Terms of Service (TOS)
Please read these terms carefully:
By purchasing a commission from me, William A. Irving II (Irving Comics Inc.), you agree to be purchasing my services only. If you have a problem with any of the below conditions, then DO NOT submit the form above.
1. GENERAL TERMS
All drawings will include a subtle signature or logo that you may NOT remove.
I reserve the right to record the drawing process and post it on my social media including: TikTok, Youtube, Instagram, etc.
I reserve the right to cancel and refund the order at any time for any reason.
Prices are subject to change based on demand and complexity of project.
I have the right to reject any order that I do not feel comfortable drawing for any reason.
Currency accepted is USD ($) and can be paid through PayPal.
Prices are non-negotiable, do not attempt to negotiate or counter-offer for prices of my services.
Commissions can be paid either 100% upfront or 50% of total upfront and 50% after the first sketch approval.
Do NOT send me any payment before I have agreed to give you a slot and requested you to send me the payment with an invoice at the email you provided.
Payments will not be differed or delayed until the end of the project. No money, no work.
Payments are a reservation for a slot in my schedule. If you do not pay, I will not reserve your spot or begin your project until payments are received.
3. PROCESS AND DELIVERY
I will notify you at the email provided when I have started on your commission and you, therefore, lose the rights to a refund (see Section 7 further below for more info on refunds)
While I'm working on your commission I will send you regular work-in-progress reports or reviews to the email provided to make sure I make it just right for you!
The amount of reviews depends on the complexity of the work.
During the reviews, you will see work-in-progress and these images will usually be screenshots including a watermark and be lower quality than the final piece.
The time it takes to finish your commission will vary from 1 week to several months depending on factors such as health, the complexity of the commissioned piece, and/or available work days. An estimated timeframe will be available upon starting of the project.
If anything comes up that will slow the progress of the initially estimated delivery time I will let you know as soon as possible.
Once the piece is finished you will receive the full-resolution image. Note that there is no physical product. If you would like it printed or placed on a piece of merch, please include details in the request box above as that is an extra charge and will vary by product and quantity. I will provide a quote of the price for the print service before approval of the commission.
You get 3 rounds of changes on the commissioned piece for free which is an included service with all commissions.
A one time fee of $100 and an hourly rate will be charged if any revisions are requested after the 3 free revisions are used or after delivery of the final illustration.
If you wish for changes on something in the drawing you have previously approved, you will be charged a fee to change it. The amount of the extra charge depends on the change you want to make and will usually be based on an hourly wage.
If applicable, a provided reference may be required. If image is unclear, project will be subject to be declined or placed on hold.
Revision fees will be charged immediately upon completion of revision(s). If fee is not received, the project will be put on hold until payment is received or may be subject to termination if fee is not paid within 2 weeks.
5. COPYRIGHT / USAGE POLICY
I, William A. Irving II (Irving Comics Inc.), claim the rights to the produced drawing, not the buyer. Therefore I am allowed to use the copyrighted artwork to:
Use it in any capacity to promote myself with it everywhere
Publish books with it (artbooks, etc.)
Post and/or display it everywhere to my liking for portfolio use or promotional use (website, social media, etc.)
I retain all copyrights over the commissioned artwork.
I will NOT claim the intellectual property (IP) of the commissioned artwork.
I will NOT profit further from the commissioned artwork unless YOU, the commissioner, break any of the terms.
The buyer is allowed to:
Use the commissioned piece for personal or business use unless agreed to otherwise (you can upload it on all your social media profiles, forums, etc.)
Claim the character(s), design, and/or intellectual property (IP) as their own, (unless protected by other copyrights, i.e. an already established IP protected by copyright. For Example: Fan Art or Original Characters inspired by another IP), but cannot claim the artwork itself.
Use the artwork to promote themselves. You are not forced to give credit when you post it but it is greatly appreciated.
Use the artwork on their Youtube or other social channels and in monetized videos as long as the artwork itself is not the main subject for the earnings.
You may NOT make any profits from the commissioned piece (reselling, redistributing, uploading to POD-services, make prints, etc.)
You may NOT alter the commissioned artwork without consent from Irving Comics Inc. (William A. Irving II)
You MAY be allowed to sell the artwork as an NFT, if it is agreed to by both parties prior to beginning of commission. Please discuss this with me prior to paying for the artwork. If an NFT of the artwork is minted, a 25% commission is required to be included with the sale and any future sales of the artwork. Details could be discussed further if needed.
The following is considered copyright infringement:
Reproducing/using and/or selling the copyrighted artwork commercially or for-profit means without consent of the artist- i.e. making money off it in any way.
Including any printed or digital media and merchandise, NFT.
Claiming the artwork as your own
Removing my signature, logo, or watermark from the artwork
Altering the artwork without my consent
I, William A. Irving II (Irving Comics Inc.), reserve the full rights to the image and it's use/distribution/print/merchandising unless otherwise agreed upon prior to commission approval.
6. CUSTOMER SATISFACTION
I will do everything I can to make my customers happy!
If you have a problem with anything in regards to the commissioned piece please tell me right away before moving to the next phase so we can find a solution together.
7. REFUND / CANCELLATION POLICY
The buyer is not allowed a refund once I started working on the commission.
If for any reason I am unable to start your commission you will receive a full refund.
If you cancel your order
I started it, you can get a full refund.
If you are getting a refund, do not request a Paypal chargeback. I will transfer the money back to you myself.
If you request a Paypal chargeback at any point when you were not allowed to ask for a refund or approved for it, you will lose all before mentioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the chargeback and supply Paypal with our conversations in which we talk about the commission as evidence that I have completed work for you. Furthermore, you will be blacklisted for commissioning me again.
✔ WILL DO:
Human(oid), Creatures, Portraits, Fan Art, Original Characters, Concept Art, NSFW (To a certain extent.)
✘ WILL NOT DO:
Tattoo Designs, Logos, Realism, Physical or Traditional Drawings/Paintings, Fetishes, Hateful (Racist, Religious, or Political) Imagery, Imitation (of an Artwork, Art Style or Artist), Any political figures (foreign or domestic).
WHAT DO YOU GET?
Drafts/mockups that you must decide which one I should continue with (depending on the complexity of the commission there might be fewer or more drafts)
Sketch and/or final sketches that you must accept before I continue the work
Insight and involvement in color plan (depending on the complexity of the commissioned piece)
Full-resolution file of final drawing. Final file formats are usually PNG.
IMPORTANT: If the buyer breaks any of the points stated above they will lose all the beforementioned rights to the artwork commissioned by me, William A. Irving II (Irving Comics Inc.), and I will have the right to profit further from the commissioned artwork in any way I see fit. If you have a problem or disagree with any of these statements, DO NOT submit the above form.
A copy of these terms and conditions will be emailed to you upon receipt of payment.