TERMS OF SERVICE

Last updated - August 9th, 2022

 

PAYMENT, DISCOUNTS & REFUNDS

 

1. Payment & Fees

 

Payment will be STRICTLY requested through PayPal invoice in EUR (€).

  • Any order priced at 300€ or less has to be paid in full upfront.

  • If an order is priced above 300€, it can be paid in full upfront OR 50% upfront and 50% upon approval of sketches.

  • Due to recurring late payments, I no longer accept payment plans with more than two increments.

• A 10% fee will be applied to every order to cover software subscriptions, PayPal and administrative fees. 

2. Delivery options

a) REGULAR WAIT TIME

Regular wait time is free of charge. Your order will be completed when your slot is the queue is reached. Regular queue may be delayed by other deadline/rush orders. Any delay will be notified to the client.

b) NON-DISCLOSURE AGREEMENT / PRIVATE COMMISSIONS

A non-disclosure agreement will incur a +50% fee per item. Progress of the commission and final product will only be shared to the client and any other party directly involved with the commission (with prior approval from the client). A safe date must be provided for Aerlya Graphics to know when the commission can be posted publicly.

c) RUSH OPTION

IF AVAILABLE, Rush option will incur a +100% fee per item. Rushed orders must be paid in full upfront. The order will be placed at the top of the queue AFTER commissions that are already in progress. Turnaround time will typically be around 2-5 days. 

 

Rushed orders must be placed at least 48 hours before the requested deadline. They will be declined without notice otherwise. If the deadline cannot be met, the order will be declined and the client will be notified.

d) DEADLINE OPTION

IF AVAILABLE, Deadline option will incur a starting fee of 50% (ranging up to 80%) per item. Deadline orders must be paid in full upfront. The fee will be calculated based on Aerlya Graphics' current workload, the deadline provided, and the size and complexity of the project. 

After the project has been started, if the deadline cannot be met, the fee will be refunded with an additional 10% compensation of the total price the client paid for. The order will still be completed ASAP.

Deadline orders must be placed at least 14 days before the requested deadline. A late request will be considered a Rush option and will be charged accordingly. If the deadline cannot be met, the order will be declined and the client will be notified.

3. Discounts

You may accumulate several discounts on one order (returning client, team member...). Discounts can't go above 30%.

  • Ko-fi members get 5 to 10% off every order, based on the tier they're pledged to.

  • Referred clients get -20€ off their first order if under 300€, and -50€ off their first order if above 300€.

  • VIP Clients get an extra 10% off every order, access to priority queue (shorter wait time and guaranteed slot on tentative queue) and no administrative fees. VIP clients are long-time and regular returning clients or friends. They are picked manually at Aerlya Graphics' discretion. A client cannot request to become VIP.

4. Refunds

  • If work has been started and you wish to cancel it for any reason, no refund will be issued.

  • If work hasn't started and you wish to cancel it for any reason, you will receive a refund excluding fees and tips.

  • If your commission has been started and is cancelled by me, you will receive a refund excluding fees.

Repeatedly cancelling commissions will get you blacklisted.

REFERRAL PROGRAM​

Every new client that has been referred by a previous client will get 20€ off their first order if under 300€, and 50€ off their first order if above 300€. Every 5 referrals, the referee gets a 150€ coupon to spend on any service from my website. This can occur multiple times. 

 

In order for your referral to count, your name must be in the referral field. 

QUEUE STATUS

Aerlya Graphics' queue and waitlist are publicly available for anyone to see at all time. It is updated daily and can be found here.

  • If commissions are OPEN, anyone is free to order and forms will always be reviewed and replied to. The only projects that will be declined are those Aerlya Graphics feels uncomfortable with.

  • If commissions are on TENTATIVE, anyone is free to order however projects will be selected at Aerlya Graphics' discretion.

  • If commissions are CLOSED, the commission form will be closed. For updates, you can subscribe to the newsletter.

GENERAL TERMS

Effective June 15th, 2022, all orders MUST be submitted through the commission form. No exceptions.

1. All orders are delivered by default with a Personal License. Please refer to the Licenses section below for more information. Commissions may not be edited/re-used by yourself or another artist without written permission from Aerlya Graphics. Please reach out first if you would like to purchase an Extended License for any of your designs.

