Hello, I'm kimithepumpkin! Feel free to call me either Kimi or Pumpkin. I'm a digital artist and crafter from Slovakia.I draw mostly Genshin Impact fanarts and sell handmade merch like keychains,stickers,bookmarks and more on my shop.I also offer custom commissions so feel free to take a look at all the info below ♥
kimithepumpkin's terms of service
Please read through entirely before contacting me about commissions.
These terms of service are subject to change. By commissioning me, you acknowledge that you have
read and will be held to these terms.
I reserve the right to cancel at any time and for any reason. A statement will be provided explaining
why I have chosen to cancel the commission and issue a refund based on my refund policy.
This Terms of Service Agreement ("Agreement") is entered into between the Artist and
the Client for the commission of an artwork ("Work"). By commissioning the Artist, the
Client agrees to the following terms:1. ENGAGEMENT
a. Client provides clear and complete requirements and expectations upfront,
including reference materials or assets before Work begins.
b. Client grants to the Artist non-exclusive rights to observe and replicate
Client’s own character design and reference material for the use of the
Work.
c. Client warrants that the character design and reference material provided
to the Artist are legally obtained, was not generated by any AI software( free to use nor paid) and authorised for use by the Client or their original author/artist,
d. Client warrants that they have the authority to enter this agreement, be
the point of contact and is solely responsible for decisions and approval
during the process.
e. Artist strives to perform to the best of their ability in good faith and
warrants Work is 100% original according to Artist’s best knowledge.
f. Artist may use commercially licensed, copyright-free and/or educational
materials, assets and/or tools.
g. Artist warrants that they will not copy or heavily reference unauthorised
materials.h. Artist reserves the right to refuse projects or requests based on content,
subject, or other reasons.
i. Artist defines scope of work, features, price, deliverables and other details
for the project in a proposal in a format according to Artist discretion
which may include private message through social media profiles, website or email. The details set forth
by the Artist shall be agreed upon by the Client before work begins.2. CONTENT RESTRICTIONS
a. Artist will not create content that is explicit, offensive, or inappropriate or illegal.
b. Specific restrictions include but are not limited to NSFW for loli/shota or child-like characters, explicit adult content, underage
characters, excessive muscles, gore, copied styles, and gender identities or cultures the Artist
may not be able to portray authentically or are in any way offensive.DOs AND DO NOTs example:Yes, I will do following:1. Original characters, fanart
2. Nsfw okay ONLY if the character drawn isn't minor or minor-like looking
3. Furries (Note that I am NOT a furry artist but I don't mind drawing it for you)
4. Mechanical and robotic parts on character are okay unless it's 90% of the image ( Robotic arms = okay, full godzilla = not okay)
5. Light gore ( I don't mind drawing a splatter or two of blood but I won't do full blown intestines everywhere)
6. Buildings and architecture ( I will draw them as part of the background if needed but since I do use blur effects on my BGs to give them more depth they won't be too detailed)
7. LGBTQ+ illustration( as a big supporter of the community and part of it I would be honoured if I could draw your LGBTQ+ characters ❤️)I won't draw:
1. Family or animal portraits
2. Children or child-like characters in controversial settings
4. Anything that goes against my beliefs or is hateful or filled with negative intent towards minorities or anyone else.
5. Political figures or politically aimed drawings.Making art is my primary job. But sometimes motivation and outside forces can greatly affect and delay
projects. Regardless, I will always try to complete each commission as timely as possible. If a work in
progress (WIP) update is not provided within 2 weeks after being paid for, the client may request a
refund. If a refund is requested, the amount will be determined based on my refund policy.
Your patience is always appreciated!3. TIMELINE AND PROCESS
a. Work completion 2 weeks minimum, and may take up to 1 month depending on each project.
b. Timeline depends on commission type, complexity, and workload.
c. Artist provides progress updates and seeks Client feedback voluntarily.
d. Final deliverables are provided by the Artist using e-mail, cloud or similar file transfer tools.
e. If there are any delays and adjustments to timeline, the Artist will inform the Client.
f. Clients must first agree to delays and amendments to timeline exceeding 1 month through standard
communication channels.
g. Clients have the right to request refunds 2 months after deadlines if work has not been delivered and
there was no agreed upon amendment to the timeline.4. REVISIONS
a. 3 revision allowed per item shown to the Client during the process in sketch or base color stage.
b. After base color, once artist starts rendering, only minor revisions are allowed(ex.: slight changes to the small details or coloring)
c. Additional charges for excessive revisions may be require additional fee of 15€ per change.
d. Revisions may affect progress and timeline.5. COMMUNICATION
a. Ongoing communication and discussion will occur throughout the project, including work in progress,
idea generation and collaboration, situational updates, and more.
b. Communication channels may include private messages on social media or e-mail according to
Artist discretion. Or clients preferred choice.
c. Artist response time may vary, up to 24 hours – 3 days in order to provide better or more concrete
update
d. If client chooses shorted delivery time ie. pays rush fee for quicker deliver or overtake in queue they are required to answer within 24 hours of being contacted by Artist with updates. If they fail to respond in time and Artist deadline is missed client's are not eligible for refund.ROUGH TIMEFRAMES example:
Illustrations: 2 - 3 weeks
Badges/Emotes:
1 week for 1-6 static emotes
2 weeks for 1-6 animated emotes
Chibies: 1 week
(These time frames CAN change depending on the difficulty of the task or current commission demand.
