Xabane's Terms of Service

1. Introduction

Hello, I am Xabane and this is my TOS that you need to read to be able to work with me. Understand that by commissioning me, you accept my Terms.

Everything here will be exactly what you need to know and learn about how I work, the process and what you need to do. Everything here will answer most questions you may have.

Thank you for taking the time to read my TOS.

1a. FORMS OF CLIENT USE

Before we continue, let's go over commercial licenses and whether or not they apply to you and your commission/project.

It is possible to increase the license but you cannot lower it. (ie. starting a commission you intended for Creator Use, but you changed your mind and want it for Personal Use).

Long Term/Bigger projects will need to be discussed.

BUSINESS & COMPANY CLIENTS

Prices for commercial use of any type are custom set depending on project, nature of the clients planned use of the art, and are negotiable.

Available Licenses

1b. ✔️Here is what I am capable and willing to draw:

If it's not listed here, I don't do it.

• Original Characters
• Character Sheets (this includes facial expressions)
• Twitch Panels
• Channel Banners
• Backgrounds
• General Items (backpacks, food, etc.)
• Accessories (necklaces, the fine details in clothing and jewelry, etc.)
• Accents (When I say accents, I mean things to fill empty spaces! Flowers, bows, clouds, basically cute or cool things)
• Monster Fanart (from any video game such as Pokemon, Digimon, TemTem, Nexomon, Ultimate Siralim, Ooblets, Monster Sanctuary, Monster Crown, etc. Depending on complexity note that prices may rise.)
• Some Mechanical - will have to be custom and needs to be discussed.
• Wings, horns, tails, animal ears, paws
• Fanart
• Furries
• Hybrids (Such as some humanoids, human crosses, etc. Just DM me for any Q's)
• Any gender (By this I mean anatomy, so if you have a character who is Non-Binary then let me know body type, etc.)

2. Commission Process

Let me walk you through what I do to deliver your commission! Keep in mind that I work on commissions Saturday-Tuesday!

To make your commission I need:

• Payment
• Subject of the Commission
• Short summary of subject
• References are a must-have. This includes references of the subject, poses, expressions, anything that will help me draw it. Even drawing a doodle of what you'd like is enough, I don't care if it's a childs doodle. ANYTHING HELPS.
• Property specifics such as Canvas size (pixels), resolution, etc. if needed.

After I receive and approve your request and all your references are together, I go through these steps I call Phases:

1. Sketching Phase: I sketch EVERYTHING you want in the commission. This literally includes every small or big detail you requested for the commission. The sketch will be clean enough to make out what you'd like drawn. This is the only phase where you can request a refund and bigger revisions (Refer to 3. PAYMENTS, REFUNDS & CANCELLATIONS). I only continue to the next phase once I receive your approval. NOTE: YOU CANNOT REQUEST A REFUND FOR A SKETCH COMMISSION.

2. LineArt Phase: I start the lineart and refine all the details. I only proceed to the next phase once I receive approval. 3 max Small revisions are allowed (this includes Lineart Commissions).

3. Coloring Phase: I work on finishing the commission. I do base, shading and lighting in this phase to ultimately complete the commission. This provides the client with a PNG with 200-300 DPI. Commissions come with my digital signature and my watermark. Client is given two PNGs, one with and one without my watermark. Digital signature remains. Coloring revisions allowed.

I keep constant communication and provide updates whenever I need and you are welcome to ask for an update. Please allow me enough time to fully work on your commission. I want to provide the best I can for the client but I ask for patience. Expected ETA is anywhere from a week to a month depending on the scale of the commission (this includes ETA for all commission types). If you need a commission by a certain time, I ask that you notify me and make a commission request at least a month beforehand. This is to help cushion time if anything were to happen that would prevent me from having your commission completed by the due date. Understand that I won't accept last minute commissions.

When I show/share updates, it will be heavily covered with my watermark. I encourage clients to use my watermark if the request is fanart. However, if the request is of the clients personal design (OC's, etc.), that choice is up to the client.

NOTE: Revisions are unlimited during the Sketching Phase(1). Simple Revisions (3 max) are allowed in Phase 2. Revisions are not allowed in Phase 3.

This concludes the commission process.