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2. Once fully paid for, custom designs (made to order) will not be resold or redistributed unless agreed upon by the client and Aerlya Graphics. Designs may however be re-used for personal use.

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3. Aerlya Graphics reserves the right to post any commission on social media platforms, Behance and stream the process on Twitch or Discord. The client involved will always be credited, and is always free to join and watch the process live. Commissions will usually be posted shortly after files are delivered unless otherwise agreed upon. Privacy agreement must be made prior to the commission being started.

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4. Aerlya Graphics reserves the right to refuse your order and to cancel any order being worked on if there is strong animosity between the artist and the client. Mutual respect is expected. If the order is cancelled by Aerlya Graphics after work has been started, a refund will be issued and no file will be delivered. 

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5. Aerlya Graphics disclaims any responsibility for copyright issues. If the client is providing material for the artist to use, it is their responsibility to make sure they have permissions to use said material. 

6. Once a commission is queued up and the client's contact info has been submitted, the client is expected to inform Aerlya Graphics of any rebranding (renaming, changing your contact info...). If the client fails to inform Aerlya Graphics and the contact info has changed by the time the commission starts, it will be pulled down to the bottom of the queue. Once the slots is reached the second time, if the client hasn't given any notice of the updated contact info, the order will be cancelled and no refund will be issued.

7. The client can request to edit the details of their commission twice up to 15 days before it's started. The difference will be charged or refunded. Minor additions will be charged the cost of the item, and a fee of 5€ per item added. Major additions or a late request will result in your commission being pulled down to the bottom of the queue.

8. Prices are final and non-negotiable. Please refrain from asking for a discount or trying to negotiate prices when provided a quote.

9. Using any commissioned products in any blockchain-related technology, such as NFTs or cryptocurrency is strictly prohibited.

CONFIDENTIALITY

Private information will be on the invoice from both the customer and Aerlya Graphics. Neither Party shall use, disclose or make available to any third party the other Party’s Confidential Information, unless such use or disclosure is done in accordance with Aerlya Graphics' Terms of Use.
 

Each Party must hold the other Party’s Confidential Information secure and in confidence, except to the extent that such Confidential Information:
a. is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency; or
b. was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorisation.

 

This clause will survive termination of the commission and any agreement/license.

LICENSES (Personal, Commercial, Extended...)

Personal License

 

Any order is delivered by default with a Personal License. A Personal License grants the right to use the design for Personal purposes.

A Personal License ALLOWS you to: 

  • Use the design (Emotes, Badges, Scenes, Overlays) on your Twitch or YouTube channel even if monetized,

  • Use the design (Character illustration, Logo, Headers) on your Social media platform such as Twitter, Instagram...,

A Personal License DOES NOT ALLOW you to: 

  • Use the design for any Commercial Purposes outside of the ones listed above. Personal use does not allow such things as: prints, merch, ad placement, promotional use,

  • Edit/alter the work or send it to another artist to edit/alter without written permission,

  • Redistribute the design for someone else to use, even personally.​

Please inquire if you'd like more information regarding the limitations of the license.

Note: Credit is appreciated but never required.

Commercial License

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If your commission involves any Commercial Purposes (prints, merch, ad placement, promotional use...), you will have to purchase a Commercial License for the item in question. If you purchase a Commercial License and want to put any of the commissioned artwork/illustration in a shop, you must still credit me as designer. 

When purchasing a Commercial License, you will receive an official License Agreement which will have to be read in full and electronically signed through Smallpdf. Your full name and real signature wil be required. Your information will be kept private.

 

A Commercial License doesn't allow you to edit or alter the designs. Please refer to the Extended License for that.

Licenses are not eligible to discounts!

A commercial license will add a +100% fee to the design.

Extended License 

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The Extended License give you full power over the design. This includes all the perks from the Commercial License described above, as well as allowing to edit/alter the work, and redistribute it. If you purchase an Extended License and want to put any of the commissioned artwork/illustration in a shop, you must still credit me as designer. 

 

When purchasing an Extended, you will receive an official License Agreement which will have to be read in full and electronically signed through Smallpdf. Your full name and real signature wil be required. Your information will be kept private.

