Terms of Service – 21nd Oct 2023 Personal Use Only Commissions
This Terms of Service (TOS) is effective 21nd Oct 2023 and supersedes all existing TOS agreements. All work invoiced from 21nd Oct 2022 onwards will be under this agreement, the commissioner has access to this agreement at any time and is informed on their invoice about it. All work commissioned and invoiced prior to 21nd Oct 2022 will still retain the TOS mentioned on their invoice.
Definitions
The term “TOS” refers to Terms of Service.
The terms “I”, “me”, “the artist” refers to, KatrinaPerry. The artist is also known as ArtyMadCow, kacoomer@outlook.com, LittleMooMoo telegram, LittleMoo Furaffinty artymadcow@outlook.com,
The terms “commissioner” and “you” refers to the individual or organisation that is paying for services from the artist.
The term “commission” refers to the piece of work that is being undertaken by the artist and is invoiced for. Work will not be undertaken without an invoice.
The term “ArtyMadCow”, refers to the domain names for the social media sites:
http://www.artymadcow.com/
https://bsky.app/profile/artymadcow.bsky.social
https://www.facebook.com/ArtyMadCow/
https://twitter.com/artymadcow
http://www.furaffinity.net/user/littlemoo/
http://artymadcow.deviantart.com
Telegram LittleMoomoo (Mia)
It should be noted that this website host Weebly is not owned by the artist, nor does the artist act as a part of the management for the site. The site is used as a means to provide connectivity between the artist and the commissioner.
The term “Note, Message,Tweet,Email” refers to a feature of the social media sites and email addresses terms for sending messages between users.
The term “PayPal ” refers to the company that the artist uses to handle online payments, this company is available at https://www.paypal.com/uk/home
The term “Halifax Bank” refers to the company that the artist uses to handle online payments, this company is available at https://www.halifax.co.uk
The term “Sumup” refers to the company that the artist uses to handle online/ in person payments, this company is available at https://www.sumup.com/en-gb/
Commission Information
Pricing
Prices are liable to change, however any work invoiced for will retain the originally defined price in the invoice. All prices can be found on a Commission Information which can be found at https://www.artymadcow.com/ well as in other locations such as my gallery, blogs or social media sites stated above.
In all locations it will contain the basic commission information costs. Note, the price list is a minimum price guide and is not the final cost. The cost of each commission will be detailed to the commissioner and will be displayed on the invoice that you will receive. The price in the invoice is final and is not open for negotiation.
Expressing Interest
To express an interest in purchasing a commission a Note/ Email/ comment should be sent to the artist. Please note, communication made through other means including but not limited to email. The commissioner should be aware that any communication between the commissioner and the artist may be saved in a location other than the way it was originally communicated. This includes but is not limited to, the electronic device that the artist uses to communicate with commissioners, online storage systems , online document systems, printouts of the information and any other medium for accessing/ viewing the communication.
The artist also takes work through conventions in person and takes written notes that will be written up on a note on a computer/ IPad, the communication will be carried on through email or telegram online if the commission wasn’t picked up at the event.
Being Accepted As A Commissioner
The artist reserves the right to chose who/ what to work with and If the artist does not wish to work with the commissioner, the artist is not required to inform the commissioner as to why their commission request has not been accepted.
Artwork/ costume References
Unless explicitly stated by the artist in writing, a form of reference will be required before undertaking any commission. The artist will not be required to research the commissioner’s requirements in advance and may decline working with the commissioner if there is not enough references to be able to undertake the commission. The references can be provided in one of two forms, either a “reference sheet” or a “text reference”; requirements for both of these forms are listed below in sections A and B below.
Reference Sheet preferred
If providing a reference sheet, a link or file must be provided to the artist where the sheet can be easily accessed.
Text References will cost extra
The artist understands that not all commissioners may have access to a reference sheet,to enable these commissioners to commission the artist a text reference may be provided.
If a text reference is used the commissioner may be requested to provide public domain images of the related objects/animals/clothing/style/colours/hair -type that are requested.