3. Payments, Fees, Refunds + Cancellations

• I don't do accommodations, "friend" discounts, etc. My prices are set and I stand firm by them.
• Payment is 100% upfront via Ko-fi or Paypal Only ($USD).
• Creator Use License: 100%
• Commercial Use License: 500%
• Extended Commercial Use License: 750%
• Full Ownership License: 1000%
• Private Commission Fee: 20%. (This doesn't apply if you do not want said commission to be revealed until a certain date; ie. VTuber model art, etc.).
• Priority Commission Fee: 10-100% (Negotiable; depends on my current workload and time I'm given as well as the weight of the commission)
• I only allow full refunds during the Sketching Phase (refer to 2. MY COMMISSION PROCESS). This does NOT include Sketch Commissions. Please cancel before I start your commission or during this Phase.
• Sketch Commissions do not have refund options.
• If in the event in which you may decide to cancel past the Sketching Phase, you do not receive a refund. You are free to cancel the commission request whenever you like but no refund will be given past the Sketching Phase. Please reread this and understand it.
• You cannot ask for a refund anytime after the Sketching Phase. If you do, I will redirect you to my TOS.
• You cannot ask for a refund for a sketch commission. If you try to request that you want revisions made for a sketch, there may be a small fee.
• In the event where I must cancel a commission for any reason, I provide a full refund as it is of no fault of the client UNLESS the commission was meant to be used under a specific commercial license.
• In the event where I must cancel a commission that was meant for a commercial license that you want to lower or cancel for Personal Use, I will keep the payment IF I had worked past Phase 1. If I'm still in the sketching phase, the client will receive a full refund.
• In the event that I must correct a coloring mistake for a finalized commission, I correct the mistake free of charge. To avoid this event, please communicate clearly before I finalize your commission.

4. Copyrights

• I am the rightful copyright owner of my artwork and should be credited as such whether the artwork shared is a commission or repost. This means a link linking back to me in any way is required.
• I DO NOT permit or consent ANY (personal or commercial) of my work to be used or sold for NFT/AI purposes/use.
• I DO NOT permit my personal artwork to be edited or used for commercial use or purposes.
• I DO NOT permit my personal artwork to be reposted without my consent.
• If you are looking to commission for commercial use, you must choose and pay the fee for your desired commercial type.

5. My Rights & My Responsibilites

• I am readily available for commissions and respond within 2 hours Saturday-Tuesday unless I message otherwise that I must discuss at a later time.
• I have the right to refuse any commission for any reason without explanation.
• I have the right to cancel/refund any commission for any reason without explanation.
• Upon hearing if a client or person uses my art, gift, commission or otherwise, as/for NFT/AI, they immediately lose their rights and will be hit with a DMCA. This includes paid commercial artwork.
• I reserve the right to refuse service if the client is rude, difficult, non-communicative, demanding, pestering, etc. I will refund the client upon receiving this kind of behavior.
• Upon receiving commission requests, I assume the client has read and accepted my Terms of Service.
• I (may) stream the commission process ONLY if I receive permission from the client.
• Commissions are sent and finalized via E-Mail. Clients receive two PNGs, both with my digital signature, one with and one without my Watermark.
• In the event of there being Coloring Phase mistakes, I will correct the mistake free of charge.

• Promote myself in any place or site
• Publish art books
• Display my art anywhere, anytime I like

This includes your commission's WIP shots, .psd files of finished artwork, or timelapse for teaching/presentation purposes.

6. Clients Rights & Client Responsibilities

• The client is the rightful copyright owner of their original characters as well as character designs, human, creature or otherwise.
• The client DOES NOT have permission to use my art for commercial use unless client has paid the fee for their commercial type.
• The client DOES NOT have permission to use/sell my art for NFT+AI purposes/use.
• The client CANNOT claim my artwork as their own and must fully credit me whenever they post my artwork. (meaning you have to link me completely, directly, ALWAYS. You won't be bothering me. That excuse DOES NOT work on me.)
• The client must be of legal age (in their country) to work with me/commission me.
• The client must have clear references of the subject(s) they want drawn. If there are no references provided, I, Xabane, have the right to refuse the commission request.
• The client is responsible for their funds and are required to have payment ready upon requesting a commission. Client understands that Payment is upfront and through Ko-fi and/or Paypal Only($USD). (Refer to 3. PAYMENTS, REFUNDS & CANCELLATIONS).
• Payment is required immediately if the client's turn comes up in a waitlist; if they are next. If client cannot submit the required payment, they lose their place and must start from the bottom.
• The client understands that once we are past Phase 1 and have moved to Phase 2 of the commission process that they cannot request a refund. The option of receiving a refund is void once I move into the Lineart phase.
• The client must be available to communicate on Twitter, Ko-fi or through E-Mail.
• The client understands that their commission may be used as part of my portfolio. If the Client does not want their commission request as part of my portfolio, they must notify me.
• The client understands that I may not accept last minute commissions that have an expedited due date. I won't accept a commission without sufficient time to complete it.
• By commissioning me, the client understands that I will pick the colors of your character, from the reference provided, for the flat colors. However, the environment, effects, and style can and may effect the final render (if commissioning me to do a background/scene).

