be notified whether your commission has been accepted and a price estimate. If you have a budget or were expecting a different price, let me know, we can discuss it and come to an agreement. Upon accepting the commission cost you will be added to the commission queue. You will not be charged when entering the commission queue. You will receive an invoice through Paypal to settle the payment before starting your commission. Once the payment has been settled, I’ll begin working on what was agreed upon. Do not attempt to send me a payment until I send an invoice to pay!

Commissions exceeding 150€ will be paid in two or more installments that will be discussed in private with the customer. In such cases, the commission will start after receiving the first installment and will be delivered only after receiving the last installment.

All commission prices are comprehensive of both Paypal fees (currency exchange as well) and 22% VAT added, in accordance to Italian law and Paypal terms of service. This means you will only pay the price we’ve agreed up to and nothing else, unless edits and/or extras are asked as specified in the next paragraph.

5. Edits and extras

As soon as the sketch of your commission is ready I will send it as a preview to check out with you. This is the time to point out any possible revisions or additions you may want. Any mistake caused by inaccurate or outdated reference material not pointed out before the start of the commission, will be considered an edit.

Major changes after the lineart stage has begun will incur in extra charge. You are entitled to one free major (or two small) edits in the sketching phase and two free small edits during lineart or coloring phase, an extra fee will incur for any edit onward. Any extra requested in sketching phase (such as backgrounds, additional character, etc) will have the same price as the one listed in the original price tab. Extras requested in later stages will have a higher price and will increase the turnaround time.

An invoice of the total cost of the extras and/or edits will be sent as soon as the commission is done. Once the payment has occurred, you will receive your commission. Do not attempt to send me a payment until I send an invoice to pay!

6. Turnaround time and refunds

I will start your commission only after receiving the full payment. I do not work on weekends and national holidays.

It is in my best interest to deliver your commission as fast as possible, but unfortunately I’m really slow as an artist and I’m not good at estimating time. A flat with two characters will surely take more time than an YCH Icon but less than a complex and detailed scene. My guarantee to any purchase is to have it delivered within 60 working days¹ from the day of the payment². If I, the artist, don’t fulfil the order in that time you, the customer, are entitled to a full refund³. Of course life gets in the middle some times and I’m nothing more than a human, but I’ll always try my best and strive to get better and faster. Nonetheless, I commit to inform all of my customers if something major happens that might slow or completely block the commission process.

Know that I will not refund commissions if you cancel them or wish to change it into something less expensive after the payment has been sent.

I don’t accept commissions with a certain due date. If you’re considering gifting someone a commission, please keep this in mind.

7. About fonts

Any commission containing any form of non-handwritten text will only use free open source and free-for-commercial-use fonts. You, the customer, are free to suggest, choose and/or provide fonts as long as you provide the whole font package and it's open source or free-for-commercial-use.

Fonts names and credits to their author will appear in the work metadata.

8. About NFTs/Non Fungible Tokens and AI

I, Ashnee HS/Ashnee Heartsniper, am completely against blockchains, crypto-currencies and condemn the unfair and illegal use of non-public material for machine learning. Use of any creation of mine, commissioned or otherwise, for any purpose regarding blockchains, crypto-currencies, Non-Fungible-Tokens (NFTs), and any kind of future technologies as such, is strictly prohibited. Use of any creation of mine, commissioned or otherwise, for any purpose regarding any kind artificial intelligence (AI), training of AI, creation and assist to creation of any AI product (art or else), as well as any kind of future technologies as such, is strictly prohibited.

I will not create any art for the purpose of creating and/or sponsoring NFTs, crypto-currencies, blockchains, AI training etc.

I hereby declare that any work of mine that appear in blockchains, NFTs, AI art and future technologies of such fashion is appearing without my knowledge and consent – therefore it’s there illegally.

9. Privacy and use of the commissioned product by the customer

I, as the artist, may display your commission at any stage in online and in real life spaces for various purposes including but not limited to informative and promotional material, footage for videos and online streaming. You, the customer, however have the right to not have your commission shown. If you wish for your commission to remain private for any period of time, make sure to state it in the message/e-mail with the rest of the commission info. Failing to notify me of this at any time before the commission is delivered will result in the publication of such material and I will deem whether deletion is viable or not.