You will be informed about all changes in advance or during the time I already work on your commission
if there will be a need to prolong working timeframe)Prices quotes and paymentsAll quotes provided are for 1 individual item. When contacting me for a commission quote, you are
required to provide the following:
A digital reference sheet or clear digital image of your character.
Proof you have read all my TOS. ( Use the password while contacting me: "Pumpkin TOS" )
Proof of character ownership. (Concerns your OC only)
Basic info: (what you want done, level of suit, extra features, etc.)Payments:
I take upfront payments. Payment plans are available for commissions over 100€, basic payment plan consists of paying half of the full price upfront and rest before final files are sent. Depending on the full price this can be divided into more smaller payments which are required to be paid in a way Artist and Client agree upon.TIME LINE AND SCOPE OF WORK1. The artist will submit a sketch for control before proceeding with the final commission piece
in up to three days upon receiving payment or after determining the start with client. (You may make up to three free of charge changes during this period)
2. Once the sketch is approved you will be sent file with flat colors, any additional changes to
the design will cost additional fee depending on the complexity of changes.(Simple color change is free of charge unless it's 50% of base color phase)
3. The final commissioned art will be accomplished within (2 weeks minimum up to 1 month
maximum depending on the difficulty of your illustration and will be sent to your e-mail or
preferred contact option)6. RIGHTS & USAGE
a. Artist Rights
i. The Artist retains copyright, ownership, redistribution and intellectual property rights, which includes
but is not limited to display, advertising, printing, the Work and work in progress on websites, social
media, portfolios, public broadcast channels and more.
b. Client Rights
i. Clients receive exclusive, non-transferable usage rights to the Work for personal use.
ii. Personal use means: display on social media accounts for promotional purposes with no direct
monetization such as profile pictures, banners, and posts; print and framing in personal spaces; display
as part of designs on websites and channels, excluding use in content of these websites or channels.
iii. Client must not claim Work as their own and must credit Artist using their social tag/username/link at
the instance of display of the Work or permanently on their websites, social media profiles, broadcast
channels and so on. iv. Client must not edit or modify Work in any way without prior permission from
the Artist.
iv. Client shall not reproduce and/or otherwise use the Work in any manner for purposes of training artificial intelligence technologies to generate work, including without limitation, technologies that are capable of generating works in the same style or genre as the Work. Nor shall Client sublicense others to reproduce and/or otherwise use the Work in any manner for purposes of training artificial intelligence technologies to generate work.
c. Commercial Rights
i. Commercial usage rights are not included unless specified in the commission type or listing on the
Artist’s websites (emotes, and so forth) or as agreed upon.
ii. Commercial rights means usage of Work on streams or any monetized instances, or selling or reselling
Work to another party, as a part of any product, or on another platform.
iii. Usage of Work for AI (artificial intelligence) tools; platforms or programs, ML (machine learning)
tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes,
is strictly prohibited.
iv. Additional charges will be required for commercial usage if not included, typically 2x of the original
cost.7. PAYMENTS & FEES
a. Client pays 100% of price upfront unless they contacted Artist and agree with payment plan.
b. Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work. Clients
must not send money before these requests for payment from the Artist.
c. Invoices must be paid within 24 hours or the project may be cancelled.
d. Prices may vary or change depending on complexity, requirements and/or additional requests.
e. Once Work has begun or payments have been made, the Client acknowledges Work and deliverables
are digital and there are no physically shipped goods to receive.
f. Client warrants they will not issue chargebacks and the refund policy mentioned below will be
followed.8. CANCELLATION & REFUNDS
a. If Client requests cancellation after 24 hours after paying for commission, they will receive refund based on percentage of work done by artist (How far in the process the artis is and how much remaining works is left)
b. If Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the
Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client,
the Artist will provide a partial refund only.
c. If client sets their own deadline, they are required to communicate with artists when they are sent files for checking in the minimum of 24 hours, especially if the required deadline is shorter than usual delivery time set by artist. If the set deadline is missed due lack of communication on customers side, customer will loose the rights for refund due missed deadline.9. CONFIDENTIALITY
a. The Artist and Client acknowledges that information and materials that are provided to either party
(including but not limited to personal information, technical information, marketing plans, payment
information, or sensitive business information), or are incorporated into the deliverables, that will not
be visible to the public shall be considered confidential information and shall not be disclosed to any
other party without prior written permission from the owner of this confidential information.10. INDEMNIFICATION
a. Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the
Client, breach by the Client of the Agreement, or third-party claims.b. If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the
situation first.11. ACCEPTANCE
a. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this
agreement on their behalf.
b. Agreement date is upon first inquiry/communication or first transaction.If you have any questions regarding terms of services or how to commission me, contact me via my
social media profile ( Twitter/Instagram : @kimithepumpkin or e-mail me at
[email protected] )