have-notebook-will-travel - Tumblr blog

have-notebook-will-travel · 8 years ago

Text

Managed to pay rent by doing writing commissions, figured I’d try to set up a proper paypal and commission guidelines to streamline the whole process. Can anyone with any experience in it look these over and tell me if they’ll work out?

Terms and Conditions of Writing Commissions, JDGMNT Arts, Version 1.1

Definitions

Artist: The individual producing the Commission. May also be referred to in documentation as 'Author', Writer', 'tsinistar', 'JDGMNT', 'Snug Lyfe', or 'Ya boy, Big T'.

Client: The individual purchasing the Commission.Commission: The prose, poetry, or any other form of writing commissioned by the client. May be referred to as 'Art[work]', 'Project', or 'Story'.

Commission Agreement: The discussion, taking place in e-mail or other electronic correspondence and saved in text files whenever available for future reference. Original emails will be kept for up to one year (only exceeding this in special cases) for use of reference in working on the Commission or, on bad days, legal action. These are the documents in which the Artist and Client agree to the subject matter, the Commission price, the point in time in which the Artist is expected to begin work on the Commission, the Commission's expected delivery/deadline, and whether or not the Commission can be immediately displayed in the Artist’s portfolio. The text files containing the Commission Agreement will remain on record with the discussion for at least one year, possibly longer if needed. For a nice legal mumbo-jumbo feel, finalized Commission Agreements will typically end with

“This document contains the final, complete, and exclusive agreement of the Artist and Client concerning the subject matter within and supersedes all previous communication between the Artist and the Client conerning the same. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed the by Artist.”

Terms

1. The Artist has the right to refuse any Commission request. Reasons will probably be given, but are not required.

1a. The following is a list of reasons a Commission may not be accepted:

The Client or Commission violates these Terms of Service The Client is under 18 years of age The Commission depicts something the Artist does not want to depict The Client is someone the Artist thinks is a right douche

2. The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to a Client's poor communication, dickish behavior, failure to effectively communicate in the English language, the Client not responding to any communication for over a week (Seven days), or a breach of these Terms of Service. In these cases, the Client will be refunded 25% of what they have paid up to that point as swiftly as possible.

3. The Artist will not create any writing promoting politicial idealogies, religious beliefs, racist, homophobic, or otherwise prejudiced (i.e. discriminating based on gender, nationality, ethnic phenotype, sexuality, living conditions, health, or other differing conditions between persons) beliefs.

3a. The Artist will not create any writing containing the information of living persons or describing their activities (i.e. Including a real person's address or a story about Nicki Minaj being seduced by a furry). Not only because this is typically illegal, but also because it zigzags between boring the Artist and weirding the Artist the fuck out. Seriously, which one of you weird fucks wanted the story about Nicki Minaj? You made an ass out of yourself throwing a fit when I said no. 3b. Writing may contain references to these things, or characters who espouse them. (i.e. a character in the story may mention that they are part of a certain religion, or a character in the story may be a racist.) The writing and the Artist do not actually support the mentioned beliefs, and the characters who do can be assumed to be pricks who love it up the butt. Yes, even the cute little baker who just mentioned that they're a certain political party. Baking doesn't belong in politics, Stan, keep your cinnamon rolls out of the Senate.

4. The Artist will not reproduce a copyrighted work without consent of its copyright owner, and as it pertains to United States Copyright Law ( http://copyright.gov/title17/ ). Copyrighted characters may occasionally be used, or mockeries of copyrighted works produced (in the vein of Pride, Prejudice, and Zombies vs Pride and Prejudice). These will be assumed to be parodies, and defended as such under law.

5. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains rights to post the work to their own online profiles or websites to promote their work, write sequels or continuations to the work, or use characters made for the work in other works. Original characters or settings invented by the Client do not fall under this.

