Edahel

The Terms and Conditions presented here acts as a "Sales and purchase agreement" between the artist named Edahel and hereinafter referred to as "the Artist", and any moral or physical person or group of person willing to commission the artist for an artistic service (i.e., a "Commission") and hereinafter referred to as "the Customer(s)".

By scheduling an artistic service (i.e., "booking a commission slot"), both parties must agree to comply with all the points listed on this page throughout the whole commission process, including before the payment and after the completion of the work.

Failure to comply might result in (1) the commission being cancelled by the Artist without guarantee of refund for the Customer(s) if the cancellation happened after the payment, and (2) a temporary or permanent ban for the customer(s) from commissioning the Artist in the future.

The Commission can only be booked and paid for if both the Artist and the Customer(s) approve the following set of rules. It is the responsibility of the Customer(s) to read all these rules beforehand, and all rules will be considered as read and accepted as soon as the Commission is booked.

Unless the Artist specifically and explicitely agrees to it, the nature of the Commission will only be digital art. No other format can be expected.

The Artist has the right to refuse any Commission, whether because of its content, including the characters, own availability or because of the Customer(s)' behaviour. The Artist cannot be forced to justify her decision.

The Artist’s Original Characters (OCs), are available as possible characters for the Commission, as long as the point 1c is respected. Using the Artist's OCs will not lead to a discount.

Cancellation of the Commission due to a change in mind of the Customer(s) or its consequences is discussed and covered in Points 5e to 5i.

If the Customer(s) refuse to make the full payment under the conditions given in Part 5 or breach any of the other rules listed here, a permanent ban may be applied. Following trade agreements between the Artist and other artists, the behaviour of the Customer(s) can be communicated to the Artist's collaborators.

Commission slots are given on a ‘first arrived, first served’ basis. The first customer to have their idea approved and to accept the terms listed here might be served first.

Following point 1g, if the Customer(s) reply too slowly for the work-in-progress checkpoints, the Customer(s) might be served after another customer replying faster than them.

Booking a commission slot should only be made by the Customer(s) with the intention of paying and processing until the completion of the Artist's work. While cancellations are possible (see Part 5), repeatedly booking and cancelling can lead to a temporary or permanent ban.

Refusing to answer the messages from the Artist on purpose (aka "ghosting") will automatically lead to a permanent ban.

In the event of reaching an issue that is not clearly defined in the rules presented here (aka "loophole"), the final decision on how to address the issue shall be made by the Artist.

It is the responsibility of the Customer(s) to ensure that all the features of the Commission are provided explicity in written form to the Artist by providing as many details as possible (e.g. text description or image reference (partial or total) of the characters, objects or background, panel-by-panel plot, etc.)

Failure from the Customer(s) to provide all the necessary informations or material that may result in modifications of the Commission may result in additional fees, in proportion to the changes required.

The Customer(s) are encouraged to discuss with the Artist any missing or uncertain information to prevent additionnal fees.

The Artist will provide work-in-progress previews of the commission throughout the production to ensure that the Commission meets the demand of the Customer(s).

The Customer(s) are able to request minor changes during the production of the art in order to ensure that the Commission meets their demand, notably during the work-in-progress preview presentation. However, all changes to the Commission requested have to comply with the point 1c (i.e. need to be approved by the Artist)

Following point 2a, 2b, changes to the Commission requested in point 2e which are a result of a conflict with the previous instructions given by the Customer(s) might result in additional fees, up to the full price of the elements that are required to be edited.

During the work-in-progress review, all changes must be provided at once before the Artist gets clearance start working on the modifications and/or next step of the Commission. Additional changes requested after clearance is given by the Customer(s) will result in extra fees.

Excessive repetitive minor changes or significant major changes may be charged with extra fees to compensate for the excessive cost in time spent on the art.

Group commissions (i.e. a Commission taken by more than 2 Customer(s)) are accepted by the Artist under the strict condition that all the organization, including the communication of the idea and of the opinion of all the Customer(s), is the full responsibility of the Customer(s).

The Artist recommends that Customer(s) taking a group commission shall name one person of the group as their representant to ensure communication with the Artist, but also within the group, especially to ensure that all the Customer(s) from the group give clearance to the Artist to proceed.

If any member of the group of Customer(s) is providing an answer on behalf of another Customer, then this Customer is taking the full responsibility of the answer provided. The Artist cannot be blamed for an incorrect answer provided in such way.

Any disagreements between the Customer(s) of a group commissions are to be solved solely between the Customer(s) and not by the Artist. Any change following a disagreement within the group is the entire responsibility of the group and might be charged by the Artist if it leads to extra work.

The Artist can be directly reached using Instagram or DeviantArt. Both accounts are provided in the contact me section of this website.

The Artist can also be reached using any of the websites or social medias provided in the contact me section of this website, namely: DeviantArt, Instagram, Email, Artfol or Cara. The Artist aims at answering all query within 1 business day time.

The Artist can only ensure work during "office hours", Monday to Friday from 9AM to 5PM (CET/CEST), excluding days off and vacations. While the Artist can be contacted any time outside these hours, she cannot guarantee a fast answer.

All the accepted Commissions are processed in the order they have been received and accepted. A ticket will be provided by the Artist to the Customer(s) to allow them to track the progress on the Artist's Trello page.