Any attempt of altering the designs without an Extended License will be reported and the work will have to be taken down.

Licenses are not eligible to discounts!

An extended license will add a +300% fee to the design. ​

 

COMMISSION PROCESS​

1. Commission Request Process & Payment

Send me your commission request by filling out a commission form. Requests with minimal effort in explaining their project will be declined.

If you include a screenshot of this sentence as reference in your form, you get 10€ off your order. This only works once ! ;)

DISCLAIMER: Private information is requested in the form. This information will under no circumstances be shared with anyone and is only required for legal purposes. The customer's private information, as well as Aerlya Graphics' business information must legally be displayed on the invoice.

I will review your request to make sure I'm able to bring your vision to life. If enough details are provided in the form, I will get in touch with you to approve your request and let you know your order has been queued up. If some of the details are missing, I'll contact you so we can edit what's missing together.

 

Based on the information provided, I will generate a quote and an estimated delivery time.

  • If you're happy with the price and turnaround time, you will be added to my commission queue upon receipt of payment. I will message you again at least 24 hours before I start working on your order. If you don't reply within 24 hours, I'll move onto the next client and your order will be put on hold. After 2 weeks without notice, you will be pulled to the bottom of the queue. 

  • If you're not happy with the turnaround time and/or pricing of your order, you are still free to cancel the order at this stage and you won't be charged. You are welcome to commission again in the future even if that happens.

 

Once your form has been reviewed, you will receive a PDF document that includes the details of your commissions, the estimated delivery date and a quote. If approved, you will receive a PayPal invoice. Details on payment process can be found in the first section of the Terms of Service. Delaying payment for longer than 5 business days without notice will result in being removed from the queue. If happening too frequently (typically over 3 times), you will be blacklisted.

After payment is submitted, your order will be confirmed and queued up. You can request to edit the details of your commission up to 15 days before it's started. You will be charged (or refunded) the difference. Any minor addition will be charged the cost of the item, and a fee of 5€. Major additions or a late request will result in your commission being pulled down to the bottom of the queue.


2. Design Process


You will receive low-resolution watermarked sketches shortly after you receive a notification for your commission being started. You can ask for up to 5 revisions for free, per design. Each additional revision will come for an extra 3% fee of the item.

After sketches are approved and payment is received, I'll be working on a base version of the design. You will receive low-resolution watermarked previews of the progress of your commission. At this stage, revisions can only be requested for minor details (color fix, minor edits, etc...). Additional revisions or major edits will come for extra charge (20% fee of the design per edit).

 

After the base version has been approved, I will move onto finalizing the design. Minor edits (color adjustment, animation speed, etc...) are allowed however major edits (major or destructive edits that require redesigning the piece entirely) will be charged the initial cost.

Once your commission has been started, you will be receiving several previews throughout the entire process. I need feedback and/or approval after each WIP (Work in progress) sent. If you don't reply within 48 hours, I'll move onto the next client to wait for your feedback. After one week without notice, your order will be put on hold and resumed when you're back, after other orders started are completed. After a month without notice, your order will be fully cancelled and no refund will be issued.

Helpful tip : Make sure to send your feedback all at once. Sending feedback bits by bits will consume your limited revisions quicker, and will result in extra charge.

3. Delivery

Once your commission has been completed and has been fully approved, you will be receiving a final showcase/video of your entire order to ensure you're satisfied with the final product. If approved, you will receive a separate invoice for any additional fees that were applied during the commission. If no additional fee were applied, you will receive the unwatermarked files at their full resolution.​

4. Post-Delivery edits

Once the items you ordered have been delivered, edits will no longer be free of charge, save in exceptional circumstances. Any edit must be requested within 5 business days after delivery. Rates will be priced as follows:

5€ • Minor edit (recolor, text edit...)
10€ • Illustration edit (scene, emote, badge...)
15€ • Animation edit

If edits are requested past 5 business days after delivery, pricing will vary between 50% to 100% of the initial cost again.

~ Pssst! If you're happy with my work, you can show your appreciation with a tip!

They're never expected, but always put a smile on my face :D <3 Thanks for the extra luv! 

Thank you for reading!