TERMS OF SERVICE

These terms and conditions constitute a legally binding agreement between you (hereinafter referred to as “Client”/ “Author”) and S.J. Fowler (hereinafter referred to as “Artist” / “Designer”) of Night Witchery. This agreement constitutes an order for custom illustration & design services (hereinafter referred to as “Artwork” / “Project”). Whereas, the Artist is a professional in good standing; Whereas, the Client wishes the Artist to create certain Artwork described more fully herein; and Whereas, the Artist wishes to create such Artwork; In consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties agree as follows:

The Client agrees to pay the agreed upon amount for the Project parameters (hereinafter referred to as “Full Balance”) for the Project and License to allow for the Rights Granted. These amounts, items commissioned, and licenses which will be outlined in the Design Contract that is send by the Artist to be signed by both the Client and the Artist.

1. GENERAL TERMS

All professional correspondence (commission inquiry, quotes, updates, etc.) will be handled exclusively through emails. The Artist does not conduct business through social media or Discord. If the Client contacts the Artist about a project through social media or Discord, they will remind the Client to please conduct all business conversations via email once. After that these messages will be left unread / unanswered.

The Artist's hours of work, where they check their inbox, are typically weekdays between 9AM to 6PM, from Norway (timezone: CET in Autumn/Winter, CEST in Spring/Summer). The Artist is not available on weekends or on public U.S. or Norwegian Holidays.

• Prices are subject to change at any time without notice based on demand.

• These terms can be subject to change.

• The Artist reserves the right to decline a Project.
  

2. RESERVATION OF RIGHTS & RESPONSIBILITIES

Any Rights Granted / License of the Artwork given to the Client the Client is conditional upon receipt of Full Balance. Upon receipt of Full Balance payment, Artist shall deliver digital files necessary to enable Client’s usage under their Rights Granted / License herein. The Client is limited to use of the Artwork to the Rights Granted / License listed above. Any use additional to the Rights Granted / License above requires arrangement for payment of a separate fee.

All Rights Granted / License not expressly stated above are retained by the Artist, including any electronic rights or usage unless specified above and including, but not limited to, all rights in sketches, comps, or other preliminary materials.

Artist retains the copyright to all Artwork. The Artist retains the rights to display all Artwork created by the Artist for this Project, including preliminary materials and final art, in Artist’s portfolios, including in print and online. The Artist will do their best to accommodate the Client’s timeline of a reveal. However, after six months, if the Project has not been made public by the Client, the Artist reserves the right to post it to social media and in their portfolio.

The Artist will NOT claim the intellectual property (IP) of titles / characters / worlds created by the Client. The Client retains all IP for their characters and world and the Client is only providing such information to the Artist for the purposes of the Project creation.

The Artist will claim intellectual property (IP) for their own titles / characters / worlds created by the Artist. This pertains to, but is not limited to, instances of premade cover designs or the Artist’s ideas that are requested by the Author in order to create the Project.

Client understands that they have no right to alter the final Artwork in any way except to change size for digital display. If the Client desires any alterations, they will consult the Artist. The Client understands that additional payments may be required to make these alterations.

If the Client gives the Artist materials subject to intellectual property rights by a third-party, Client will secure the appropriate rights to use the materials before directing the Artist to incorporate them into the Project. Should any intellectual property dispute arise involving materials the Client provided, Client assumes full legal and financial responsibility.

Unless a Commercial Use License was purchased by the Client and / or the specific use is not listed in the Rights Granted / License above - the Client may NOT make profits from the Artwork (reselling, redistributing, uploading to POD-services, making prints for any use aside from personal, etc.) If such licensing was not purchased, there is a required arrangement for payment of a separate fee. Additional Rights Granted and Licensing can be purchased after the fact and must be discussed with the Artist.

Client is responsible for the return of all copies of the art and permanently delete all digital copies thereof, within 30 days after expiration of time period or after number of uses specified in Client’s Rights Granted.

Client may NOT use the Artist’s name, the Artist’s company name, any Project created by the Artist, any commissioned Artworks from the Artist, or any of the Artist’s work for the following: in any Artificial Intelligence (AI) software generators, in an AI training model, modify said Artwork through AI softwares, or to create an NFT in any way, shape or form.