The artist will not copy any examples and retains the right to reject the commission request if the artist feels that the references are not in the public domain or that the work will be similar to copyrighted materials. In the event that the character(s) are highly detailed, the commissioner may be subject to additional charges, but this will be listed on the invoice openly.
Invoicing, Payment, Processing
All commissions will be invoiced through email with this TOS . The commissioner will be required to pay for the commission through the their bank with the details in the invoice issued to them for the specific commission; no other payment methods will be accepted.
Payment and reject the commission. The artist will not be responsible for any costs that the commissioner incurs through this.
Payment must be made in full; the artist will not accept payment in more than one transaction. Work will not begin on a commission until payment has been received in full. If the commissioner is unable to make payment within 24 hours the artist will cancel the invoice and will reject the commission; unless agreed in writing before the invoice is issued.
All invoices will be issued in GBP (Great British Pound), the currency of the United Kingdom. All payments must be made in GBP. If the commissioner uses another currency, it is the requirement of the commissioner to convert their currency into GBP for the transaction.
A legally binding contract will be formed once an invoices depoist has been paid by the commissioner. This will have all applicable UK laws applied to it. The artist resides inside the United Kingdom; as such the laws of the UK are applied to all contracts.
These laws include the Distance Selling Regulations (DSR) that applies to products not sold directly in person. This regulation enables the commissioner to cancel within 7 working days of making the payment, or until the time that work commences on the commission. Any cancellation requests must through email or note. If the time between payment and start of work by the artist on the commission is greater than 7 working days, it is the discretion of the artist on whether to issue a refund. Once work has begun on the commission a refund will not be issued. With all refunds, the artist is required by law to issue a refund within 30 days; however the artist will attempt to make any refunds as soon as possible.
I may decline to take your order if
The artist reserves the right to chose what to accept, if the artist does not wish to accept a commission with specific content there will be no requirement on the artist to provide reason as to why.
Working on the Commission
Commissions are due to be completed within 6 months of purchase unless stated and agreed on before hand with the commissioner and may take longer.
The commissioner should be aware that the artist may broadcast the work on the commission online through a streaming serves.
Order of work taken
All the work progress will be listed on trello (https://trello.com/b/dGllb3Lq/artymadcow-and-funny-farm-makers) in order the commissioners have paid and will be completed mainly in first paid first to be finished, The Artist though reserves the right to work on other commissioners if needed.
Artistic Freedom
The artist retains the artistic freedom rights to a commission and it is the responsibility of the commissioner to be aware of the general art/ costume style that the artist creates. Once a commission has been completed there will be no requirement on the artist to make any changes of any sort unless it was a mistake on there part.
The commissioner is able to make requests to the artist for changes; however any changes accepted will be at the discretion of the artist. There will be no requirement on the artist to accept any changes and may charge if it wasn’t stated in the original request,
With this artistic freedom the artist cannot guarantee that the commission will match the commissioner’s colours exactly; this maybe liable to change if the artist deems that another shade would create a better effect or if there are shadows/shading or lighting used in the picture as these will cause the colours to change.
Commission Usage
All commissions are for personal use only unless explicitly agreed before invoicing; in the event that a commission will be used in a commercial situation this will be listed in the invoice.
If any commissioned artwork is identified as being used commercially without the prior written consent of the artist, the seller and the original commissioner will be liable for prosecution in line with the laws of the United Kingdom.
The artist retains the copyright on the overall image/costume; however the commissioner retains the copyright on their characters. The artist will ensure that the commissioner’s details are listed with the image when it is made available to others online. The artist requires the commissioner to ensure that the artist’s details are listed with the image when it is displayed online.
As the artist retains copyright on the over all image/costume the artist may use the image in a commercial situation, including but not limited to, selling physical prints of the commission and wall scrolls. The artist will not be required to inform the commissioner of this commercial usage and will not be liable for royalty payments of any kind.
All commissions undertaken for commercial use or will have a different terms of service applicable to them; this will be detailed on the invoice.
This Privacy Policy
Describes how and when I collect, use, and share information when you purchase an commission from me, contact me, or otherwise use my services through Paypal , Google+, Twitter , Facebook and Outlook and its related sites and services.
