This document covers some guidelines regarding my Live Stream commissions, licensing, and merchandise. Please read this carefully.
You may contact me via e-mail if you have any questions:
dona.vajgand@gmail.com
The Client must be above the legal age (18+). All references must be provided before the commission starts. The references may be visual (images, Tumblr or Pinterest boards...) or written. Please include only relevant information, it will help with clarity when designing your artwork. Here's a page with some ideas and examples of reference material that helps me.
I am in the GMT+1 time zone and typically check my e-mail once a day in the morning hours. I do not work during weekends and I do not expect you to respond during weekends and holidays. If you receive a message from me at an "off" time, it is likely due to the time zone differences and my schedule. If you are going to be away and unable to respond for several days at a time, please let me know in advance.
All business discussion must be via e-mail (dona.vajgand@gmail.com). Please do not use social media direct messages or other platforms to contact me regarding your commission, it is difficult to keep track of everything and those kinds of messages will be ignored.
The Client has the right to display the artwork on their Stream, Discord, and socail media and website. The commercial usage rights (for printing on merchandise, selling digital goods, and any for-profit) must be purchased separately. Proper credit to the artist must be given: full name, intact signature if reuploaded somewhere, and, if possible, a link to the portfolio - https://dona.neocities.org - and/or Twitter - @DonaVajgand.
The only exception to this rule is using emotes and stickers for features on the streaming website such as earning Bits, Mana, Elixir and similar dedicated currencies on the platform.
The Client may not sell or exchange my art in any form, physical or digital, print or NFT, under any circumstances unless you have my express written permission and you have paid for the right to do so. You also may not use my art in any published material (including free material), or on any online marketplace.
The emotes/badges can be used as an avatar on any social media. Any usage outside than the one intended is NOT allowed. An emote is not allowed to be used as a badge, a badge is not allowed to be used as an emote, an avatar is not allowed to be used as an emote and/or badge. Bigger artworks (for example: going online screen) may be cropped and used as an avatar and/or banner on social media.
If the Client edits the purchased artwork, either re-colouring and/or adding/removing any details without the artist's consent, the Client will lose any right of the artwork done by the artist. The Client may purchase transfer of rights to be allowed to modify or sell the artwork.
The artist retains all reproduction rights to the image(s) created. This includes work in progress and sketches. The artist may include the work in books and anthologies, display it in their portfolio digital or printed, and use the work for promotion. The artist will not create merchandise or prints with the artwork made for live streaming.
The guidelines above are for standard stream commissions only. If commercial use or Transfer or Rights is desired, the contract will reflect that. If you would like to hire me for commercial work or purchase the rights for creating merchandise, please submit your request via e-mail. Please note that not all stream artwork is print-ready retroactively due to its size, and there might be an additional fee for polishing or upscaling the artwork to meet the printing standards.
All prices are stated in Euros (EUR - €). Please make sure to check the currency exchange and fees in your country if you do not use euros, and let me know in advance if there are any issues regarding the exchange. You may use xe.com to check the current exchange rates.
All commissions will be processed through PayPal invoice, sent to you before the work on the commission starts. Other forms of payment cannot be accepted at this time.
The invoice payment is 100% up front. The payment is expected within 24h of the invoice being sent. After the payment has been processed, I will do the concept sketches, and send them to you for feedback. Once the sketches have been approved, I will work on the rest of the artwork. I will send you progress images during this period to make sure you are happy with it, and to do revisions on time if needed.
If you are unable to pay everything at once, or want to share the cost with someone else, arrangements are made on a case-by-case basis. Please let me know in advance (before starting the commission).
The typical WIP (work-in-progress) milestones are: initial sketches, colour samples and sketch, several progress milestones, final image. The amount of milestones will vary on each project, depending on complexity. For smaller projects, such as emojis, badges, sketches, and icons, there may be fewer to no milestones due to the size and simpler nature of the images.
The previews will be sent to you as a .jpg image at 72dpi, watermarked. If you wish to have unwatermarked copies of the WIP images, they can be sent to you upon completion of the project. It is important to request the unwatermarked WIPs at the beginning of the project, so I can save the copy on time.