Any violation of the above listed items is considered copyright infringement.

If the Client has commissioned a NSFW Artwork: Client agrees they are of legal age (18+) and are legally allowed to be purchasing said Artworks. Client is fully responsible for making sure the works are only viewed and distributed by those of legal age (18+). Client agrees that any characters that they request to be part of the NSFW Artwork are of legal age (18+). At no time will the Artist be held financially or legally responsible for any problems, costs, fees or expenses incurred by Client as a result of using the NSFW Artwork.

3. PAYMENT

Currency accepted is USD (United States Dollar) and can only be paid through PayPal. Invoices will always be sent through PayPal. Please contact the Artist directly for another means of payment if those are not an option for the Client.

Payment Processing fees will be charged on the invoice and are not covered by the Artist. 

A $50 Booking Deposit is required to book a spot. This is not an added fee and will be deducted from the Full Balance upon final invoicing. Pending the Project parameters, the Full Balance will either be paid 100% at the end or the Full Balance will be split 50% halfway and 50% after final Project approval. The Client and Artist will discuss which is appropriate for the Project. If the Project has multiple Artworks, then the Client automatically agrees to the 50 / 50 split Full Balance payment. The stages at which payments of the Full Balance are due is outlined below in Process & Revisions.

DO NOT send any payment before the Artist has agreed to do the Project and has requested for the Client to send payment.

In the event that the Project is canceled by the Client at the time of the scheduled Project Start Date, a 25% cancellation fee will be charged. The Booking Deposit will NOT be refunded.

Unless there are extenuating circumstances in health or family emergency, if the Client pauses the Project during its scheduled time before completion, a 1.5% monthly pause fee will be charged. Pausing is when the Client gives a written agreement of a need to pause or if the Client is not answering correspondence from the Artist for a time greater than 5 business days.

The Artist retains the right to discontinue, withhold, or suspend services should payments not be paid as specified in this agreement.

A 3% monthly service charge will be billed against all late payments.

4. PROCESS & REVISIONS

When the Client decides to book with the Artist, the aforementioned parties will go over the Project details, and prices to make sure they are on the same wavelength. If the Client books a spot without knowing the specifics of their Project, the aforementioned parties will discuss general details and pricing that will be subject to change based on what is decided by the time the booking date arrives. The Client is welcome to ask any further questions.

The Artist will then send the Client an invoice for the Booking Deposit, which will secure the Client’s spot in the schedule. A few days (or weeks) before the Project Start Date the Client and Artist will discuss any further details needed to start the Project. On the Project Start Date, the Artist will start the drawing process once they have received all items from the Client including, but not limited to: the Booking Deposit, the signed contract, the filled out questionnaire with any additional details, and all relevant references.

During the process of the Artwork, the Client agrees not to share the unfinished and unpaid Artwork on public forums, such as Facebook, Twitter, Instagram, etc. The Client cannot share or display the Project on public forms, social media, or Discord before the Full Balance has been paid.

The Artist’s process consists of 4 stages, where the Client is able to make changes to the Artwork. There is 1 round of revisions per stage, and any additional iterations will cost extra. These allotted revisions per stage are laid out below. Major changes qualify as 40% or more of a Project. Minor changes qualify as less than 20% of the Project and pertains to things that were not present / approved previously. When receiving files for each of these stages, items will be low resolution and watermarked. The Client will not receive full resolution watermark free files until the Full Balance has been received.

Stage 1
Rough Sketch: Any major changes in the pose / composition can ONLY be made here. Please keep in mind that if the Client provides someone else’s artwork as reference for a pose/composition or inspiration for the Client’s character design, the Artist will take loose inspiration from some elements but will make modifications, as the Artist will not copy someone else’s work. The Client is welcome to ask for modifications at this stage so that the sketch matches their vision.

Stage 2
Line Art: The Artist will clean up the finalized sketch and line it (Also adding in the base elements if a custom background if one was requested in the Project). Revisions will apply only for minor changes (changing clothing patterns, modifying a small accessory…)

Stage 3
Base Color: The Artist will add the flat base layer of colors. Revisions apply only for minor changes to color fixing (keep in mind that the shading can change the colors quite a bit, and also changing certain colors can unbalance an entire composition).*

*Payment Point (For Clients who have a major Project with multiple items and / or have agreed to a 50 / 50 payment split of the Full Balance, 50% of the Full Balance is due before any further progress beyond here.)

