Last Updated: March 04, 2025
1. Overview
This Terms of Service agreement (“Agreement”) governs the commissioning, creation, and commercial use of custom artwork (“Artwork”) provided by Ashe Von (“Artist”) to you (“Client”). By engaging the Artist’s services, the Client agrees to be bound by these terms.
2. Commission Process
- Request: The Client must provide a detailed description of the desired Artwork, including specifications, intended use, and deadlines.
- Approval: The Artist will provide a preliminary sketch or concept for approval. Major revisions may incur additional fees.
- Completion: Upon final approval, the Artist will deliver the Artwork in the agreed-upon format.
3. Ownership and Licensing
- Ownership: The Artist retains full copyright and ownership of the Artwork unless otherwise agreed in writing.
- Commercial License: The Client is granted a non-exclusive, perpetual license to use the Artwork for commercial purposes (e.g., marketing, merchandise, branding) as specified in the commission agreement. This license does not include resale of the Artwork as standalone prints or digital files unless explicitly stated.
- Attribution: The Client agrees to credit the Artist as “Von Candy” in public uses of the Artwork where feasible.
4. Payment
- Fees: The Client agrees to pay the quoted amount for the Artwork. A non-refundable deposit of 50% is required before work begins, with the balance due upon completion.
- Currency: All payments must be made in USD.
5. Usage Restrictions
- The Client may not modify, alter, or create derivative works from the Artwork without prior written consent from the Artist.
- The Artwork may not be used for illegal, offensive, or defamatory purposes.
- Transfer of the commercial license to a third party is prohibited without the Artist’s written approval.
6. Revisions and Refunds
- Revisions: Up to 3 minor revisions are included in the base price. Additional revisions may incur extra charges.
- Refunds: Deposits are non-refundable. Full refunds are not provided after final delivery unless the Artwork significantly deviates from the agreed specifications due to Artist error.
7. Deadlines and Delays
- The Artist will strive to meet agreed deadlines. Delays caused by the Client (e.g., late feedback) may extend delivery timelines without penalty to the Artist.
- Force majeure events (e.g., natural disasters, illness) may delay delivery, and the Artist will notify the Client promptly.
8. Confidentiality
- The Artist will not disclose Client-provided information (e.g., business plans, branding details) to third parties without consent, except as required by law.
9. Termination
- Either party may terminate the commission before completion. If the Client terminates, the deposit is forfeited. If the Artist terminates due to Client misconduct (e.g., non-payment, harassment), no refunds will apply.
10. Liability
- The Artist is not liable for any damages, losses, or legal issues arising from the Client’s use of the Artwork.
- The Client assumes full responsibility for ensuring the Artwork complies with applicable laws (e.g., trademark, copyright).
11. Amendments
- The Artist reserves the right to update these terms at any time. Clients will be notified of changes for ongoing or future commissions.
12. Contact
- For questions or concerns, contact the Artist at ashe@ashevon.com.
By commissioning the Artwork, the Client acknowledges that they have read, understood, and agreed to these Terms of Service.