Full Freelance Terms of Service

About these terms

Below are what I consider the “terms of service” when you hire me to create art, graphics, or design for you. Don’t be scared! These terms are to ensure that you get exactly what you want, that my time is fully paid for, and that neither of us is exploited in any way.

I strongly encourage you to read the details below before commissioning me, especially if…

• you plan on using my work for a T-shirt design, CD cover, magazine, or other repeat-publication.
• you cannot pay with PayPal.
• you are ordering a large piece priced at $20 or more and will want to see previews before it’s finalized.
• you need your money returned or I am late in getting your commission done.

THESE TERMS SUBJECT TO CHANGE AT ANY TIME AND WITHOUT NOTICE. If I change these terms while I have a commission “active”, I will alert the client ahead of time. The terms that are “active” when you commission me are considered the “active” terms for your commission.

If you contact me through any medium (e-mail, phone, web site, social network) for a commission, I will link you to this page. If this site is down or you cannot access it, I will e-mail you these terms in a .doc or .pdf format.

Upon hiring and paying me to create a graphic, illustration, design or other work of art, you fully agree to these terms and conditions.

Payment

For most, Paypal is the most convenient option, though I realize this isn’t possible for everybody, so I will accept “snail mail” payments with check, cash or money order as well. For this type of transfer, we will need to exchange mailing addresses over secure e-mail, and I will ask that the e-mail be deleted after the transaction is complete. Please note that if you are under the age of 16, I will ask either for your number or to have you call me to make sure that exchanging your home address is alright with your parent(s) or guardian(s).

Payment is to be made in full before the project is started or any previews are given unless discussed otherwise beforehand. For higher-priced commissions, a “half now, half later” policy is appropriate.

Asking for previews or progress reports

No previews or sketch approvals will be provided for commissions $19 or under. If you buy a commission that is $19 or under, please be very specific about what you want, otherwise trust in my skill and style to create what you want (a little bit of freedom on my end is, in fact, part of my “style” in commissions).

If you do find a small error with your commission (e.g. wrong eye color), send me a private message and I will fix it.

To avoid wasting time or being overworked, the following conditions apply for commissions $20 and over:

• $20 – $30: One sketch will be shown once before the commission is completed in full. Edits may be suggested and taken into account but no other previews will be shown.
• $31 – $40: A sketch will be shown before the commission is completed. Edits may be suggested, and the sketch will be shown a second time (with edits taken into account) before the commission is completed in full. No other previews will be shown.
• $41 or higher: A sketch will be shown and edits may be suggested and taken into account up to three times before an hourly rate for edits will be billed. The hourly rate is currently $10 (e.g. a half an hour of extra work will cost $5, two hours of extra work will cost $20, etc.). A timer will keep track of time spent on each edit. Hourly rate for edits must be paid before the commission is fully completed. Failure to do so will result in an incomplete commission, however any sketches/work you have paid for beforehand will be given to you at full resolution with no watermarks. Shipping charges (see below) apply to pieces mailed to you.

Completion Time

Completion time will be discussed and agreed upon once the commission is requested and fully paid for. I aim to get commissions done within one month, but obviously more complex pieces will take longer. If you have a strict deadline you need the work by (e.g. for a convention or a birthday) let me know immediately so I can be honest if I can get the work done in time or not.

File types

If I scan your commission or it is a digital piece, you will receive the original, high-resolution, watermark-free image. You will also receive the original .psd file with all the layers/styling used if requested.

Shipping and Handling

If you would like the original piece (i.e. the original ink, sketch, pendoodle, etc.) shipped to you, I will generally do this for free for commissions $30 or more, and charge a $2 – $5 “tip” or “donation” for commissions which cost less. I generally do not change this policy for non-US shipping, but it may depend on where you live.

Displaying my work

Unless requested otherwise, I have the right to display your commission in any of my personal galleries with a watermark over it. You will receive a watermark-free version.

Any art or graphics you purchase from me you are free to display wherever and however you wish, provided it is not in a way that insults or degrades me or my site. You must also cite credit to me for the work created, either in plain view where the work is posted or in a discreet way, such as in the source code of your site.

Using my work

You are required to tell me beforehand if you plan on using the commissioned piece in a publication, such as the cover of a book or CD case, a T-shirt design, etc. and the scope of your publication (i.e. will you be printing 20 shirts with my design for your family and friends, or will you be printing thousands to sell at a convention?). The reason for this is I am entitled to a certain portion of the profits if you intend to use my design for a publication on a large scale. Please let me know the full details of what you intend to publish using my design and we can work something out.

Buying more than one commission

You are of course free to ask me for multiple commissions or ask for another commission after receiving one from me. In fact, in some cases, I will offer discounts for frequent customers. Just understand that commissions will be placed in a queue to ensure they are done by the promised deadline, and that there may be a wait before you will be able to commission me again or expect a commission to be completed.

Returns

The following conditions merit a full refund of your money for a commission:

• The project was not completed in the time agreed, and no other arrangement or compensation was discussed, agreed upon and made.
• It is clear by yourself and the community the the final work is not up to standards with my other work (NOT the work of other artists), and is not of the value the client has paid for (in comparison to my other work and what other clients have paid for such work). NOTE: This is a rather loose stipulation, and is best determined by how the community (e.g. DeviantArt.com) reacts to the piece once displayed.
• I have cancelled the commission for whatever reason.

If I am late on a commission, I will discuss the matter with you. You will be eligible for a “patience gift” of up to half the value of the commission you have paid for (e.g. If you buy a $20 ink + color and I am late getting it done, I will also give you a sketch or ink valued at ~$10 if you agree to receiving your commission late + a “patience gift”).

If you encounter a personal emergency and need the money back, please discuss the matter with me. Returns for such circumstances are largely determined by the nature of your emergency and how much work I have completed at that time. If the work is 100% complete by the time you request your money back, AND the work is completed on time, I cannot issue any refund.

Refunds will be issued in the same manner that payments were received. If you originally payed me via check, money order or “snail mail” cash, shipping charges may apply.

Using these terms for your own freelance business

The terms and conditions here were written by me, Dana Larson; However, being that they are “legal” terms, I have chosen not to hold any intellectual claim on them.

In other words, if you find the wording here appropriate for your own freelance business and would like to add them to your own site, you are free to do so (Important: This permission does NOT include any of the other copy on Danale.com or anywhere else my original writing is present).

Please adjust these terms to your own needs (Important: The terms above present on http://danale.com/freelance-information (or e-mailed by myself in .doc or .pdf format) are MY terms and, as stated, apply to my freelance work. If you do see these same terms posted elsewhere, note that they apply to the person using them, and not myself).

If you use an edited version of my terms for yourself, a link back to this page as a reference is greatly appreciated.

Other…

Any other questions or concerns, just ask!