Stage 4
Rendering & Details: The Artist finalizes the character(s), shadows, lighting, and details ( the custom background will be completed if need be). Any changes made here will be minor changes to color fixing only.**

**Payment Point (All Clients must pay the Full Balance. Clients who only paid a Booking Deposit before the Project, the Full Balance is due before final files will be delivered. Clients who agreed to a 50 / 50 payment split, the remaining 50% Full Balance is due before final files will be delivered. Once the Full Balance has been paid, final full resolution files without watermarks will be delivered via Google Drive.

• A fee will be added for any revisions requested that are beyond the aforementioned limit of each stage. Again major changes qualify as 40% or more of a Project. Minor changes qualify as less than 20% of the Project and pertains to things that were not present / approved in the previous. The amount of the fee added depends on the requested change and is usually based on an hourly wage. That rate is $50 per hour.

• A fee will be added if the Client wants something changed on the final Project design - unless a misunderstanding from the Artist’s side has been made. If important and/or key details have been missed by the Artist (tattoos, scars, jewelry, etc...), this will be rectified without charge if the missing component is clearly seen on the reference. However, if the key details were not provided beforehand or not clearly seen on the reference(s) provided, this will incur a fee based on how long it takes to be rectified.

• A fee will be added if the Client wishes for the Artist to change something in the Project they have previously approved.

• A fee will be added if the Client’s provided reference or Project details are unclear to start with and are not clarified before Project start.

• If the Artwork has already been published, no further changes are allowed.
  

5. COMMUNICATION & UPDATES

The time it takes to finish a Project varies greatly depending on factors such as holidays, response time, health, the complexity of the Project, other simultaneous work, and any other unforeseen circumstances. Therefore any estimate of time is flexible and will be adjusted to each individual Project. Typically a single Project turnaround time is usually 2 - 3 weeks. Multiple Projects will take longer.

• If there is a specific deadline to be met (Kickstarter, Book Launch, birthday gift, etc…), the Artist asks the Client to state this at the time of booking.

• Deadlines that are too tight compared to the Artist’s current workload or is requested after the booking has already been made will incur a rush fee of 20 to 50% and may be declined.

Depending on the size of the Project and the Artist’s current workload, the Artist may complete the Artwork a bit faster or slower than their average turnaround time (unless the Client and Artist agreed on a specific deadline at the time of booking).

The Artist sends a minimum of 4 updates (one for each stage) and usually provides a rough date/week for when the Client can expect the next update, to keep the communication fluid.

Please note that these deadlines are only indicative. Follow-up emails are welcome, but please allow a few business days. Please don't spam the Artist’s inbox (or the Artist’s social media/Discord DMs, as those messages will be left unanswered).

6. DELIVERY & STORAGE

Once the Project is finished, and the Full Balance is paid, the Client will receive the full-resolution digital image files via a Google Drive link. NOTE: This is a digital file only, NOT a physical product. The Artist does NOT provide printing services.

All completed Projects sent via Google Drive will contain:

• High res 300dpi PNG, JPG, & PDF files with and without the Artist’s signature. 

• A lower resolution JPG with the Artist’s signature, optimized for online sharing.

Please ONLY use the low resolution file with the Artist’s signature when posting the Project on social media, as fanarts and fantasy characters tend to be reposted and exploited by other individuals, AI websites, and even third-party merch websites. This is to prevent the Artist’s work and the Artwork the Client paid for with their hard-earned money to be exploited by someone else.

Layered PSD files are not provided to the Client or released by the Artist at any time. The Client may request a flattened PSD file only.

After Project completion, the Client has the time period of 1 year to download their files from the Google Drive folder. After such time the files will be removed from Google Drive. During that 1 year time period, the Client is responsible for downloading all given Project files and transferring them to a digital file storage of their own.

After the Project completion date, all Client files pertaining to the Project will be saved on the Artist’s immediate computer hard drive for up to 6 months and on the Artist's Cloud Back-Up server (Backblaze) for 1 year. Six months after the Project completion, all the Client’s files will be moved to external hard drive storage for as long as the external hard drive remains functional. The Artist will do their best to maintain said hard drive alongside the Project files stored files and back-ups. However, 2 years after project completion date, the Artist is not responsible for any loss of files due to, but not limited to, technical failure or file corruption.

