TERMS OF SERVICE
Last ToS Update:
- October 22nd, 2022
- Revision section: Changed the revisions in regard of the new coloring style and workflow
- Refund section: Changed the refund percentage regarding the new coloring style and workflow
By ordering a commission, you accept these Terms of Service between me (Nurilicious, the artist) and you (the customer/commissioner):
- The amount shown does not include VAT pursuant to § 19 UStG. // Im ausgewiesenen Betrag ist gemäß § 19 UStG keine Umsatzsteuer enthalten“.
- The services of these digital commissions does not include shipping of a physical product of any kind.
- Please always write in a clear and nice manner.
- Any ill behavior (like unaccepted social acts: racism, fascism, etc., not ceasing certain behaviors upon artist’s request – eg. being overly flirty, condescending manner of speech/writing, etc) will not be tolerated and your commission will be cancelled if it occurs (non-refundable).
- I will not draw problematic and illegal themes, such as pedophilia, rape, sexism, racism, violent and gory images, trypophobia
- The commissioner can’t change the references and descriptions of the commission drastically after they made the payment.
- I normally work on commissions from monday – friday (exception: holidays), so please contact me only on business days regarding questions, as I may otherwise not be able to answer questions within 48h. If it is a pressing matter, state that clearly in your email/message, as it will help me to see it faster and be able to response to those messages first.
- I will not try to carry out something that is far too removed from my aesthetics or preferences as well as I am not going to imitate or recreate other artistst art styles.
- Use of my artworks for any advertising or profits associated with AI generated images, non fungible tokens (NFTs) and cryptocurrency (Bitcoin etc.) is strictly prohibited!
- Without any additional payment we can agree upon to not post the art before a certain date (f.e. Vtuber debut/model reveal/birthday of the person you wanna gift the art etc.). Please let me know in the commission form under “Additional Information”.
- A rush fee can be put on orders depending on how quickly you need the art done and my current workload. They are negotiable within an additional 30-50% fee. But please don’t ask for extremely rushed deadlines (shorter than 5 days). Commissioning me implies the agreement to my own timings.
- Complicated Designs will increase the price depending on complexity: 20-100%
- Payment is accepted in Euro (€) through PayPal or Stripe. All payments are due upfront and in full.
- A payment plan is possible for orders above 150€ for returning customers and can be discussed prior in the commission request.
- I reserve the right to increase my prices for all of my commissions at any time, due to my improving skill level, increased demand, etc.
- Nurilicious will not, under any circumstances accept payment via bitcoin or ethereum, or any other crypto currency.
- Invoices must be paid within 48 hours after receiving it, unless agreed otherwise prior to sending the invoice.
- Invoices will be sent 2-5 days before the commission work begins.
- I will begin processing your order only once payment has cleared. The finished file will only be delivered, once payment has been paid in full.
- The wait time before I start your commission can vary depending on different factors such as: health, order of commissions, rush commissions, complexity, work etc. If any of the above situations occur, you will be notified ASAP through e-mail or direct message on twitter, if your commission was set for a specific deadline. For all “normal” commissions, please check for a social media post on my twitter with the caption [IMPORTANT FOR COMMISSIONERS] or similar. If you have any questions in those times, you are free to contact me through Mondays to Fridays!
- After filling out the commission form, I will contact you. If I am willing and capable of working on your commission request, you will receive an estimate of cost and estimated turnaround time 2-5 working days after sending your information for your project and you will be free to decide whether or not you’d like to commission me after receiving it.
- Once, the request has been accepted, it will be placed in my to do list and you’ll receive an invoice usually 2-3 days before I start working on your project that has to be paid in total, before any work on your commission will start.
- The easiest way to estimate waiting time is to visit my to do list – under normal circumstances (if I am not fallen ill or else), I finish commissions in around 7 to 20 business days, depending on complexity and amount of commissions at that time.
- I stay in contact with all my commissioners during a commission and will notify you once I’m able to start your commission.
- Please make sure to check said to do list and make yourself familiar with the waiting times, before placing your order.
Included in every base price is:
- 1 revisions in the sketch phase (f.e. change expression, change hand gesture etc. if you’re not happy with it ~ also if you’re unhappy with the whole pose, I can still change it here!)
- 1 revision in the colour composition phase (f.e. changing the skin/hair/eye color)
- 1 revision in the flats phase
- Each additional revision will be charged with an extra fee.
- After those phases and when the painting process is in the making/done there are no more revisions!
- I will not correct finished commissions!
Disclaimer: “Surprise Art” commissions don’t include revisions at all.
- The commissioner still owns the copyright to the characters and will be mentioned as the owner of the character.
- Emote commissions are created solely for the client and may be used on their own platforms (etc. Twitch, Youtube, Discord, etc).
- The commissioner may commission a third party to animate emote commissions, as long as credit for the original artwork is given (the artist can refer to a very good artist for those works if needed).