Katrina Perry is based in England and has taking on commissions for art and costumes. She sells mainly to buyers in England, but offers her services for sale world-wide. Since 2013 Katrina’s business has started to take off, She uses Paypal/Word /outlook to host some of his buyers’ personal information.
The GDPR requires that Katrina provide certain information to her commissioners in his privacy policy,
Including;
The personal information she collects;
The legal bases she relies on to collect, use, and share personal information;
The third parties with whom she shares personal information;
The length of time she keeps personal information;
If She’stransferring personal information outside of England (for example, if she moves her business to the United States and continues to sell to buyers in Europe, or uses a third party provider located outside of Europe, or uses Paypal/ outlook to host some of her commissioners’ information), how the transfer will be handled;
her buyers’ rights regarding her use of their personal information; and
how her buyers can contact her with privacy-related requests.
To fulfil your order, you must provide me with certain information, such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide me with additional personal information (for a custom order of jewellery, for example), if you contact me directly.
I rely on a number of legal bases to collect, use, and share your information, including:
Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.
I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 4 years.
GDPR requires you to disclose if you transfer personal information outside of the EU and the legal bases you rely on to do so, such as consent and contractual necessity. Katrina uses PayPal which is Privacy Shield certified, so he should explain to his buyers that he relies on Privacy Shield as the legal basis for the transfer of his buyers’ personal information outside of the EU.
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:
For purposes of EU data protection law, I,Katrina Perry am the data controller of your personal information. If you have any questions or concerns, you may contact me at artymadcow@outlook.com. Alternately, you may mail me at: kacoomer@outlook.com
Katrina Perry WA74S 16 Hale view, Runcorn , England
This Terms of Service (TOS) is effective 21nd Oct 2023 and supersedes all existing TOS agreements. All work invoiced from 21nd Oct 2022 onwards will be under this agreement, the commissioner has access to this agreement at any time and is informed on their invoice about it. All work commissioned and invoiced prior to 21nd Oct 2022 will still retain the TOS mentioned on their invoice.
Definitions
The term “TOS” refers to Terms of Service.
The terms “I”, “me”, “the artist” refers to, KatrinaPerry. The artist is also known as ArtyMadCow, kacoomer@outlook.com, LittleMooMoo telegram, LittleMoo Furaffinty artymadcow@outlook.com,
The terms “commissioner” and “you” refers to the individual or organisation that is paying for services from the artist.
The term “commission” refers to the piece of work that is being undertaken by the artist and is invoiced for. Work will not be undertaken without an invoice.
The term “ArtyMadCow”, refers to the domain names for the social media sites:
http://www.artymadcow.com/
https://bsky.app/profile/artymadcow.bsky.social
https://www.facebook.com/ArtyMadCow/
https://twitter.com/artymadcow
http://www.furaffinity.net/user/littlemoo/
http://artymadcow.deviantart.com
Telegram LittleMoomoo (Mia)
It should be noted that this website host Weebly is not owned by the artist, nor does the artist act as a part of the management for the site. The site is used as a means to provide connectivity between the artist and the commissioner.
The term “Note, Message,Tweet,Email” refers to a feature of the social media sites and email addresses terms for sending messages between users.
The term “PayPal ” refers to the company that the artist uses to handle online payments, this company is available at https://www.paypal.com/uk/home
The term “Halifax Bank” refers to the company that the artist uses to handle online payments, this company is available at https://www.halifax.co.uk
The term “Sumup” refers to the company that the artist uses to handle online/ in person payments, this company is available at https://www.sumup.com/en-gb/
Commission Information
Pricing
Prices are liable to change, however any work invoiced for will retain the originally defined price in the invoice. All prices can be found on a Commission Information which can be found at https://www.artymadcow.com/ well as in other locations such as my gallery, blogs or social media sites stated above.
In all locations it will contain the basic commission information costs. Note, the price list is a minimum price guide and is not the final cost. The cost of each commission will be detailed to the commissioner and will be displayed on the invoice that you will receive. The price in the invoice is final and is not open for negotiation.
