Commission Terms of Service

1.   Definitions and Agreement - These terms refer to the agreement between Philippe Mandin (aka ‘toasterpip’, hereafter the ‘Artist’) and another party (hereafter the ‘Client’) for the creation of an illustration or design (hereafter the ‘Commission’). Requesting a Commission is considered an acceptance of these Terms of Service.

2.   Usage - The Artist reserves the right to use the Commission for purposes of self-promotion, such as in his online gallery or in physical materials showing commission examples, provided mention is made of its status as a Commission, and the Client who requested it. The Client may use the Commission for non-commercial purposes, provided credit is given to the Artist, with at least one contact link provided (email, gallery/blog links). The Client may NOT use the Commission for commercial purposes, except in the case of Commissions specifically created for that purpose (such as logo design). Commercial-oriented Commissions are subject to special pricing, to be negotiated between the Artist and the Client.

3.   Refusal - The Artist reserves the right to refuse any request for a Commission for any reason, particularly: pornography (including nudity solely for the purpose of titillation) (this may be relaxed for Digital Commissions, at the Artist’s discretion), violence that results in visible bloodshed or serious injury, excessive profanity (at the Artist’s discretion), or subjects that would be generally considered ‘uncomfortable’ (such as incestuous subject matter).

4.   Payment Terms - Payment must be rendered up-front for traditional commissions. Digital commissions may be paid for entirely up-front, and this is preferred. However, a minimum of half the commission price is required up-front, with the rest payable upon completion and delivery.

5.   Refunds - The Client may at any time before delivery ask for a refund of payment rendered, thereby cancelling the Commission. The Artist may also cancel the Commission and issue a refund prior to completion of the Commission. However, the Artist must provide a reason for doing so. Once a commissioned piece has been delivered and the transaction completed, the payment is non-refundable for any reason.

6.   Customer Satisfaction - A Digital Commission will not be considered complete until the Client approves of it. However, this stipulation is subject to the bounds of reason - five or six rounds of changes is acceptable, ten or more is excessive. If the Artist deems the Client to be excessive in requests for changes, a refund may be issued and the Commission cancelled. For Traditional Commissions (ie. at an event), the Client may request one (1) round of revisions. This is to ensure that a Commission can be finished at the event, so as to avoid the hassle of delivery after the fact.

7.   Timeliness - The Artist is obligated to complete the Commission within a reasonable period, depending upon the complexity of work to be done. If the Artist feels they cannot complete the Commission in a timely fashion, the Client must be made aware and a refund offered. The Client may opt to allow the Artist to complete the Commission with a revised end date, and the Artist must attempt to make this goal. The Client may also make reasonable requests for status updates on the Commission. This would refer to frequency of requests - once or twice a week is acceptable, once or more a day is excessive. If the Client requires the Commission to be completed by a certain deadline, they must advise the Artist. Should the Artist deem the deadline unreasonable (ie. only a week for a full digital render), he may refuse to take the Commission on the grounds of being unable to meet the deadline.

8.   Abuse of the Artist - The Client shall not engage in behaviour meant to belittle or insult the Artist, particularly on the basis of style or perceived quality. The Artist reserves the right to cancel the Commission at any time if abusive behaviour occurs, and shall only be obligated to refund up to half of payment already rendered. By making the Commission request, the Client agrees that the money kept by the Artist in this instance will be considered a service fee, and shall not be returned. Should the Client become bothersome with excessive requests for status updates, the Artist reserves the right to cancel the Commission and shall provide a refund as above.

9.   Abandoned Commissions - Traditional Commissions only - If a Client fails to return to pick up the Commission at the end of the event during which it was requested, and makes no further attempt to contact the Artist to obtain it within one (1) week, any work done on the Commission and any payment rendered shall remain with the Artist.