The Customer(s) can request the Commission to be completed before a specific deadline by the Artist (aka "Express commission"). Depending on the actual deadline and the circumstances, an extra fee might be charged.

Deadlines for Express Commissions should be discussed before the Commission is accepted by both the Artist and the Customer(s).

During an Express Commission, it is the responsibility of the Customer(s) to always answer as fast as possible to all the work-in-progress reviews. Failure to meet the deadline because the Customer(s) failed to answer to the messages is the entire responsibility of the Customer(s), and the Artist cannot issue a refund under these circumstances.

Communication between the Artist and the Customer(s) is expected to follow the usual standard etiquette of civilised communication. Politeness has to be observed by both the Customer(s) and the Artist.

The Artist being a non-native English speaker, it is expected from the Customer(s) to behave in a way that will help the Artist to understand the whole discussion.

In case of excessive rudeness from the Customer(s), the Artist has the right to stop any work being done at the moment of the offense without a refund.

Any change or modification of the Commission in its content and/or schedule has to be immediately notified to the Artist. Refer to 5e to 5i for complete cancellation of the Commission.

Point 3j does not affect in any way the conditions under which the Customer(s) are supposed to pay for the Commission, as described in part 5.

Any concern or problem regarding the Commission has to be discussed with the Artist directly before anything. In the event where the Customer(s) use social medias to blackmail the Artist or spread rumors, the Customer(s) will be permanently banned.

The Artist shall not claim intellectual property on any character included in the Commission which is not listed as one of her own Original Characters (OCs).

The Customer(s) shall not claim intellectual property on any OC from the Artist, or on any character which is not part of the Customer(s)’ own OCs.

The Customer(s) shall not claim the art as their own production, nor dispossess the Artist from her work by claiming she was not the creator of it.

It is tolerated by the Artist that the Customer(s) modify the Commission for their own use. However, the Artist does not allow for any modified art to be published and/or shared publicly.

The exception to the authorized modifications allowed in point 4d is the modification of the art to be used as a base or your-character-here (YCH) model. Both applications are strictly forbidden by the Artist, even for non-commercial uses.

As a consequence of point 4c, and despite point 4d, it is strictly forbidden to modify and/or remove the signature of the Artist or any element that can connect the art to her.

Regardless of the modifications allowed through points 4d to 4f planned by the Customer(s), it is strictly forbidden to commission another artist to do the modification of the Commission. Only modifications made directly by the Customer(s) themselves are tolerated.

The Artist can be commissioned again to modify ("upgrade") a past Commission. The price of the upgrade will take into account the new work that needs to be made, as well as the past work already made on the Commission.

Unless specified otherwise, commissioned works do not grant any additional intellectual property rights, not established or present prior to the commission, to either the Artist or the Customer(s).

Any commercial use of the Commission made by the Artist shall strictly be discussed before any of the work is started. Strict limitations of usage and possible additional fees are to be discussed between the Artist and the Customer(s).

In addition to points 4d to 4j, any use of the commission shall be strictly made in accordance with all the local and international rules and laws.

The full payment has to be made in one time before the Artist starts to work on the Commission.

Partial payment are possible on two occasions: (1) the Commission is made of several pages/pieces, or (2) the Commission is colored with or without shading. In each case, the Artist will be only working on the parts of the Commission that have been already paid for by the Customer(s), and the rest will be processed following further payment.

The drawing will not be started until payment has been provided and received by the Artist.

For the payment of group Commissions, the Artist recommends to the group to select one member of the group of Customer(s) who will receive the money from the other members and pay the Artist in one time. If the group prefers that each member pays separately, an extra fee can be requested to compensate for the increasing PayPal fees in such type of multiple transactions.

Full cancellation is only permitted before work has been started on the Commission, or if the very first work-in-progress sketch has been totally refused and the customer(s) do not wish to proceed further.

In the event of a full cancellation after payment, only the payment received by the Artist (i.e. after deduction of the PayPal fees) can be refunded.

Once the first work-in-progress sketch has been approved, the Customer(s) are only allowed to cancel any upcoming change on the drawing (e.g. inking, coloring, shading). All the previous work, including the work-in-progress stage and any extra modification, will be charged and should be paid by the Customer(s).

In case of cancellation or change, the Customer(s) have to notify the Artist immediately. Late notification cannot prevent further modification from being charged to the Customer(s).

Following point 2, non-charged cancellation cannot be claimed if the dislikes come from details not provided by the Customer(s).

No discount can be claimed by the Customer(s) if it has not been advertised by the Artist beforehand. Strict conditions as given within the discount will be observed.

Advertisement and/or exposure is already taken into account on the displayed and given prices. No additional discount for exposure will be granted.

As a consequence of point 5k, keeping the drawing private and/or secret will increase the price of the art by a fee to compensate for the lack of exposure.

The Customer(s) have to notify that they want the art to remain private before the Commission is accepted. Late notification will only be tolerated before the payment is made. After that, the fees will increase to compensate for the late notification.

In case of a late notification, if the Customer(s) do not accept to pay for the privacy fees, the Artist keeps the right to publish it in her galleries.

Payment via Paypal invoices only. The Customer(s) are required to provide an email address at which the invoice will be send to.