7. Use & Publication

• Commissions are for meant for personal use only.
• Commercial use is prohibited unless you have paid for your desired commercial license.
• Using/selling my artwork for NFT purposes is prohibited.
• Using/selling my artwork for AI purposes is prohibited.
• The client is free to use and print the commissioned piece only if they clearly stated it was personal use and/or paid for a commercial license.
• The client is to provide credit to me at any point of using/posting the commission.
• Editing a commission (or any of my art) is prohibited UNLESS the client commissioned for Streaming Assets that requires the client to receive the PSD/CSP files.

8. Adoptables

• Adoptables are intended for Personal Use Only.
• For commercial use, the client must pay for their desired commercial license AND the Adoptable's price.
• DO NOT claim the adoptable concept/art as your own (as if you created it). While you pay to own the design, you did not create/design the character.
• Always credit me when sharing an adoptable you purchased from me.
• Upon purchase, there are NO REFUNDS. Purchases are final!
• If you are using my adoptable designs for NFT or AI use, you forfeit your right to use and own the design and I can resell it. No refunds.
• If you are using my adoptable designs for NFT or AI use, you forfeit your right to use and own the design and I can resell it. No refunds.
• I do not hold adoptables for later payment; they are first come, first serve on my Ko-fi Shop.
• I do not bid off my Adoptables.
• Adoptables I design do not come with any backstory or details. That's all up to you!
• Do not use my Adoptables to spread hate, or hateful messages, or anything of that nature.
• I do not offer edits for my Adoptables, but once you purchase the design, you may add onto it and do as you like (this does not mean you can edit my original artwork for said design).
• In the event where you no longer want the design, you may sell it or give it away. Notify/credit me as it is my art and I need to know where it is. We may even work together, and I'd even love to help you resell it.
• If you resell the design, you may not sell it for more than what you purchased it for UNLESS you commissioned artwork of the character and include it with the listing.

9. Character Design Commissions

• All my character designs will be flat color. This means I do not offer shading/full rendering for character designs. This makes it not only easier for me, but other artists to color-pick when you provide them this reference.
• All character designs I draw/design will have my watermark and website information. Of course, it will also state that the OC belongs to the client. Please see my portfolio for an example of this.
• If the OC was originally designed by the client and I am only drawing said design (ie. client has provided clear references, adding things onto a pre-existing design, etc.), design credit remains with the client and will be stated alongside my information.
• If I am designing the character based on visuals/mood boards the client has provided (ie. client does not have clear references, etc.), design credit falls to me and will be stated along with my other information. This does not mean the character belongs to me or that I own the design, this means I designed the character and require to be credited.
• If I design smaller things like weaponry, accessories, etc., it will state so alongside my other information.
• Revisions are mostly unlimited in the sketching phase, I only allow (3 max.) smaller revisions in the Lineart phase. Please see 2. COMMISSION PROCESS above for more information.
• I also provide small text descriptions when needed if the client would like that to be included in the commission, at no extra cost.
• Commercial fees apply for all commission options if that is the intent for said artwork. This especially applies if the design is meant for a project. If you are looking for a character designer for a bigger project, please contact me and we can discuss further.

10. NB

• I do not allow my artwork, personal or commissioned, to be taken/used for NFT/AI purposes. I will block/turn away clients or individuals who approach me with this intention. If you try to use my Art for NFTs, I will hit you with a DMCA. This includes paid commercial artwork.
• I normally just accept $USD. However, please notify me if you use a different currency so that I may calculate the difference if needed. I may be able to accept your commission.
• I am a digital artist. I create and only provide digital goods. At this time, I do not provide personally physical print copies of my commissioned artwork, however, I do have a RedBubble.
• I sometimes may stream commissions. Please notify me via my commission form whether you'd like to opt out.
• For Channel Banner + Panel commissions, I provide the .CSP/.PSD file so that you may adjust or edit the TEXT (NOT the art).
• References are a mandatory requirement to commission me. Please refrain from requesting a commission without first having the references available and ready.
• ETA for Commission completion varies from two weeks-a month depending on the type and scale (details, add-ons, etc.) of the commission.
• All my commissions come with two .PNG with my digital signature (one with/one without my Watermark).
• For Banner + Panel commissions: Banners will come with a subtle digital signature and thus will only come with one .PNG w/Signature and one .CSP/.PSD file. Twitch Panels come with one .PNG with watermark/one without watermark, and one .CSP/.PSD file. Note that you may only post Twitch Panel commissions online with my Watermark on social media. These Panels were commissioned by you, for you only.
• I keep constant contact with clients. I respond to messages within 1-2 hours. Saturday-Tuesday. Wednesday-Friday are my days off. Please refrain from contacting me on those days unless it is urgent. I will reply on Saturday.

Understand that if you submit a commission request, I will present the TOS before proceeding. If you continue with commissioning me or purchase an Adoptable, I will assume you have read, understood, and accepted my Terms.