Expressing Interest
To express an interest in purchasing a commission a Note/ Email/ comment should be sent to the artist. Please note, communication made through other means including but not limited to email. The commissioner should be aware that any communication between the commissioner and the artist may be saved in a location other than the way it was originally communicated. This includes but is not limited to, the electronic device that the artist uses to communicate with commissioners, online storage systems , online document systems, printouts of the information and any other medium for accessing/ viewing the communication.
The artist also takes work through conventions in person and takes written notes that will be written up on a note on a computer/ IPad, the communication will be carried on through email or telegram online if the commission wasn’t picked up at the event.
Being Accepted As A Commissioner
The artist reserves the right to chose who/ what to work with and If the artist does not wish to work with the commissioner, the artist is not required to inform the commissioner as to why their commission request has not been accepted.
Artwork/ costume References
Unless explicitly stated by the artist in writing, a form of reference will be required before undertaking any commission. The artist will not be required to research the commissioner’s requirements in advance and may decline working with the commissioner if there is not enough references to be able to undertake the commission. The references can be provided in one of two forms, either a “reference sheet” or a “text reference”; requirements for both of these forms are listed below in sections A and B below.
Reference Sheet preferred
If providing a reference sheet, a link or file must be provided to the artist where the sheet can be easily accessed.
Text References will cost extra
The artist understands that not all commissioners may have access to a reference sheet,to enable these commissioners to commission the artist a text reference may be provided.
If a text reference is used the commissioner may be requested to provide public domain images of the related objects/animals/clothing/style/colours/hair -type that are requested.
The artist will not copy any examples and retains the right to reject the commission request if the artist feels that the references are not in the public domain or that the work will be similar to copyrighted materials. In the event that the character(s) are highly detailed, the commissioner may be subject to additional charges, but this will be listed on the invoice openly.
Invoicing, Payment, Processing
All commissions will be invoiced through email with this TOS . The commissioner will be required to pay for the commission through the their bank with the details in the invoice issued to them for the specific commission; no other payment methods will be accepted.
Payment and reject the commission. The artist will not be responsible for any costs that the commissioner incurs through this.
Payment must be made in full; the artist will not accept payment in more than one transaction. Work will not begin on a commission until payment has been received in full. If the commissioner is unable to make payment within 24 hours the artist will cancel the invoice and will reject the commission; unless agreed in writing before the invoice is issued.
All invoices will be issued in GBP (Great British Pound), the currency of the United Kingdom. All payments must be made in GBP. If the commissioner uses another currency, it is the requirement of the commissioner to convert their currency into GBP for the transaction.
A legally binding contract will be formed once an invoices depoist has been paid by the commissioner. This will have all applicable UK laws applied to it. The artist resides inside the United Kingdom; as such the laws of the UK are applied to all contracts.
These laws include the Distance Selling Regulations (DSR) that applies to products not sold directly in person. This regulation enables the commissioner to cancel within 7 working days of making the payment, or until the time that work commences on the commission. Any cancellation requests must through email or note. If the time between payment and start of work by the artist on the commission is greater than 7 working days, it is the discretion of the artist on whether to issue a refund. Once work has begun on the commission a refund will not be issued. With all refunds, the artist is required by law to issue a refund within 30 days; however the artist will attempt to make any refunds as soon as possible.
I may decline to take your order if
- You delay payment. I have the right to decline your commission if you do not pay within 48 hours of my requesting payment.
- The image is asked to contain anything listed in my yes/no list as something I will not do.
- I feel I will not be able to complete it to the standard it deserves.
- You have sent the order during a time when I am not advertised as taking on more commissions.
- I am unable to finish the commission within any time limit you may have imposed.
- I am unable to understand what you're asking for in your commission.
- I have suspicions that you have not read the ToS or are under 18. Even if you have permission from a parent or guardian.
- I am uncomfortable with your behaviour/comments or the way in which you have contacted me.
The artist reserves the right to chose what to accept, if the artist does not wish to accept a commission with specific content there will be no requirement on the artist to provide reason as to why.
Working on the Commission
Commissions are due to be completed within 6 months of purchase unless stated and agreed on before hand with the commissioner and may take longer.
The commissioner should be aware that the artist may broadcast the work on the commission online through a streaming serves.
