Terms of Service

Last Updated: 8/9/2025

  • The following definitions apply throughout this document. This section is not exhaustive; if a term is unclear, please reach out for clarification before submitting a request. 

    1.1 “Tawnnie Elle Creations” / “Artist” / “I” / “me” / “my”
    Refers to the artist and creator providing the commissioned or purchased artwork.

    1.2 “Purchaser” / “Requestor” / “Customer” / “you”
    Refers to any individual or entity paying for custom work or purchasing art from me.

    1.3 “Physical Art”
    Any artwork created using traditional media such as paper, canvas, or artboard. Physical art may include the original piece and/or print reproductions, depending on the requestor’s order.

    1.4 “Digital Art”
    Any artwork created using digital programs such as Clip Studio Paint, Photoshop, Illustrator, Blender, or other software as determined by the artist.

    • All commissions will be discussed in detail and confirmed in writing (via email, message, or signed document) before any payment is made. This written agreement will define the scope of work, including subject matter, style, size, and intended use.

    • Commission requests must be submitted through the official Google Form provided by Tawnnie Elle Creations. Incomplete or informal requests (e.g., casual messages without the form) will not be considered.

    • Once the scope is agreed upon and work has begun, any significant changes may require a new quote and may extend the delivery timeline.

    • I reserve the right to refuse any commission request for any reason, including but not limited to: content I am uncomfortable with, subject matter outside my skill set, or scheduling conflicts.

    • I am not obligated to create work that conflicts with my artistic values, ethics, or personal brand.

    • Commission slots are limited and accepted on a first-come, first-served basis. Timelines and pricing are only locked in once the agreement and payment are received.

    • Accepted commissions will be added to my public Trello board, where you can track the status of your request.

    • All prices are quoted in United States Dollars (USD).

    • For international clients:  Any currency conversion fees, PayPal processing fees, or bank transfer fees are the responsibility of the client.

    • Payment Method:  

      • All payments are processed via PayPal invoicing only.

      • You do not need a PayPal account to pay — the invoice can be paid with most major debit/credit cards.

    • A non-refundable deposit of 50% of the total commission price is required to secure your spot before work begins, unless a different amount is agreed upon in writing. The remaining balance must be paid in full prior to delivery of the final artwork.

    • Invoices must be paid in full by the due date stated on the invoice. Late payments may result in delays to your commission or cancellation.

    • Filling out the official Google Form does not guarantee acceptance of your commission. Your request is only considered accepted once:

      • I confirm it in writing, and

      • You have received and paid the deposit invoice.

    • Chargebacks and payment disputes: Initiating a PayPal dispute or chargeback without first attempting to resolve the issue with me will result in an immediate ban from future commissions and revocation of any usage rights granted for the artwork.

    • All payments are final unless otherwise stated under the Refunds & Cancellations section of this document.

    • Non-Refundable Deposit: The 50% deposit is non-refundable under all circumstances, including if you decide to cancel your commission.

    • Full Refunds: A full refund will only be issued if I have not begun any work on your commission.

    • Partial Refunds: 

      • If work has begun but is less than 50% complete, you may be eligible for a partial refund of the amount paid beyond the deposit.

      • If the commission is 50% or more complete, no refunds will be issued.

    • Artist-Initiated Cancellations: If I must cancel for personal reasons, you will receive a full refund for any payments made, including the deposit.

    • Missed Payments: If the final payment is not received by the agreed deadline, the commission will be considered abandoned. The deposit will be retained, the work will not be delivered, and the artwork may be resold or repurposed at my discretion.

    • Chargebacks and Disputes: If a chargeback or PayPal dispute is filed without first contacting me to resolve the matter, the commission will be immediately cancelled, no refunds will be given, and all rights to the artwork will be revoked.

    • Acts of God / Force Majeure: I am not responsible for delays, interruptions, or cancellations caused by events beyond my reasonable control, including but not limited to natural disasters, severe weather, illness, accidents, technical failures, supply chain disruptions, or shipping delays. In such cases, we will discuss a new delivery timeline. Refunds will only be issued if I am unable to complete the work within a reasonable extended timeframe.

    • Progress Updates: I will provide progress updates at agreed-upon milestones (e.g., rough sketch, line art, color stage) so you can review the work before moving forward.

    • Included Revisions:

      • Each commission includes up to two rounds of minor revisions at no extra charge, provided they are requested during the designated review stages.

      • A minor revision is a small adjustment that does not significantly change the overall composition, pose, or design.

    • Major Revisions & Additional Requests:

      • Significant changes that alter the original agreed-upon scope — such as changing the pose, adding new characters, or redesigning major elements — will be considered major revisions and will incur an additional fee.

      • Requests for revisions made after the final approval will also be subject to additional charges.

    • Approval Responsibility:

      • It is the client’s responsibility to review each stage carefully and provide clear feedback.

      • Once a stage is approved, any changes to that stage will be treated as a major revision and billed accordingly.

