Legal

LICENSING

This section applies exclusively to design-based commissions/projects.

Reproduction of my work without seeking prior permission is strictly prohibited.

What can I (customer) purchase licensing for?

Anything that you are wanting to make reproductions of. For example: If you commission an illustration which you later decide you want to make a product of (prints, stickers, buttons, ect) you will need to purchase licensing rights from me! This includes a fee and a small percentage of royalties (5% in most cases) payable to me for every product you sell that contains my work. 

Terms of Service

TERMS OF SERVICE AGREEMENT

TERMS OF SERVICE AGREEMENT

 

All commissions must adhere to the following terms:

 

  1. Payment must be made in full, within thirty (30) days once an invoice is received and no work will be started until payment has been received. Should this period expire and a new invoice is requested, a $5 fee applies.

  2. Work must not be used for-profit, additional licensing rights can be purchased from Nethartic (please send an email about this). Profile photos are fine. You may re-post to your own account as long as ‘Nethartic’ is tagged/mentioned. You must seek permission to use any work (both commissioned and not) in YouTube content. Licensing may be purchased on request on the commissioner ONLY.

  3. Prices are non-negotiable.

  4. Commissioned work is non-refundable, any major changes to a piece will require an additional fee. Small changes are allowed if they are the fault of the artist (inaccurate colouring, uncoloured areas, messy colouring ect).  Sketch will be sent to the commissioner before lineart is commenced, and colours provided as reference are assumed correct. Colours not on reference sheets/hex value will be assumed and 1 change to the colours is allowed. If a refund requested, the amount equal to work not completed will be returned.

  5. The Nethartic signature must not be removed from the commissioned image under any circumstance. This helps the artist be identified, and is important to branding content.

  6. By paying the invoice, the commissioner automatically signs and acknowledges the above terms and fully understands their standing within them. The commissioner is liable for any/all misunderstandings of these terms.

  7. Repeat customer discount of 10% applies every additional time they request a commission. This may not be applied to items such as prints and other physical goods. The 10% return customer discount may also not be applied when commissions are advertised for a discount greater than 20%

  8. Payment of an invoice is treated the same as a signature – i.e the client agrees to all terms and accepts their legal standing within the commission. Any breaches of contract on both the client and artist side will be treated accordingly.

  9. Please reply to the sketch approval message by 2pm the day that it is sent. Replying later than this (eg: 5:30pm) will push the completion date back by 1 business day. This applies to every subsequent day that I do not hear from you, and I will contact you 1 week from the time that I send the sketch approval message to check in with you.

  10. If you have paid, and then not provided additional information, I am unable to set a completion date for your commission, and your start date will be the first business day after getting sufficient information regarding your commission. I will contact you 1 week after the last un-replied message.

  11. When commissioning NSFW pieces, the commissioner agrees that both the commissioner and the character(s) depicted are over the age of 18. If I feel that you are under the age of 18, I will ask for a picture of a licence/proof of age document. Name and DOB are all that are needed, address and other information may be cropped out. This information will be checked against the PayPal invoice. If you order a NSFW piece and I find out that you are a minor, your commission will be immediately terminated and refunded for work not completed. It doesn’t matter if you’re 18 next week – come back when you’re legally old enough to commission NSFW.

  12. If you are under the age of 18, I require a contact of your parent/guardian so I can make sure that you are not stealing their money. Minors are not legally allowed to sign contracts (agreeing to TOS), so I will need your parent/guardian to purchase on your behalf.

  13. All characters you commission MUST be your own, or be a gift for someone else. If I find out that you do not own a character that you claim to, you will be blacklisted without warning. If the work has not been completed, you will be refunded.

 

 

Turnaround times:

Depending on how many people are in the queue, as well as my personal schedule, commissions may take anywhere from one day to three weeks. During periods where I have a heavy workload due to university, commissions may take over 3 weeks to complete. An email will be sent regarding delays in commissions if this is the case. You will be notified of when your commission will be started, as well as the expected finish date. I currently work in a ‘slot’ system. There are generally 5 commission slots per week – however, this may be reduced to account for larger commissions. Your work will be started on a Monday and finished on a Friday unless specified otherwise.

 

Rush jobs:

If you want your commission now, there are extra costs associated with it. I have two plans available to choose from when handling rush jobs…

Priority (24 hour turnaround): 200% of commission price

Express (7 day turnaround): 150% of commission price

 

 YCH:

All YCH sales are final. Payment must be made in full within 24 hours of winning bid, failure to do so will result in the auction re-opening and continuing from where it left off. All terms from the above terms of service apply to YCH sales, with the exception of the 30-day payment window: in which the 24 hour window applies.

 

Privacy Policy

I understand the frustration of signing up to something and then getting countless phone calls and emails for totally random services or scams. For this reason, as well as just generally not being rude, I will never deliberately give out, sell, rent or trade email lists with another business or company for marketing purposes. This Privacy Policy provides details on when, why, and how I collect personal data, as well as the conditions it may be disclosed to someone else, and how it’s kept secure.

Types of data I collect
Website cookies

I use cookies to track and understand browsing habits. I like to know things like when the best times to post content are, how long people view my content for, how many people are viewing my content, where these people are coming from, and other fun data points like that. It has never been, nor will ever be, my intent to manipulate or abuse this data. I do not collect personal information through cookies.

Google analytics

I use Google Analytics to track my engagement. Similar to cookies, Google collects bits of data from your web browser; such as country, time spent on the site, time of day, ect. Google does not give me any personal information from these data points. Really, this section and the cookies section say the same thing, but needed to be separated anyway. I do not make (or allow Google to make) any attempt to find out the identity of people who view my content.

Paid services

When you commission me or purchase merchandise from my Etsy store, I store your name, address data, email and any other contact information in a few different places. These places are PayPal, Square, Gmail (invoices, Etsy shipping information) and Google Sheets. Both Gmail and Google Sheets are part of the Google Cloud, and are protected by their native encryption system. You may purchase a commission or item of merchandise from me directly at a convention or any other organised event, without your address data being stored – however, I will generally need a name and email. Please be assured that I do not share any of your personal details with anyone else without your consent.

Third parties

The only time I will ever share any data without express consent is if required by the Australian Taxation Office (ATO). Even if data is shared with the ATO, it is not shared anywhere else, and may only be used to verify payment records and income data associated with my business. I am also required to give details such as name and address to postal services, including, but not limited to Australia Post when sending packages and merchandise.

Access to your personal information

You are entitled to view, amend, or delete the personal information that I hold. Please email me at Nethartic@gmail.com to discuss this further. I endeavour to answer any questions or change/delete any details that you feel necessary.