Terms and Conditions

Payment Information

All prices are in GBP and are non-negotiable.
I take payment upfront for all commissions via Paypal. I do not offer any other payment methods. This is to ensure that you and I have protection for payments sent and received.
For large commissions, I may offer the option to pay 50% of the commission price upfront, the final 50% is due when the completed artwork is approved.
Physical artwork (traditional) and digital files will not be released until the full payment has been received and cleared.
Your design will be booked into a commission slot once your payment (or first payment) has been received. Turnaround times are determined after receipt of payment. Until then, your turnaround time is subject to change.
Failure to pay the remainder of a commission within a reasonable amount of time may result in a forfeiture of the commission. I may resell the artwork that has not been paid for in full and in the event of a cancellation after work has begun.

Decline of Offers

I reserve the right to decline any commission request, without needing to explain the reason (however, I will likely explain the reasoning for decline out of courtesy).
I will not create any depiction of sexually explicit (i.e., “x-rated”, “pornographic,” simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.

Artist Cancellation of Commission

I reserve the right to stop work on a Commission or cancel a Commission request due to poor communication, rude/inappropriate behaviour, an inability to effectively communicate in the English language, or a breach of these Terms of Service.

Artist Copyright and Reproduction

By commissioning the Artist, the Client is purchasing the Artist’s labour only. The Artist retains all rights to the Commission, which includes but is not limited to: distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space). The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [traditional art] Commission. The client may not edit, alter, or trace the Commission without the Artist’s expressed written permission. Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.

Commission Description

The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission will incur additional illustration fees, to be defined and agreed upon prior to the Start of Work. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. Large display size will incur additional illustration fees, to be defined and agreed upon prior to the Start of work.

Deadlines & Flexibility

If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon prior to Start of Work. The Artist, to the best of their ability, can give a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work. The Artist will inform the Client regularly of progress (including photos) or if changes to completion times have occurred. The Artist is not obliged to explain the reasoning behind extensions or delays for the completion of a Commission, but will often do so out of courtesy.

Confidentiality

If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the time-span in the Commission Agreement to eventually allow the Artist to publicly display the image.

Public Display and Use

The Client may display the Commission in Profiles as long as the Artist’s name (“SketchWithBex”) is prominently displayed along with a link to www.sketchwithbex.com or "@SketchWithBex" for social media accounts. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in the Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.

Competitions

Under no circumstances may the Client submit a Commission to any kind of online or offline contest.

Digital Commissions

Digital art Commissions will be provided to the Client via email or an online download location in .jpeg or .png format (PDF possible); this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist. Files will be of the highest resolution and include both signed/watermarked and un-watermarked copies of the finished product. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission) unless signed and agreed upon in the Commission Agreement prior to the Start of Work.

Traditional Commissions

Traditional art Commissions will be provided to the Client via postage and shipping. The Client will pay costs and expenses, including insurance, for the crating, packing and shipping of the [traditional] Commission for delivery to the Client. For medium and large-scale commissions or international Clients, the Artist will often expect the Client to pay for framing, mounting and shipping fees. These fees will be determined during the Commission Agreement prior to the Start of Work. A printed "Certificate of Authenticity" will be provided to the Client with the physical copy of the Commission. Additionally, digital formats of the final Commission and Certificate of Authenticity will also be provided to the Client as .jpeg, .png or .PDF files.

Prints and Products

The Artist is not responsible for printing [creating a hard copy of] a digital art Commission or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. The Client may use the digital (.jpeg, .png or .PDF) file for local printing, so long as it does not breach these terms.

Promotion

The Artist may use any images of the Commission for promotional purposes unless otherwise agreed upon in the Commission Agreement (see Term - Confidentiality). The Artist may also sell Limited Edition Prints or merchandise of the Commission (i.e. art books) only with written agreement from the Client.

Address Notice

The Client is responsible for ensuring that their contact details are true and correct. Either party shall notify the other party in case of a change of address prior to such change.

Destruction

The Client will not permit any intentional destruction, damage or modification to the Commission.

Expiration

This contract binds the parties, their heirs, all their successors in interest, and all Client's obligations are attached to the Commission and go with ownership of the Commission, all for the life of the Artist and Artist’s surviving spouse plus twenty-one (21) years unless otherwise stated.

Moral Right

The Client will not permit any use of the Artist’s name or misuse of the Commission which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Commission.

Damages, Theft and Misplacement

The Artist is not responsible for any damages made to the Commission [traditional or digital print] except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the Commission. The Artist will ensure the packaging of the [traditional or digitally printed] Commission is safe and secure and will provide postage and tracking details to the Client once the Commission has been posted. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded. The Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Commission by other parties if a "Transfer of Copyright Agreement" was made.