The following Terms & Conditions are for the Commission of original artwork or designs from Drawswords Art. The following information must be read fully and accepted before entering into a Commission Agreement with the Company. Once the Client enters into a Commission Agreement with the Company, it is assumed the Client has agreed to all Terms and Conditions.

These Terms and Conditions are subject to revision without notice.

1. The Company hereby sells or transfers the Commission to the Client at the agreed value written in the Commission Agreement prior to the Start of Work.

2. The Company has the right to refuse any Commission request, without needing to explain the reason.

3. The Company reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behaviour, an inability to effectively communicate in the English language, or a breach of these Terms of Service.

3a. If at any point the Client has failed to respond to messages or status updates provided by the Company for a period of longer than one month, the contract may be rendered void and further work will require renegotiation.

4. The Company will not create any depiction of sexually explicit materials, fetishes, or any form of hateful or racist imagery.

5. By commissioning the Company, the Client is purchasing the Company’s labour only. The Company retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Company 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 Commercial Purpose Commission Agreement as defined in the Definitions section herein. The Client may not edit, alter, or trace the Commission without the Company’s expressed written permission, or as agreed upon in the Commission Agreement prior to the Start of Work. The Company also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.

6. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to the Start of Work.

7. The Client must specify the desired display size of the Commission. A large display size may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to the Start of Work.

8. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to the Start of Work.

9. If the Commission is defined as confidential in the Commission Agreement, the Company will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Company to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Company to publicly display the image.

10. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original [traditional art or the purchased print of a digital art] Commission or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.

10a. The Client may not edit, alter, or trace the Commission without the Company’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.

10b. The Client may not mint, licence, or sell the Commission in any way as a non-fungible token (NFT), without the Artist’s expressed written permission, or as agreed upon in the Commission Agreement prior to Start of Work.

11. The Client may display the Commission in Profiles as long as the Company’s name (“Drawswords”, or “Drawswords Art”) is prominently displayed. Additionally, any Profile display of the Company’s Commission must notify the Company, unless already defined in the Commission Agreement prior to Start of Work. Commissions in Profile displays cannot breach Term 10, Term 10a, or Term 14.

11a. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work. The Client must obtain written permission from the Company prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.

11b. Under no circumstances may the Client submit a Commission to any kind of online or offline contest.

12. Digital Art Commissions will be provided to the Client via email or an online download location in .jpeg format; this does not include the Commission native files (e.g., .procreate, .psd, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Company.

12a. The Company is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission); the Client is responsible for all shipment costs.

13. The Company is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. The Client may use the digital (.jpeg, .png or .PDF) file for local printing, so long as it does not breach Term 5, Term 11a, Term 11b, Term 16, and the Client obtains expressed written permission from the Company prior to printing.

14. If the Commission is for Commercial Purpose, the Company must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service may be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.

15. 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, unless a change process is agreed upon in the Commission Agreement prior to Start of Work.

15a. Some changes, if approved, will require renegotiation of the timeframe and the fee.

16. The Client may not incorporate the Commission in another work of art (or another Company’s Commission). A take-down notice will be issued in such cases and Term 20 will be applied as necessary.

17. Refunds may only be issued if the Client notifies the Company prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Company has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.

18. The Client will not permit any use of the Commission or misuse the Company’s name in any way which would reflect discredit on its reputation as a company, or which would violate the good spirit of the Commission.

19. The Company reserves the right to collaborate with, or supervise, other artists to deliver the Commission.

20. The Company has the right to pursue damages under Singapore’s Copyright Act, should there exist a violation in addition to a breach of these Terms of Service.

21. The Client agrees that it shall not hold the Company or any agent thereof liable for any damages arising from the Company’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Company or of any third party.

22. The Client agrees to indemnify the Company against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of the Client’s unauthorised use of the Work under this Agreement, including the enforcement of this Agreement by the Company.

The Company requires either a) completely up-front before Start of Work; or b) 50% of the payment up front before Start of Work and the rest of the payment to be submitted before the delivery of the Commission, unless otherwise agreed upon in the Commission Agreement.

When work on the final Artwork is complete, a low resolution version will be shared with the Client for final approval. By giving final approval the Client is agreeing that the Commission is complete and the final payment of 50% of the total fee is due.

Once the price is paid in full, the Commission will be provided in the form agreed upon in Term 12.

Currency: All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit XE.com for accurate currency conversions.

Method: The Artist’s preferred method of payment is via PayPal services.

PayPal Method: For Clients with PayPal, an invoice will be sent to their email once the Commission Agreement is complete. The Client will have to make the agreed-upon a) up-front; or b) first 50% of the payment through the invoice before the Start of Work.

Alternative Methods: For Clients without PayPal, please contact the Company before Start of Work to make an appropriate arrangement.

Cancellation: Please refer to Term 17 for refund policy.