- If the commissioner requests characters of IPs not belonging to them (e.g. fanart of existing characters), they are solely responsible for the use of commissioned work. The artist holds no responsibility for DMCA claims due to the use of copyrighted characters.
- I have the right to post the artwork, use it in my portfolio, promote myself, stream the work in progress (if not otherwise explicitly denied), record it’s process as a timelapse video and share it, display and/or publish the piece on any website, publish it in artbooks (with proper credit), etc.
- I reserve the right to use commissions as material for Ko-Fi rewards, showcases, business cards, price lists examples, etc.
- I reserve the right to know the details for what purpose you will use my finished artwork for.
- All commissions are made for PERSONAL USE only, but you may use my artwork for commercial purposes as long as you agree to pay the commercial rights as listed underneath! Further redistribution tied to any financial gain is strictly prohibited UNLESS commercial rights have been purchased.
- If we agreed on a Secret Variant of your piece (free of charge), you are not allowed to share it to the public. It’s exclusively for Nurilicious’ Ko-Fi Rewards, and for the commissioner to see.
- The commissioner and artist may not share each other’s personal/contact details with third parties, ever.
Tier 1 – Personal Use
- consists of 1x the commission price:
- not for commercial use, you don’t advertise/promote or gain any money in no form whatsoever with the artwork
- You are obliged to credit me (the artist) in a visible place with: “Art by @nurilicious_” and “https://nuriyaart.de”. It can be small but must be clear and readable whenever you (re-)post said artwork to twitter etc. and only upload the low-res watermark version of your commission.
- The high-res file must be kept private between the buyer and the artist. This does NOT concern the usage as follows for personal use:
- You are allowed to: use the high-res file as icon, banner, wallpaper, print it to put it on YOUR wall, for dnd campaigns (as long as it is a private one and is not being streamed), to print as Christmas gifts for friends/family, to create stickers for yourself/friends without selling them etc.
Tier 2 – Creator Use
- consists of 1.5x the commission price:
- If you want to use the artwork on streaming/monetization platforms, without gaining money with the artwork itself, but it is used as part of your brand (f.e. Vtuber).
- You are obliged to credit me (the artist) with: “Art by @nurilicious_” and “https://nuriyaart.de”, in the description of the video/stream panel/post and are allowed to use the high-res artwork file for said purpose
- You are allowed to: use it in your videos, streams as overlay/screens/thumbnails, or other promotional materials (such as stream schedule advertisement or similar like debut announcement etc.), Vtuber/PNGtuber Asset, turning it into limited merchandise for promotional use (f.e. gifting stickers to your subscribers)
Tier 3 – Commercial Use
- consists of 4x the commission price:
- If you want to use the artwork for profit and/or as main selling point
- You are not obliged to credit me (the artist), but it would be appreciated, and are allowed to use the high-res artwork file for said purpose
- You are allowed to: use it for CD/Book Cover, monetized music video thumbnails/art and sell it as Merchandise (Sticker, Keychains, prints etc.) Royalties are also an option and can be discussed.
- Prices for commercial use of any type are custom set depending on project, nature of commissioner planned use or the art and are negotiable.
- The following is considered an infringement of the copyright:
- Reproducing the artworks without buying the commercial rights
- Removing my watermarks and signature
- Altering the artwork without my (the artists) consent
- Refusal to credit me (the artist)
- Taking credit for the creation of the artwork
- Once I am finished with your commission, you’ll receive two files (1 low-res JPEG with watermark, 1 high-res PNG without watermark) via discord/drive/wetransfer etc.
- If you can, provide me with a Twitter or other social media handle so I can tag you when I upload the finished art! You can send me all, or none, if you don’t wish to be tagged at all.
REFUNDS & CANCELLING
- I reserve the right to decline a commission for any reason and will refund your commission 100% if the payment already went through.
- You are allowed to cancel or change your commission request if I haven’t started it yet (meaning if I did not start with the sketch yet).
- You are allowed to request a refund at any time, however the % of the refund depends on the progress I’ve already made on your commission:
- Sketch: 75% refund
- Color Composition: 50% refund
- Flats: 25% refund
- Painting Process: no refund possible
- After receiving a refund you will NOT receive the file of the piece I have been working on so far.
- Refunds for “Surprise Art” commissions are not possible at any time.
- Please, note that the refund does not cover any extra fees Paypal or your bank may charge. (If you paid 50€ for a commission, in case of 50% refund, 25€ is going to be sent back to your account.)
- If you file an unjust chargeback against me, your right to everything I have ever made for you (any obtained licenses to use of my artwork) will be retracted and I have the right to sell the copyrighted artwork (as YCH) to new buyers. You will be forbidden to commission me, Nurilicious, ever again and your username will be publicly posted for others to watch out for. I also have every right to file a complaint and I have the right to the money you have given me.
- Any statement can be bound to change if discussed with me, the artist, prior to the commission.