Every work, creation and design is subject to a Creative Commons Attribution – Non commercial – No Derivatives 4.0 license unless otherwise stated. At the moment I, the artist, do not typically create material for commercial use⁴. Under CC BY-NC-ND 4.0, you, the customer, are allowed to use your commissioned product for any personal and non-commercial purpose. This includes product display (online and not) as well as modifying the size or dimension of the product for non-commercial purposes – feel free to ask for any particular format if you want to print it. Being every work of mine under copyright, you, the customer, are not allowed to make a profit out of it. This includes and is not limited to promotional material, sales of the product in any form, alteration of the work for the purpose of reselling, alteration and/or “recycling” of the work for profit (e.g. “adoptables”, “bases,” “templates”, etc). Customers profiting off my work without asking for and obtaining permission first, will be asked to immediately cease selling such items and publish a statement publicly announcing the discontinuation of the aforementioned items and the reasons behind it. Customers may also incur in paying a royalty if deemed necessary. If the customer does not comply with the terms of service, legal action will be taken.

The customer may not use their commissioned product for any hateful, defamatory, illegal or otherwise offensive purpose.

As stated in the previous paragraph, I condemn blockchains and artificial intelligence. This extends to any kind of platform that promotes or endorse these practices. You, the customer, are not allowed to share your commissioned product (or any of my works) in platforms such as DeviantArt and Reddit.

10. Use of the commissioned product by the artist

I, the artist, retain all rights to all commissioned products in whatever stage. This includes (and is not limited to) personal and commercial use, display (online and not) unless previously specified, promotional and informative purposes, etc. This extends to used and unused material such as designs, patterns, sketches, compositions, backgrounds, and so on and so forth. I, the artist, retain the right to reuse and modify at will such items in future works including personal, commercial and commissioned as well.

Original authors of any original character portrayed in my works will detain their original rights.

11. Use of the commissioned product by anyone

As stated in paragraph 9 “Privacy and use of the commissioned product by the customer”, all my works are under CC BY-NC-ND 4.0 and intended for personal only and non-commercial use by the customer.

Use of any commissioned product by anyone other than the customer is not explicitly permitted nor endorsed by me, the artist.

As stated in the paragraph 8 “About NFTs/Non Fungible Tokens and AI” any use of my works (commissioned or not) for blockchain, NFTs, machine learning, AI art and any related and future technologies of such fashion is strictly prohibited.

By commissioning me, you certify that:

you are at least 18 years old;
you will not claim my art as your own in any way;
you will not ask for me to copy other artists' style;
you will not use my works for, or in association with, Non-Fungible-Tokens or crypto-currencies or any blockchain related technology (actual and future);
you will not use my works for, or in association with, artificial intelligence (AI) training, image generation, other purposes;
you have permission to use the character(s) you wish to commission work of;
you will not use the work for any offensive, defamatory, inflammatory, hateful or illegal purpose;
you will not hold me responsible for whatever you choose to do with the finished commissioned work or any actions of yours involving the finished work in any way;
you have read entirely the Terms of Service and agree to them entirely.

Failing to comply with all the terms listed above will lead to refusing the commission or refunding.

¹ For extremely complex works I, the artist, reserve the right to deliver the work within 90 working days from the day of the payment. You, the customer, will be notified whether your commissions will be considered an extremely complex work or not before sending the invoice. Once the invoice is paid, the 90 working days term apply. ² The 60/90 working days time limit does not include the time waiting for your feedback at each stage of the commission nor the time spent on edits or extras requested at lineart or coloring phases. ³ Customers whose commission’s price exceeds 150€ and therefore are paying in instalments will only receive the refund for the already paid instalments until that point. Please note that if your commission is considered extremely complex the terms from the previous annotation will be applied. ⁴ Commercial use is the practice of using a product or service for financial gains. This includes selling merchandise (stickers, pillows, mugs, etc) of purchased designs such as adopt characters, accessories and so on. This includes charity use as well. If you’re planning to use my services for charity, please contact me regarding the matter before sending all the commission info.