5a. The Client may post their Commission to their online profiles or websites, but only with proper attribution to the Artist visible within the same space and only after asking the Artist for permission. The Artist may request that any of these posts be taken down at any time. 5b. The Artist retains rights to characters and settings invented for the Commission. Sometimes they get attached to the little make believe people.

6. The Client must specify the desired content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional fees, to be defined and agreed upon in the Commission Agreement before work on the Commission begins.

7. If the Commission is time-sensitive or desired at earlier than the projected date, a rush fee may be applied, which will be chosen and agreed on in the Commission Agreement before work on the Commission begins.

8. If the Commission is defined as confidential/private in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.

9. The Client may not distribute, reproduce, or otherwise profit from the Commission, though it may be used in pages used to promote a work with proper attribution, i.e. a story written for a specific setting being posted on a website about that setting. Commissions meant to be used for profit may be requested in the form of a Commercial Commission.

9a. The client may not edit, alter, or trace the Commission without the Artist’s expressed, written permission, or as agreed upon in the Commission Agreement. 9b. The Client may never submit a Commission to any kind of online or offline contest. In the same vein, the Artist will not submit a preexisting Commission to a contest.

10. Work on the Commission will not begin until the Commission Agreement has been finalized.

11. Commissions will delivered to the Client via email or an online download available in .txt and .rtf format.

12. The Artist is not responsible for printing [creating a hard copy of] a Commission.

13. If the Commission is for Commercial Purpose, the Artist must be notified before the Commission Agreement is ginalized. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service must be written and agreed upon in a Commercial Purpose Commission Agreement.

14. The Client may request a preview of the Commission at any time during the creation process. If extensive changes are repeatedly requested, fees may be added to the final cost.

14a. During the work on the project, the Artist will send to the Client a general outline of the project, followed by a rough draft. At these points, the Client is expected to express any concerns or request changes. The Client is expected to respond within 24 hours to these notices, if that grace period passes without response, work will resume without changes.

15. 50% of the fee will be paid when the Commission Agreement is finalized, with the final %50 and any fees added during the work process paid within a week of delivery. Works under 30 US dollars in price will be paid for in full before work begins.

16. The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down request will be issued in such cases and Term 18 will be applied as necessary.

17. If a Commission is canceled after work begins, the Client will only receive a 50% refund.

17a. No refunds are available for works with a final price under 15 US dollars.

18. The Artist has the right to pursue damages under United States Copyright Law ( http://copyright.gov/title17/ ), should there exist a violation in addition to a breach of these Terms of Service.

18a. The Artist reserves the right to throw a fit and call you an absolute cockmongling prick if it comes to this, as legal action is a right bitch to manage. 18b. If any issue with the Commission leads to legal discourse, no refunds will be available.

Required Client Information

Email Address: The Client is encouraged to contact the Artist via email ([email protected]) to request a Commission.

Other Forms of Communication: The Client may request a different form of communication (Skype, Steam, F-list, Tumblr messages) to discuss a project before signing a Commission Agreement, by initially using email. The Artist must have the Client’s email address when entering into a Commission Agreement. The Artist may say 'nuts to that we're sticking with e-mail'.

Specifications for Commission: Please refer to Term 3, Term 4, Term 6, Term 7, Term 8, and Term 9 for guidance.

None of the Client's information will be given out except when required by US Law. The Artist really hopes none of this somehow ends up involved with US Law. They can't even imagine how the heck that would happen.

Payment Guidelines

Payment: The Artist requires 50% of the agreed final payment before work begins, and the last 50% and any additional fees to be paid within a week of delivery of the Commission. All works with a final cost under 30 US dollars must be paid for in full before work begins.

Currency: All prices are in U.S. dollars (USD), and payments are expected to be made in the same. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit XE.com for accurate currency conversions. Method: Payment will be delivered through paypal, to the address [email protected] Cancellation: Please refer to Terms 2, 17, 17a, and 18b for refund policy.

#writing #art #commissions #legal #help #oh god what am I doing

0 notes