Terms Of Services
By buying a commission from Jaybird__14, no matter if they have read the Terms of Services or not, the commissioner accepts to be submitted to the artist’s terms.The artist must offer services in both French and English depending on what language the commissioner prefers, as is required by law¹.The artist retains the right to refuse any commissions for any reason.The artist retains the right to blacklist any person for any reason.The artist retains the right to terminate and refund any commission at any time if the commissionner does not provide one of the following: 1) Understandable reference images; 2) A way in which the commissionner can receive the finished commission; 3) A reasonable request the artist can fulfill.The commissioner is required to pay the full amount of the commission to the artist before the commission starts. The artist will only accept payments through the website used by the commissioner to commission them. No alternatives will be accepted. The commissioner may ask for a full refund if the commission is not delivered at a reasonable time, as is required by law².*The artist cannot charge sales taxes since they are not asked by the government to gather them. This may change in the future if the artist reaches a certain profit margin³, and this change can only be applied to commissions bought after the terms of service changes.The artist is not bound to finish the commission by a certain time. If provided with a way to contact the commissioner, they will be given an approximated timeline. The commissioner may ask for a refund before the commission is started. If a sketch is included in the commission, the commissioner may ask for a partial refund (75%) after the sketch is delivered. The commissioner cannot ask for a refund once the commission is delivered, no matter the reason. The commissioner may ask for a full refund if the commission is not delivered at a reasonable time, as is required by law⁴.*The artist retains the right to use creative freedom if the commissioner does not provide clear instructions. If revisions are included in the commission, the commissioner may have one (1) more sketch revision if they can provide clear instructions. The additional revision does not apply to other steps in the commission. The additional revision also applies to the colors of a sketch.The final work can be delivered in any of the following files: JPEG, PNG and PDF. If the commissioner does not request a specific file type, the artist retains the freedom to choose the file type in which they will deliver the commission. The commissioner may ask once (1) for a change of file type.The artist retains full Copyright of all commission pieces. The artist has the right to use the commissions commercially and elsewhere. The commissioner’s usage rights are as follows: personal use or commercial license.
Personal use: Non-commercial use. The commissioner has the right to post, edit, and use the commission on objects for personal use. The commissioner cannot use the commission for money making purposes.
Commercial license: Commercial use. The commissioner has to pay an additional 200% fee** to have access to the commercial license on a commission. The artist retains Copyright and Commercial rights on the commission. The commissioner may use the commission for money making purposes.The commissioner cannot, under any circumstance, use the commission for NFT or AI, for either personal use or commercial purposes. All commissions are poisoned against AI.These terms of services are bound by the laws of the artist’s territory. The commissioner cannot use the laws of any other countries against these terms of services. For more information on the laws the artist is bound to obey, see the Quebec provincial customer protection laws⁵.Contact me: [email protected]✉︎*The reasonable time variable depends on the commission and may be debated in a court of law. Anything under 3 months is considered reasonable time⁴.
**Exemple of the 200% fee: a 5$ commission would gain an additional 200% fee, 10$, thus making it 15$.¹| Refer to the Quebec province Charter of the French Language for more information : https://www.legisquebec.gouv.qc.ca/fr/document/lc/c-11?langCont=en
²| Refer to the Quebec province online sales law for more information : https://www.opc.gouv.qc.ca/en/commercant/pratique-commerce/contrats-distance/paiement
³| Refer to the Canadian federal tax laws and the Quebec province tax laws for more information : https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/2-2/small-suppliers.html & https://www.revenuquebec.ca/en/citizens/consumption-taxes/taxable-zero-rated-or-tax-exempt-goods-and-services/gst-and-qst/other-situations/details-concerning-small-suppliers/
⁴| Refer to the Quebec province customer protection laws for more information : https://www.legisquebec.gouv.qc.ca/fr/document/lc/p-40.1?langCont=en
⁵| Refer to the Quebec province customer protection and online contract laws : https://www.legisquebec.gouv.qc.ca/fr/document/lc/p-40.1?langCont=en & https://www.opc.gouv.qc.ca/en/commercant/pratique-commerce/contrats-distance