Please try to be responsive during the commissioning process. I do not work on your commission while waiting on a reply because of the potential feedback and changes. If you are unable to respond to WIP e-mails within 24h for any reason (no disclosure needed), please let me know so I can make adjustments in the schedule.
After the colour sketch has been approved, no major edits or changes will be made. If the commissioner requests additional edits after the approved sketch, a price for the edits may be discussed depending on the complexity of the changes.
If the artist makes any errors in the character design, accessories, or any other visual elements specified in the provided references, the artist will make these edits at no additional cost.
Please note that you may be charged additionally if there are many complex revisions, or if heavy revisions happen in the latter stages of the process, then a fee will be charged (5% of the base price, or more for heavy time-consuming revisions that require me to re-do large portions of the image). Adding elements that were not initially discussed will be charged according to the standard pricing list.
Look over the WIP images carefully and let me know if something is wrong - the earlier we fix the mistakes, the less of a chance bigger revisions will be needed at any point. Please don't be afraid to let me know if you think any kind of change should be made, my goal is to create artwork that you will love and I do not mind the feedback and changing things up.
If you are a returning Client who would like the work previously done for you (by the artist) to be touched up, it may be done so for a price lower than the standard pricing. The exception is if the artwork needs to be re-done completely, for reasons such as needing a bigger file size or a change in style. The artist is not going to trace, copy or draw an exact replica of the emote/badge of another streamer (please note that there is a difference between referencing and copying. If there is an existing emote by someone that you like, you may send it in as a visual example of your idea. But the source image will not be altered or traced, instead it will be used purely as an inspiration for your own, unique artwork).
The Client and the artist both reserve the right to cancel or decline the commission for any reason, with or without an explanation. The Client does not have the permission to post sketches, work-in-progress, or any details of the cancelled commission in their galleries or social media.
If a commission is cancelled before any of the work has begun, a full refund of the amount paid by that point can be given. If the cancellation occurs during or directly after the early stage (the sketch stage), the artist keeps 10% of the total commission price and will refund the rest. No refunds will be given once the colouring or painting has started. If I fail to deliver your commission, you will be refunded in full.
The artist holds no responsibility in case the streaming platform does not accept your emotes or badges. There will be no refunds for artwork not accepted by the platform. Please read and follow the platform's ToS and guidelines carefully when ordering the artwork.
I will not issue any kind of refund if the commission has been completed for any reason. Please ask for it to be revised if you are not satisfied.
Every Client gets a folder on Google Drive containing the full size files, as well as web-ready and ready-to-use files (dependng on the type of artwork). I encourage you to copy the folder to your own Google Drive or another similar service of choice. I keep back-ups of all the files and will gladly help you if you lose the files. Mistakes and hard drive failures happen, however, so please back up the files for your own convenience.
When purchasing emotes, badges, and stickers the Client will receive the final artwork in .PNG format in the highest resolution required by the streaming platform (varies by platform). The Client will also receive the artwork in smaller file sizes if the platform requires it. Other types of stream art will be in their own required formats, at the highest quality available.
The Client will also get a picture compiled of the emotes/badges ideal for posting on social media. Please do not crop, remove, or hide the artist credit from the image. Please avoid posting the individual files to avoid art theft and plagiarism.
A commission can be kept 100% private, which means the artist will not post it on their social media, galleries, or display or use it anywhere else, ever. This kind of commission comes with a privacy fee of 50% of the total price.
Your name will not be mentioned when the work is displayed online or offline. This does not come with a fee.
The commissions are completed on a first come, first serve basis. If you would like your commission to be prioritized and to jump ahead in the queue, a rush fee of an additional 40% of the total price will be applied. The fee also applies to very tight deadlines where the commission needs to be started immediately to meet the deadline.
If you are happy with my service and would like to leave a tip or a donation, you may do so through my Ko-Fi page. All the PayPal Invoices come with the tip optional enabled, and you may add a tip there. All tips are greatly appreciated, and please remember - only leave one if you are able to. It is not a requirement by any means.
Thank you for reading my Terms of Service! If you have any questions, suggestions, if anything is unclear or you would like an additional explanation, please don't hesitate to communicate it with me over e-mail. I do my best to be welcoming and flexible with the requests, and will answer you in the shortest time frame possible.