Terms of Service

1. Acceptance of Terms

1.1 The following Terms and Conditions of Service (Terms) constitute a legally binding agreement between Tiffany Burkey (“I”, “me”, “the artist”) and the commissioner (“you”, “the client”) in regards to the services provided (“art”, “commission”, “project”, “job”).

1.2 By engaging in my commission services, you agree to be bond by these Terms.

2. Commissioning Process and Delivery

2.1 Initial Request and Discussion: Once you present your job idea to me, we (the client and artist) will discuss further project details via email (tiffanyburkeyart@gmail.com) until both parties are in agreeance on the scope of the project. Topics discussed may include but aren’t limited to: File dimensions, deadlines, pose, background. I reserve the right to decline commission requests for any reason.

2.2 Acceptance of Commission: Once both parties have agreed upon the details of the commission, the artist will give an official quote to the client.

2.3 Payment: Before the artist begins the project, full payment is due (see Section 5) unless alternate payment terms are discussed and agreed upon by both parties.

2.4 Project Start: Once the agreed upon payment is received by the artist, the commission will be secured on the waitlist. The client will be notified via email when the artist has started their project. No refunds will be honored after this stage (see Section 9).

2.5 Sketch Phase: While the project is underway, Tiffany will keep in touch about the state of the project and communicate any problems that may arise throughout the process. A colored sketch will be sent to the client to confirm that both parties are in agreeance on the vision of the project. During this stage, the client may request alterations to the job (see Section 4.1).

2.6 Render Phase: Once the sketch is approved via email by the client, Tiffany will continue on to finish the project - maintaining open communication with the client for any questions or concerns that may arise throughout the process.

2.7 Preview Confirmation: When the project is complete, the client will receive a low res, watermarked file preview to confirm the finished job. During this stage, minor final adjustments may be requested by the client (see Section 4.2).

2.8 Deliverables: Once the final preview is approved by the client, the promised files will be delivered. Please note that my commission services provide digital deliverables only, unless otherwise discussed and agreed upon prior to the start of the commission. Standard commission deliverables include:
- a high res .jpg for personal use
- a low res watermarked .jpeg for online sharing
- a print ready .tif file for your personal printing needs
Files will be delivered via email, or Google Drive for larger projects. Additional deliverables may be subject to additional fees.

3. Timeline

3.1 Standard Timeline: Projects secured on the waitlist are completed in the order they are received. Most projects take the artist between 3 weeks and 3 months to complete once they are started. The artist will give the client an approximate wait time on the waitlist during the initial discussion (2.1).

3.2 If the client has a deadline they need a project by, it is to be discussed during the initial gathering of details (2.1).

3.3 Urgent Deadlines: Deadlines that require raised priority on the waitlist or otherwise fit outside my standard timeline (3.1) is deemed Urgent. Projects with Urgent Deadlines are subject to higher rates. If the artist fails to meet the deadline agreed upon, the job may be liable for partial refund on the added Urgent Deadline rate. Jobs will not be refunded for reasons outside the artist’s control, including but not limited to: excessive edits, illness, large life events.

3.4 Any delays on commissions due to reasons outside the artist’s control, i.e. illness, life events, will be communicated promptly to clients of all open jobs.

4. Alterations and Revisions

4.1 The client will have the opportunity to request alterations to the design of the project during the sketch phase (2.5). Revisions that add complexity to the piece or are additions not stated in the initial discussion (2.1) may be subject to additional fees. The artist reserves the right to define what revisions are deemed complex and will notify the client prior to making changes if their edits warrant an additional fee.

4.2 The client will have a final opportunity to make small adjustments during the preview confirmation (2.7). Large repaints and revisions during this time are subject to additional fees. The artist reserves the right to define what revisions are deemed large and will notify the client prior to making changes if their edits warrant an additional fee.

4.3 Edits and additions to the job presented to the artist after the official quote is given (2.2) are subject to additional fees.

5. Payment

5.1 Base commission rates are subject to change at the artist’s discretion. Commission quotes are based off of the current base rates during the conclusion of initial discussion (2.1).

5.2 All payments are to be made in USD via Venmo (@TiffanyBurkeyArt) or PayPal (@tiffanyburkeyart) unless otherwise agreed upon prior to starting the project.

5.3 Payment is due in full before the project is added to the waitlist unless otherwise discussed and agreed upon prior to the start of the commission. Projects will not be added to the queue until payment is confirmed. Additional fees accrued through redesigns or edits are due before the edits are made.

5.4 The client is to send payment only after an agreement is reached and the artist provides an official quote. Payments made in advance without the artist’s job confirmation or quote do not secure the job and may not be honored.

6. Usage

6.1 Commissions outlined in this document and on my commissions price guide are for personal use only. Jobs intended for commercial use are subject to additional rates and terms, which are to be agreed upon during initial discussion (2.1).

6.2 Clients may use commissions for personal use. This includes purposes such as printing for wall art in the the client’s home, cropping for a personal profile picture, getting a tattoo, and using as screensavers on personal devices.

6.3 Clients are not permitted to use commissions for commercial use. This includes purposes that boost the client’s visibility, such as advertising and business profile pictures, as well as purposes that the client otherwise uses the art for profit, such as game design and book inserts (see 6.1).

6.4 Clients are not permitted to utilize commissions created by Tiffany Burkey for NFT’s, cryptocurrency, or other blockchain related services at any time for any reason.

6.5 Clients are not permitted to utilize commissions created by Tiffany Burkey for AI or machine learning purposes.

6.6 The artist may use commissioned work to promote their business. Jobs may be used in the artist’s public portfolio, as business cards, or other promotional purposes. The client may withhold this permission at the start of the commission (2.1) and may be subject to an additional fee.

6.7 The artist may record the art making process of the commission and broadcast the video live, use in promotional materials, use in educational content, or otherwise utilize process content for profit. The client may withhold this permission at the start of the commission (2.1) and may be subject to an additional fee.

7. Credit

7.1 Commissions shared by the client on social media must use watermarked file provided with the watermark present and intact.

7.2 The client is to credit the artist when posting to social media by tagging the art account tiffanyburkeyart on said platform, and stating in the post body: “art by Tiffany Burkey” including link to tiffanyburkeyart.com.

7.3 The artist will use name of pet or character in post sharing. If client wishes to be tagged or otherwise further accredited for characters they’ve designed, parameters are to be discussed during initial discussion (2.1).

8. Copyright

8.1 The artist owns full copyright to all works created. If client wishes to purchase full copyright it is to be discussed during initial discussion (2.1) and is subject to higher rates.

9. Cancellations and Refunds

9.1 Cancellations of commissions from either party for any reason is to be communicated promptly via email.

9.2 Cancellation of commissions by the client or artist for any reason may be liable for up to 80% refund if cancelled before the project has begun. If the client cancels after the job has started, no refund will be given.

10. Dispute Resolution

10.1 Any concerns that arise from either party are to be communicated civilly through email (tiffanyburkeyart@gmail.com).