The following terms and conditions apply to all commissioned work as per October 6th, 2020. Commissions requested and agreed upon before the aforementioned date maintain the pricing and terms agreed upon previously.
I. DEFINITIONS
Artist – The individual producing the Commission (Anna Giovannini).
Client – The individual purchasing the Commission.
Commission – The form of service provided by the Artist to the Client per the Commission Agreement. “Commission”, “Art[work]”, Image[ry]”, and “Project[s]” are used interchangeably herein and in Commission correspondence.
Commission Agreement – The discussion, documented via email, in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and, if applicable, the Commission deadline, early termination circumstances, rush fees, Transfer of Copyright, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. The Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.
Start of Work – The point in time by which the Client has approved the Artist to start work on the Commission.
Profile – Online locations where the Commission may be displayed (e.g., “galleries”, such as annagiovannini.weebly.com, the Artist’s Instagram and Twitter albums, Artstation.com etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, Commissions may only be displayed by the respective Client in their own Profile crediting the Artist, or as agreed upon in the Commission Agreement.
Personal Space – Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.
Public Space – Offline locations that do not fall under “Personal Space” above.
Transfer of Copyright Agreement – The discussion, documented via e-mail, in which the Artist and Client agree to transfer Copyright of the Commission from the Artist to the Client. This does not include Trademark.
Commercial Purpose: Any Image or Project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work.
Commercial Purpose Commission Agreement: A Commission Agreement development specifically for Commercial Purpose Commissions. A Commercial Purpose Commission Agreement requires separate Terms of Service, developed on a case-by-case bases.
II. GENERAL TERMS
When ordering a Commission, you agree to the following Terms of Service and Privacy Policy.
All communication for professional work including Commission quotes, process and revisions, approval and payment is handled via email only. The Client may inquire about Commissions via Direct Messages on Instagram or Twitter and will be asked for or provided with an email address for the documentation of the Commission Agreement.
I reserve the right to decline a Commission for personal reasons or previous commitments without providing an explanation.
I reserve the right to decline or discontinue a Commission at any time for any reason including but not limited to poor communication, inappropriate behavior, or a breach in these Terms of Service. In those cases, refunds for down payments will be issued.
Commission prices listed on the Commission page of this website and these Terms of Service apply to personal use only, i.e., in situations where the Client will not profit or conduct business through the Commission. For Commercial Purposes, the Client must contact the Artist and quotes and terms will vary on a case-by-case basis.
The Client may display the Commission in personal Profiles with or without credit to the Artist. Credit may be in the form of the Artist’s name (“Anna G.”) or social media handle ("Hariina R."), displayed along with a link to annagiovannini.weebly.com or @Hariina_R/@HariinaR for social media accounts. The Client cannot display a Commission in a Public Space unless agreed on beforehand in the Commission Agreement (i.e., the Client states that the Commission will be used for self-promotion, streaming etc,) prior to Start of Work.
I, the Artist, will not accept Commissions that may be considered NSFW, including sexually explicit and pornographic imagery, fetishes, gore and hate art, as well as artwork for religious or political use.
I reserve the right to decline a Commission that deviates from my art style such as satire and caricature. I will not under any circumstance accept any commissions that involve copying another artist’s art style, plagiarizing artwork, or reproducing Copyrighted or Trademarked images or characters without expressed written permission of its Copyright or Trademark owner.
III. INQUIRIES AND ORDERING
Commissions are opened in small batches so that Clients do not have to wait more than the time agreed on the Commission Agreement for the work to be completed. If the current batch is full, a waitlist will be announced and open for those who wish to wait an extended period for the completion of their Commission.
Quotes can be requested at any time, during openings and waitlists.
Quotes are only valid for the period of two months and are subject to changes in the price sheet after that period.
Orders that involve multiple Clients such as D&D group portraits must select a single representative to handle communication and payment with the Artist. All updates will be sent through that representative, and revisions must be requested by them as well.
Commissions are done digitally under a standard 12x17 inch canvas at 300dpi and delivered in RGB color, in .psd and .png format. The Client is responsible for informing any additional requirements in size or resolution before the Start of Work, if necessary. I do not accept traditional art Commissions.
