The definition of a commission is an instructed duty given to a person or a group of people.
The following Terms and conditions are for the commission of original artwork or designs from Ditamontana. The following information must be read and accepted before signing the final commission contract, which is legally binding.
PAYMENT TERMS - payments must be made in the signing of the Commission Agreement prior to the Start of Work. In the event that payment is made in installments (i.e. 50% up-front), ownership of the Commission will only pass from the Artist to the Client on receipt of payment in full. The Commission will not be sent to Purchaser until the agreed payment amount has been received. Payment method is determined as written in the Commission Agreement prior to the Start of Work (i.e. bank account transfer, PayPal). The Artist will confirm payment once drafts have been seen and agreed upon by the Client; any further work on the Commission will be with-held until this agreement is made and payment received.
ADDRESS CHANGE: The Client is responsible for insuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.
The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain reasoning for decline out of courtesy).
The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.
COPYWRITE & REPRODUCTION: By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a "Transfer of Copyright Agreement" as defined in the Client Documents. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [traditional art] Commission, or as it applies to new Terms of Service agreed upon in a "Transfer of Copyright Agreement." 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 prior to Start of Work. Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.
COMMISSION DESCRIPTION: The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work. Commission pricing details can be viewed here; all prices are as a guide only and may not represent the final price of a particular Commission.
DAMAGES, THEFT AND MISPLACEMENT:
The Artist is not responsible for any damages made to the Commission [traditional or digital print] except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the Commission. The Artist will ensure packaging of the [traditional or digitally printed] Commission is safe and secure, and will provide postage and tracking details to the Client once the Commission has been posted. The Client accepts all possible risks once the Commission Agreement has been signed and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the Commission, and must provide evidence of said damages. If the Commission has been damaged but the Client wants to retain ownership, the Artist will refund 50% of the full amount back to the Client or as negotiated. If the Commission is stolen, lost, or perished during transit, the Artist will refund 50% of the full amount back to the Client or as negotiated [traditional and digital print]. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded.
DEADLINES: The Artist will NOT take on Commissions that have a) strict or short deadlines; and b) if the Client is not flexible on deadlines. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work. The Artist, to the best of their ability, can give a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work. The Artist will inform the Client regularly or progress (including photos) or if changes to completion times have occurred. The Artist is not obliged to explain reasoning behind extensions or delays for the completion of a Commission, but will often do so out of courtesy.
REFUNDS: If the Client is unsatisfied with the Commission for an appropriate reason, they must contact the Artist within seven (7) days of receiving the final Commission. Disliking the Commission or change of mind are not considered for a refund; this is minimalised by providing drafts and progress photos throughout the Commission process. The Client must state if they want a full refund or an alternative replacement. The Client will have thirty (30) days to send the [traditional] Commission and seven  days to send the [digital] Commission back to the Artist, otherwise a refund will not be made. The Client must return the Commission in original packaging with all documents, including the Commission Agreement and invoice; digital formats of the Commission must be destroyed by the Client. Postage/shipping costs and expenses will be paid by the Client. The refund will be paid back in full to the Client at the discretion of the Artist once the Commission has been received and in the described condition
PREVIEW REQUESTS: The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work or approval of the draft, unless agreed upon in the Commission Agreement prior to Start of Work.
AUTHENTICITY: Upon request, the Artist will furnish the Client [and their successors] a written history and provenance of the Commission, based upon the Artist’s best information as to shows. A Certificate of Authenticity (signed and dated by the Artist) is provided with each original artwork, limited edition print or digital copy.