Order of work taken
All the work progress will be listed on trello (https://trello.com/b/dGllb3Lq/artymadcow-and-funny-farm-makers) in order the commissioners have paid and will be completed mainly in first paid first to be finished, The Artist though reserves the right to work on other commissioners if needed.
Artistic Freedom
The artist retains the artistic freedom rights to a commission and it is the responsibility of the commissioner to be aware of the general art/ costume style that the artist creates. Once a commission has been completed there will be no requirement on the artist to make any changes of any sort unless it was a mistake on there part.
The commissioner is able to make requests to the artist for changes; however any changes accepted will be at the discretion of the artist. There will be no requirement on the artist to accept any changes and may charge if it wasn’t stated in the original request,
With this artistic freedom the artist cannot guarantee that the commission will match the commissioner’s colours exactly; this maybe liable to change if the artist deems that another shade would create a better effect or if there are shadows/shading or lighting used in the picture as these will cause the colours to change.
Commission Usage
All commissions are for personal use only unless explicitly agreed before invoicing; in the event that a commission will be used in a commercial situation this will be listed in the invoice.
If any commissioned artwork is identified as being used commercially without the prior written consent of the artist, the seller and the original commissioner will be liable for prosecution in line with the laws of the United Kingdom.
The artist retains the copyright on the overall image/costume; however the commissioner retains the copyright on their characters. The artist will ensure that the commissioner’s details are listed with the image when it is made available to others online. The artist requires the commissioner to ensure that the artist’s details are listed with the image when it is displayed online.
As the artist retains copyright on the over all image/costume the artist may use the image in a commercial situation, including but not limited to, selling physical prints of the commission and wall scrolls. The artist will not be required to inform the commissioner of this commercial usage and will not be liable for royalty payments of any kind.
All commissions undertaken for commercial use or will have a different terms of service applicable to them; this will be detailed on the invoice.
This Privacy Policy
Describes how and when I collect, use, and share information when you purchase an commission from me, contact me, or otherwise use my services through Paypal , Google+, Twitter , Facebook and Outlook and its related sites and services.
Katrina Perry is based in England and has taking on commissions for art and costumes. She sells mainly to buyers in England, but offers her services for sale world-wide. Since 2013 Katrina’s business has started to take off, She uses Paypal/Word /outlook to host some of his buyers’ personal information.
The GDPR requires that Katrina provide certain information to her commissioners in his privacy policy,
Including;
The personal information she collects;
The legal bases she relies on to collect, use, and share personal information;
The third parties with whom she shares personal information;
The length of time she keeps personal information;
If She’stransferring personal information outside of England (for example, if she moves her business to the United States and continues to sell to buyers in Europe, or uses a third party provider located outside of Europe, or uses Paypal/ outlook to host some of her commissioners’ information), how the transfer will be handled;
her buyers’ rights regarding her use of their personal information; and
how her buyers can contact her with privacy-related requests.
To fulfil your order, you must provide me with certain information, such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide me with additional personal information (for a custom order of jewellery, for example), if you contact me directly.
I rely on a number of legal bases to collect, use, and share your information, including:
- As needed to provide my services, such as when I use your information to fulfil your order, to settle disputes, or to provide customer support;
- When you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
- If necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
- As necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services.
- Service providers. I engage certain trusted third parties to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
- Business transfers. If I sell or merge my business, I may disclose your information as part of that transaction, only to the extent permitted by law.
Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.
I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 4 years.
GDPR requires you to disclose if you transfer personal information outside of the EU and the legal bases you rely on to do so, such as consent and contractual necessity. Katrina uses PayPal which is Privacy Shield certified, so he should explain to his buyers that he relies on Privacy Shield as the legal basis for the transfer of his buyers’ personal information outside of the EU.
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:
- Access. You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.
- Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.
- Object. You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
- Complain. If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
- (raspberries)
For purposes of EU data protection law, I,Katrina Perry am the data controller of your personal information. If you have any questions or concerns, you may contact me at artymadcow@outlook.com. Alternately, you may mail me at: kacoomer@outlook.com
Katrina Perry WA74S 16 Hale view, Runcorn , England