Once a quote is accepted by the client, additions to the piece are only accepted in very particular circumstances. Extra fees will be charged for any additional elements requested, should such additions be accepted by the artist. The artist reserves the right to decline any additions requested after the acceptance of a quote.
The Client must provide a description of the desired character or artwork to the best of their ability prior to the Start of Work. The Client may also give the Artist creative freedom over the design (or parts thereof) in accordance to the revision terms below.
The Artist is not responsible for printing [creating a hard copy of] a commission, and therefore neither printing not shipping prices are included in the Commission quote. Artwork will be delivered in digital format only. The Client may use the digital file for local printing, so long as it does not breach the Terms stated in Section II and VI.
IV. PAYMENT
All payments must be done via Paypal. The Client must provide an email address to which Paypal invoices will be sent, if different from the one used for initial contact.
All prices are expressed in Euro (EUR), and payments are expected to be made as such. Invoices will be sent in Euro and Paypal may automatically convert currencies for Clients outside the European Union.
All Paypal and transfer-related fees are included in the quote given.
A down-payment of 50% is required upfront right after the quote is accepted via email, and before Start of Work on the Commission. The remaining 50% of payment will be requested once the render phase is completed and the Client is satisfied with the result expressed in writing via the Commission Agreement, but before being sent the final high-resolution files. Clients may also choose to pay the full quote upfront.
Payments are required within 14 days of receiving the Invoice, unless otherwise stated in the Commission Agreement.
Once full payment is received, the Artist will send a Dropbox link with the high-resolution files for download. Files will be available at the Artist's Dropbox for a period of one week due to space limitations. The Client may contact the Artist in case the commission files are lost or corrupted for re-upload.
Full refunds can be requested only before Start of Work of a Commission.
V. PROCESS, REVISIONS AND DEADLINES
Deadlines must be informed and agreed on before the initial quote. Deadlines may affect the price and a rush fee may be applied.
The Client will receive regular updates on the work process, including sketches (including thumbnails for more complex compositions), rough value previews, color schemes, and final rendered piece. The Client may request revisions on the design and provide approval through each of these stages before the Artist moves on to the next stage.
The Client may request a preview of the Commission at any point between the aforementioned stages.
Because the Artist is also a full-time PhD researcher, timelines and schedules may change based on other work and educational commitments, health issues or personal emergencies. Clients will be informed and updated if any of these issues come to pass and may delay the progress of their Commissions.
VI. IMAGE RIGHTS
Commissions are strictly for personal use only. For Commercial Purpose, the rights of the art must be purchased.
The Client will not sell or exchange the Artwork in any form, physical or digital, print or as Non-Fungible Tokens (NFTs) without my express written permission and having purchased the right to do so.
The Client will not use the Commission as training data for Artificial Intelligence (AI) algorithms and Image Generators. I, the Artist, do not under any circumstance give permission for any work produced during the Commission Process to be used in AI and machine learning training of any kind.
By commissioning the artist, the client is purchasing the artist’s labor only. The Artist retains all rights to the Commissions, which includes but is not limited to: distribution, reproduction, us of the commission for artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a “Transfer of Copyright Agreement” as defined in the Client Documents. The Client may not distribute, reproduce, or otherwise profit from the Commission beyond what applied to new Terms of Service agreed upon in a “Transfer of Copyright Agreement”. The client may not edit, alter, or trace the Commission without the Artist’s expressed written permission, or as agreed upon in the Commission Agreement prior to Start of Work.
The Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.
The Artist may sell Limited Edition Prints or merchandise of the Commission (i.e. artbooks) only with written agreement from the Client.
Every Client can, if desired, buy the full Commercial Rights to commissioned artwork. Details will be discussed individually and on a case-by-case basis under industry rates and legal contracts.
If a Client wishes to delay public display of their commission by the artist, they must inform the artist before the work on the commission is completed. Non-Disclosure Agreements for Commercial Art can also be discussed under a Commercial Purpose Commission Agreement.
VII. MORAL RIGHTS
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.
The Client may not incorporate the Commission in another work of art (or another Artist’s Commission).
This agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provision thereof. This agreement shall be governed by the laws of the Republic of Ireland.
The Artist has the right to pursue damages under Irish Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.
For any questions related to the Terms of Service, Commercial Purpose Commissions and Quotes, please contact me.