terms of service

commissions OPEN

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commissions OPEN ⬢

If you commission me, then these terms of service apply to you. Please take the time to review them so that we can stay on the same, professional page.

Please review the information below carefully. By commissioning me, you are agreeing to these terms.

Commission

If you are interested in commissioning piece from me, please send me an e-mail inquiry at pamkimball.art@gmail.com . I will respond as promptly as possible.
Please do not attempt to commission me through social media messages, comments, or notes; if I catch it, I might refer you to this page, but I cannot guarantee a response through those means.
If you have any deadline expectations, discuss them with me before payment. I ensure that work is done in a reasonable and timely manner.
In the event that commissions are closed, there’s no harm done by reaching out to me via e-mail with any inquiries.
Prices shown in my social media Pricing Pages no longer properly reflect my current pricing structure, nor do they reflect my commercial or contracting freelance work. To discuss hiring me for business related freelance illustrations, custom greeting card, or book designs, please contact me at happilyhummingbee@gmail.com .

Terms of Service

I. Terms & Conditions for Custom Commission (Logo Design)

I.1 Concepts: Within 7 business days of receiving your (CLIENT) deposit, Pam Kimball of Happily Hummingbee (ARTIST) will create up to three different compositional thumbnails for your commission. Compositional thumbnail designs will be submitted for CLIENT review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these compositions, ARTIST will make any needed changes to CLIENT’s favorite of the three compositional thumbnail designs until CLIENT is completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at ARTIST’s current design hourly rate.

I.1 File Delivery: After the final compositional thumbnail design for the commission is approved, the finished digital illustration will be delivered to CLIENT as a digital file(s) (.jpg, .png, .pdf, and .stl file formats as applicable). ARTIST can also provide the program file(s) ( .kra, .psd, ect.) if so desired and requested by the CLIENT.

I.2 Final Services: If the commission is for traditionally painted or printed works, ARTIST will mail the commission through an approved shipping service. This service costs ARTIST's current service labor hourly rate in addition to the cost of material consumed while printing. CLIENT may supply approved materials for printing.

I.3 Ownership: The CLIENT has ownership of the final illustration for use in any media application that is beneficial to their personal business. ARTIST retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The CLIENT also gives ARTIST permission to use CLIENT’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media.

I.4 Payment: In return for commission, the CLIENT agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final composition design is approved but before the finished commission is delivered. The CLIENT understands that the final commission belongs to ARTIST until paid in full. In the event of termination of this Agreement, ARTIST owns the created art and has the right to complete, exhibit, and/or sell the commission as they see fit. Furthermore, ARTIST owns all the commission concepts created before the final logo design. The CLIENT understands that once the final invoice is paid in full, the CLIENT has the right to use the logo design in all media useful for personal or business promotion and that ARTIST reserves the right to display the logo for business promotional use.

I.5 Additional Fees: The ARTIST reserves the right to apply a rush fee to the commission in regards to unreasonable deadlines imposed by the CLIENT.

I.5 Originality: ARTIST affirms that the commission’s design is original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.

I.6 Delays: Illness, injury, or other events beyond ARTIST’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

I.7 Termination: The CLIENT has the right to terminate this Agreement if ARTIST fails to complete the commission within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, ARTIST shall retain the deposit. The ARTIST reserves the right to cancel a commission due to poor communication, rude or inappropriate behavior, and/or inability to effectively communicate with CLIENT. The ARTIST reserves the right to turn down work or terminate commissions with deadlines that they cannot reasonably accommodate.

I.8 Performance Liability: ARTIST does not warrant that the functions supplied by the commission(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the commission is with CLIENT. In no event will ARTIST be liable to the CLIENT or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of commission logo, even if ARTIST has been advised of the possibility of such damages.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

The Process

  1. If you are interested in commissioning me for a casual commission, please send me an e-mail with a thorough and detailed description of what you want, along with any references. Unless otherwise noted, default character commissions will always be sized 4 in. x 6 in. (or 6 in. x 4 in.) by default. If you would like a uniquely sized commission, select the unique option and we can work out the details through e-mail. Please note this may affect the price of the commission.

  2. If I have an issue with the request, I will inform you and give you the opportunity to change the commission before sending an invoice or cancelling the commission.

  3. Once an agreement is made, I will put you in a commission slot as “queued”.

  4. An invoice will be sent to your e-mail outlining the commission. Payment should be made now. Time until the commission is started depends on what number you are in queue.

  5. When a commission is started, the commission slot will be updated to “filled”.

  6. Depending on what level of involvement you'd like to have with the commission will determine how the next stages progress, and how quickly the commission will be finished. Commissioner input can vary the length of time it takes to finish the commission because it relies on how often the client and artist communicate. No matter what level of involvement you'd like to have with the commission, I will always begin by making three thumbnails to be previewed to you through our established e-mail contact.

  7. You will then choose a preferred thumbnail, and I will move onto the rough sketch stage.

  8. If you give me free reign, you’ll inform me of what you want in the commission form, leaving the composition and color choices up to me based on what requests have been outlined. This doesn't mean zero communication, just that it might seem a better decision if you really don’t know what you want the final commission to look like.

  9. If you'd like a hand in the design process, you'll have a say in what composition - out of the thumbnails provided - you’d like to pursue, and will be able to voice your opinions on adjustments at certain stages in the concept. After that, you don’t want any further updates until the commission is finished.

  10. If you'd prefer walking updates, it means that you'd be involved in every developmental stage. This is a good option for someone who knows what they want and would like to lead the direction of the commission. I’ll e-mail updates of each stage as I reach them, and you can rest easy about how the commission is looking.

  11. Alterations can be requested during both the previewing of the thumbnails and the rough sketch. Changes shall be relatively small, and not require the whole commission to be redone. After alterations are set with the rough sketch, I will move onto finishing the piece through refinement, linear (if applicable), and color (if applicable). Periodic input might be needed during the color stage (if applicable), to insure colors are accurate. Further previews will be made available to you upon your request.

  12. When the commission is completed, you the final product will be transferred to you as a 400 dpi, full size, digital image in a file format outlined in the TOS through your choice of e-mail as a compressed file, Google Drive, or DropBox. The full resolution image will be uploaded to my social media where the high-res file will be available for download - if possible - unless requested otherwise by you.