7. ATTRIBUTIONS & ACKNOWLEDGEMENTS

The Client agrees to credit the Artist where possible. If the final product is printed, the Client agrees to print the credit on the product or print credit on a separate card accompanying the print. If the product is posted digitally, the Client agrees to publish the credit and include a link to www.nightwitchery.com when possible. The Client will make every effort to include the credit when the Artwork is used in promotion of the product.

• Physical Copies: Illustration by Night Witchery | www.nightwitchery.com
  

• Digital: Illustration by Night Witchery
  

• Social Media Tag: 

• Instagram: @night.witchery

• Facebook: @nightwitchery

• TikTok: @nightwitchery 

8. PROOFING

Client is fully responsible for proofing the illustrations provided by the Artist. It is strongly suggested that Client requests a proof from the printer before ordering any materials using the custom illustration. At no time will the Artist, S.J. Fowler | Night Witchery, be held financially or legally responsible for any problems, costs, fees or expenses incurred by Client as a result of using the Artwork.

9. CANCELLATION & REFUND POLICY

The Client or the Artist may cancel this agreement at any time by providing written notice to the other party via email. If either the Client or the Artist cancels a Project before any payment has been made, neither the Client nor the Artist is under further obligation to the other, and this contract will be considered canceled.

If the Client should stop or cancel a Project within 24 hours prior to Project Start Date, or at any point before final Artwork for approval has been sent to the Client, the Client agrees to forfeit 50% of the Full Balance. This is to cover resources and time taken during the Project up to the point of cancellation. The Client will have no rights to any sketches or mockups sent to the Client and agrees to destroy them, and not use them for any other purpose.

If the Client should cancel or pause the Project after the Artwork has already been completed 100% of the Full Balance is due. If the Project is not approved within 7 days of final Artwork being delivered, the Project will be considered terminated and the Full Balance will be due. Upon cancellation or kill, Artist retains all rights to the Artwork, and all original Artwork and copies thereof must be returned, including sketches, comps or other preliminary materials, and Client shall permanently delete all digital copies thereof.

If a Project is canceled for any reason, the Client cannot claim the final Artwork nor the work in progress Artwork. All materials delivered to Client, i.e. mockups, concept designs, screenshots, etc., must be deleted upon request for cancellation of the project. Any use of work done in connection with the Project without Artist’s consent could result in additional fees or legal action.

If for any reason the Artist is unable to start the Project and the Client has already made a payment, the Client will receive a full refund.

If the Client is getting a refund, they must NOT request a PayPal chargeback. The Artist will transfer the money back to the Client.

If the Client requests a PayPal chargeback at any point when they have breached any of these terms, the Client will lose all aforementioned rights to the Artwork and the Artist will have the full right to profit further from the Artwork in any way. The Client and the Artist will also not be working together again in the future.

The Artist has the right to cancel a Project, no matter the completion, if :

• The Artist can no longer deliver the Project for personal reasons like family death, important sickness or injuries. (Full refund)

• The Client behaves inappropriately with the Artist (no refunds)

• The Client behaves inappropriately online (example : racist, homophobic, transphobic behavior in a fandom, harassing a fellow Artist etc…) (no refunds)

10. MISCELLANEOUS

The Client’s right to use the work is conditioned upon Client’s compliance with the terms of this Agreement. This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions via email or orally. No terms attached to any check for payment under this Agreement can modify the Agreement except as such mentioned above.

Should the Client fail to meet any of the obligations set forth in this contract, the Client agrees to reimburse the Artist with any legal fees incurred in the enforcement of this Agreement. The Artist agrees that the Artwork is original to the Artist and has not been previously licensed to any other party in a way that would interfere with the Rights Granted to the Client. The Artist agrees to inform the Client of any additional Rights considerations incurred through use of a third party (stock art, use of a live model, etc.). This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified in writing signed by both parties. It is understood by all parties to this Agreement that claims or disputes arising from this Agreement will be settled according to the pertinent laws and statutes of Norway.

This Agreement is entered into as of the date in which all parties affix their signatures on the Design Contract.