EVERGINGERLY

Terms of Service

THE TLDR
This condensed version is for reference purposes only, and is not a comprehensive list of my full terms. Please read the full version before purchasing a commission.

GENERAL
‣ Please provide references, art references that provide a base color palette or are unfiltered and unshaded flat color artwork of the subject(s) are preferred.
‣ Written descriptions can be worked with as reference, but if they are the only reference provided additional fees may be applied.
‣ Simple color or pattern backgrounds included for free, transparent/no background file available in most cases. Complex backgrounds will incur extra charges and must be discussed for pricing.
‣ Complex character designs may incur additional fees.
‣ Additional characters incur 75% of the regular price.TERMS OF SERVICE
LAST UPDATE: August 7, 2026This contract applies to the artist (hereinafter, Seller) and person or institution (hereinafter, Customer) purchasing from Seller a work of art (hereinafter, Product). By ordering or purchasing Product from Seller, the Customer agrees to the following terms and conditions:PAYMENTS
1. For any Product of value lower than or equal to $50.00 (USD), Customer agrees to pay the due amount in full before any work commences or Product order is fulfilled.
2. For Product of value above $50.00, Seller will allow a split payment plan in which Customer agrees to pay one half of the due invoice total before any work on Product commences. The remaining unpaid half of the due invoice is to be paid upon approval of the initial sketch or line-work.
2a. Any other proposed payment schedule must be mutually agreed upon by Seller and Customer before work on the Product commences.
2b. Certain Product types do not allow for a split payment. In such cases Customer will be informed and asked to agree to a different payment schedule. Products that are immediately deliverable to Customer upon purchase (e.g. Adoptable characters, art bases, and other digital assets) must be paid in full prior to delivery of the Product.
3. Customer accepts that work on the Product will not commence until payment has been received by Seller according to the above schedule or mutually agreed upon schedule.
4. Customer agrees to pay the total amount specified in USD.
4a. Customer agrees to pay any currency conversion costs, bank transfer fees, payment service fees, and/or any other costs involved in transferring funds to Seller.PRODUCT DELIVERY
5. Customer agrees that Product will be delivered digitally to email address provided by Customer or via the platform on which Product was purchased.
5a. Any other method of delivery, either digital or physical, has to be mutually agreed before work commences.
5b. Customer agrees to pay for any costs incurred by alternative delivery methods, such as postage fees and material costs.
6. It is the responsibility of Customer to propose delivery method which works for both parties. Seller cannot be held accountable for Customer's loss of access to the delivery method, loss of delivered files, impediments such as spam filters, or any other technical obstacles outside responsibility of the Seller.
Upon delivery of the Product, it is the Customer's responsibility to store and maintain their access to Product. Loss of Product will not be reimbursed by the Seller. Seller cannot guarantee that the original copy of the Product will be available in the event that Customer loses their files.REVISIONS
7. No revisions will be granted on “Surprise Me!” Products, unless Seller has made an error in review of reference(s) provided by Customer.
8. Any revision requested due to Seller error (e.g. missing a detail previously stated by Customer or shown in reference materials provided by Customer) will not incur any additional fee.
8a. Details not provided by Customer until after completion of Product are not Seller’s error.
9. Customer has the right to request three [3] reasonable revisions at no additional cost while the Product is in the initial sketch phase.
10. Customer understands and agrees that large revisions (e.g. Customer wishes to change Product to feature an alternative subject) will incur an additional fee.
11. Customer understands and agrees that revisions requested after Customer has approved a final draft for Seller to proceed work on will incur an additional fee.
12. Customer has the right to request a reasonable amount of minor edits after delivery of Product, such as changing an eye color or fixing a small detail, up to an additional 10% of the total time spent on creating the originally delivered Product. Any requests above that percentage of time, however minor, will require a prior mutual agreement and will result in a proportional increase of order value. Any such increase will be invoiced separately. Work on any such excess request(s) will not commence until the payment for the additional invoice(s) has been received.CANCELLATIONS
13. Seller reserves the right to refuse or cancel any order.
14. Customer understands that cancellation of an order may not result in a full refund if Seller has begun work on the Product.
15. Commissions may be cancelled by Seller due to lack of communication from the Customer.
15a. Customer obliges to contact the Seller in responsive manner, responding to any requests for comments, clarifications, opinions, validation of progress, etc.
15b. Customer must notify Seller of issues that may affect their response times to Seller. Reasonable accommodations can be made if Seller is properly notified.
15c. If Customer has not notified Seller of communication issues and does not respond to requests for feedback within a three-week (21 consecutive days) time period, Seller may move on to the next step of the Product and/or cancel the order.
16. Any disrespectful or mal-intended behavior toward Seller will not be tolerated and will result in a cancellation of the order. Seller reserves the right to refuse service to Customer in the future.REFUND POLICY
17. Customer has the right to request a refund when Product has not been completed within the mutually agreed upon or Seller-specified time span.
17a. These provisions exclude work interruptions caused by unforeseen circumstances such as illness, accident or any other credibly documented reason for interruption of work.
18. If the order is cancelled by Seller for reasons not related to Customer conduct, a refund will be issued.
19. If the order is cancelled by Seller due to Customer conduct, a partial refund will be issued depending on the amount of work already completed by Seller on Product.
20. For orders cancelled by Customer, full or partial refunds will be given depending on the amount of work already completed by Seller on Product.PERSONAL AND COMMERCIAL USE
21. The Product received by Customer is strictly for personal, non-commercial, non-monetized use only, unless Customer has purchased a commercial license for Product.
22. Customer may perform small edits to Product such as applying a filter, graphics, or cropping for a profile picture, as long as credit to Seller is maintained.
23. Customer is prohibited from removal of Seller’s watermark from Product. If watermark is cropped out of Product, Seller credit must be maintained elsewhere on the same platform the cropped Product is displayed.
24. Customer may print or obtain other physical versions of the Product for personal use, but may not use these items for monetary gain or marketing.
25. Any use of Product for commercial purposes is prohibited, including but not limited to resale, reproduction, minting, or publishing for any reason other than personal use purposes without explicit written permission from Seller and/or purchase of a commercial license. This will require a separate agreement between Customer and Seller defining exact conditions and financial implications of such use of the Product.
26. Customer does not hold the right to use the product in any blockchain-related technology, including NFTs, cryptocurrency, or future inventions in the space.
27. Customer does not hold the right to use the product for AI datasets, AI tools, and any present or future inventions in the space.SELLER STATEMENTS
28. Seller maintains all rights to their work, the Product.
29. Seller maintains the right to livestream their work during the commission, unless Customer specified otherwise prior to work commencing.
30. Seller maintains the right to post the Product online, in Seller’s portfolio, in publications such as art books, as well as other marketing/promotional materials for Seller. Customer may request Seller does not use the Product for these purposes, however, Seller may require a privacy fee to honor the request.
31. Seller will NOT claim the intellectual property (IP) of the commissioned Product.

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Examples & Pricing
_{All pricing is estimated and can change based on the request.
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