DISCLAIMER

• By commissioning us, you automatically agree to the following terms of service.
• Please read the entirety of the terms carefully. We will refuse your commission if you don't comply to our terms.
• From hereon, any mentions of "we," "our," or "us" solely refers to the artists being commissioned, 'sewotowin.'
• NFT usage is strictly forbidden.
• You are prohibited from using any of our artworks for AI training.
• If you have any questions, please contact us through email at [email protected] or through DMs on Twitter @sewotowin.

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USER AGREEMENT

• By commissioning us, you agree that you have read and accepted all the terms described herein.
• You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to us.
• If you violate the terms stated here, you will be added to our blacklist and will NOT be able to commission us in the future.

GENERAL

      CLIENT

• You, the Client, will be expected to first read our TOS and understand our general Commission Prices.
• You, the Client, may display your commissioned work on external sites as long as it is visibly credited and linked back to us.
• You may not upload or host our work in any gallery that is intended to display your own work only.
• You may not claim our work as your own.
• You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.
• You are NOT authorized to change, modify, edit or use our works without our permission.
• You are NOT authorized to trace over our Artwork in any way, including the use of the artwork as a “base.”
• You are PROHIBITED from using our works for any AI/NFT purposes.
• Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.
  • These clients are permitted to include signatures and/or watermarks indicating the Artwork is our intellectual property. Credit in some form is required.
• By placing an order, you agree to these terms and conditions. Please read these terms carefully.

      ARTIST

• By commissioning us, you are purchasing our service as artists only.
• We reserve the right to post your finished artwork in our gallery for any reason unless you, the Client, have requested not to ahead of time. 
• We reserve the right to decline any project or client for any reason.
• We reserve the right to refund you the full amount paid if we no longer wish to work on your project for any reason.

USAGE

• Commissioned works produced by us are copyrighted by us and MAY NOT be used for your own personal profit.
  • The Client retains the rights to the character(s) commissioned, but not the rights to the artwork itself.
• Commissioned works produced by us are solely for personal use ONLY, unless rights for the commissioned works are purchased by our client.
• You, the Client, must inform us in your order form if you want to use your commissioned work for commercial purposes. Commercial use includes printing as merchandise (stickers, prints, keychains, etc), use for advertisement purposes, or any activity that will result in the Client's monetary gain.
  • Emotes commissioned and used on YouTube/Twitch channels are considered non-commercial, channel exclusive use, unless stated otherwise.
• If commissioning characters from a game/anime/series/any IP that does not belong to the Client, the Client is solely responsible for the use of commissioned work. We, the artists, hold no responsibility for any DMCA claims made against the Client for use of commissioned work.
• We have the rights to use any commissioned works that is deemed fanart for our own merchandise, unless otherwise stated.
• As the owners of the artwork's rights, we reserve the rights to use your commissioned work as portfolio samples to promote ourselves, as well as post the commission where we see fit, unless otherwise discussed.

PAYMENT, REFUNDS, CANCELLATIONS

      PAYMENT

• Payment will be through Square Invoice, unless otherwise discussed, and in USD only.
• Client can choose to:
  1. Pay 50% of the commission fee prior to being shown the sketch(es) for their order. The remaining amount is then paid after approval of the sketch(es). OR
  2. Make full payment upfront before we start working on the commission.
• Whichever choice the Client chooses, we will not start on the commission until payment is cleared.
  • In the case the Client chooses to pay 50% first, they will be given three (3) days after sketch approval to pay the remaining balance. Any exceptions regarding this rule must be discussed and agreed upon between the Client and the Artists.
• We are not responsible for any mistakes that are made on your part over the course of the transaction.
• By paying for the commission, the Client acknowledges that they are paying for "Digital Artwork" and, therefore, will not receive any physical goods. The Client will receive the digital files through their preferred method of communication (i.e. email, Discord, etc), and will NOT be shipped any physical goods.
• By paying for the commission, the Client acknowledges that they have authorized the transaction and, therefore, agree no chargeback will be issued for any reason.

REFUNDS AND CANCELLATIONS

• All commissions are non-refundable, unless we have not started sketching the commission.
• If any circumstances prevents us from completing your commission, we will inform you as soon as possible and discuss refunds for the commission.
• If the Client decides they want to cancel their commission, they are responsible to inform us within 48hrs of payment. In cases of cancellation, full refunds will be provided if we have not provided sketches of the commission. Partial refunds can be discussed if sketches have already been sent to the Client.

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COMMISSION PROCESS

• We will NOT draw: NSFW, heavy mecha, hate art
• Please allow us 1-2 weeks to finish your commission. DO NOT rush us, unless otherwise specified in the order.
• You are expected to fill out our commission order form after reading the entirety of our terms.
• We will review and respond to submissions on a first-come-first-served basis.
  • We will contact you through the preferred method of communication to accept/decline your request.
• For submissions we accept, we will contact you with a price quote for your order.
  • The commissioner must agree upon the quoted price before an invoice is sent.
• We will start on the sketch(es) for the commission once payment is cleared.
  • After the initial sketch(es) has been sent, prior to sketch approval, the commissioner is allowed to make changes/adjustments to the design(s). Revisions to the pose, expression, certain character details, and cropping are allowed. If we deem the revision to be excessive, the commissioner will be informed of any extra fees, which must be paid before those revisions are made. Declining any fees means the commissioner does not wish to go through with the revisions requested.
• Once the sketch(es) has/have been approved, we will begin lining and laying down base colors.
  • At this stage, you may request for WIPs (work-in-progress), as well as make minor revisions. These revisions are only for small changes to lineart/colors.
• Before we proceed with finalizing the coloring phase, we will send a JPEG of the commission with only lineart and base colors for the commissioner to look over.
  • The commissioner must give us approval to proceed before we begin finalizing the commission.
  • Once approved, no more changes are allowed. Any changes hereafter may incur additional fees.
• After we finish the artwork(s), we will send the file(s) with the appropriate resolution through the commissioner's preferred method of communication.
  • Regardless of the type of commission request, we will send a version of the commission without a watermark and another version with a watermark. The version with the watermark is to be used if posting online to a public space.
• We reserve the right to make changes to your request as we see fit unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements in the form.​

SCHEDULE & DEADLINES

• If there is a deadline for your commission you must let us know prior to payment. 
• We reserve the right to decline a commission if we deem that your deadline is unachievable. 
• No harassment over our work speed will be tolerated, regardless of the time that has passed.
• You reserve the right to be notified of any delays.

REVISIONS & FEEDBACK

• We are not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.
• The commissioner acknowledges that any requests for revisions after we start finalizing the commission may result in additional charges.
• You are not permitted to ask us to redraw majority of the WIP unless we did not follow your instructions at all. 
• The commissioner must respect that our artistic style cannot be altered.
• We reserve the right to reject critiques pertaining to artistic skill and stylization, and if the critique reduces the artistic quality of the piece.
• In the absence of feedback from the customer, any changes to the final piece will be subject to a fee.
• We will not redraw a completed commission unless payment is received for a second order.