    • Silent Approval: If I do not receive feedback within 7 calendar days of sending a progress update, that stage will be considered approved, and I will proceed with the next phase of the commission.

    • Final Approval:  Once the final artwork is approved and delivered, no further changes will be made without a new commission agreement.

    • Estimated Timelines: An estimated completion date will be provided when your commission is accepted. This is an estimate, not a guaranteed delivery date, and may be adjusted due to workload, complexity of the project, or unforeseen circumstances.

    • Rush Orders: Rush completion may be available for an additional fee. Rush availability will be determined on a case-by-case basis.

    • Client Delay Impact: If the client is late in providing required information, approvals, or feedback at any stage, the estimated completion date will be extended accordingly. Such delays do not entitle the client to a refund or rush service without additional fees.

    • Digital Delivery: Completed digital artwork will be delivered via email, file-sharing service, or other agreed-upon method after the final payment is received in full.

    • Physical Delivery:

      • Physical artwork will be shipped to the address provided by the client after final payment is received in full.

      • Shipping costs, including tracking and insurance if requested, are the responsibility of the client unless otherwise agreed in writing.

      • I am not responsible for delays, loss, or damage caused by postal or courier services. If insurance is purchased, claims must be filed directly with the shipping carrier.

    • Delivery Confirmation: Once the final file(s) or physical item has been sent, the commission is considered complete.

  • 7.1 Artist’s Rights

    • I retain full copyright and all intellectual property rights to all artworks I create, including commissioned pieces, unless a separate written agreement transfers those rights.

    • I reserve the right to display commissioned work in my portfolio, on social media, and in promotional materials, unless you have requested a confidentiality agreement before payment is made.

    • I may create and sell prints, merchandise, or other reproductions of the commissioned work unless an exclusivity agreement is purchased.

    7.2 Customer’s Rights (Personal Use)

    • The client receives a non-exclusive, non-transferable license to use the commissioned artwork for personal, non-commercial purposes only.

    • Acceptable personal use includes: displaying the artwork on personal websites or social media (with credit to “Tawnnie Elle Creations”), printing for personal display, using as a profile picture, or using the artwork as a streaming asset.

    • The artwork may not be altered, edited, or modified without my written permission.

    7.3 Commercial Use

    • Commercial use rights are not included in standard commissions.

    • If you wish to use the artwork for profit — including but not limited to merchandise, advertising, or resale — a separate commercial license agreement must be purchased. Pricing for commercial licenses varies depending on usage and distribution scale.

    7.4 Prohibited Uses

    You may not:

    • Claim the artwork as your own creation.

    • Remove or obscure my signature or watermark.

    • Sell, reproduce, or distribute the artwork without a commercial license.

    • Use the artwork in any hateful, defamatory, or unlawful context.

    • Use the artwork to endorse political campaigns, extremist groups, or organizations without prior written consent.

    7.5 Artificial Intelligence & Data Prohibition

    • The commissioned artwork may not be uploaded to any AI training dataset, machine learning model, or generative image platform.

    • The artwork may not be used in any way that contributes to the creation of AI-generated works, derivatives, or datasets without my explicit written consent.

    • Violation of this clause will result in immediate revocation of your usage rights and may lead to legal action.

    • Private Commissions: If you request that your commission remain private (not posted in my portfolio, social media, or promotional materials), you must notify me before payment is made.

    • Confidentiality Agreement: If a formal Non-Disclosure Agreement (NDA) is required, it must be discussed and signed before work begins. Additional fees may apply depending on the scope and duration of confidentiality.

    • Duration: Unless otherwise agreed in writing, confidentiality for private commissions lasts 6 months from the date of delivery, after which I may display the work in my portfolio and promotional materials.

    • Exclusions: Confidentiality does not apply to work that:

      • You have already made public,

      • Was created for a publicly visible event, product, or platform, or

      • Is required by law to be disclosed.

    • Approved Communication Channels: All commission-related communication must take place via email (TawnnieElle.Contact@gmail.com) or Discord (@Tawnnie_Elle) unless otherwise agreed in writing. Messages sent to personal accounts or unrelated platforms may not be seen or responded to.

    • Professional Conduct: I expect all communication to remain respectful and professional. Harassment, abusive language, excessive demands, or threatening behavior will result in immediate cancellation of the commission without a refund.

    • Response Times:

      • I aim to respond to messages within 2–3 business days.

      • Extended delays in response may occur during weekends, holidays, or periods of high workload.

    • Client Availability: If I request feedback or approval, please respond within the timeframe specified in Section 5 — Silent Approval to avoid delays.

    • No Unsolicited Contact: Please do not send messages outside reasonable hours (based on my time zone) unless it’s urgent and commission-related. My direct messages are not open for unrelated personal conversation unless we have an established friendship outside of the commission process.

    • I am not responsible for delays, damages, or losses caused by events outside my control, including but not limited to: shipping delays, postal or courier errors, technical failures, power outages, illness, or emergencies.

    • I am not liable for any damages, financial loss, or claims arising from your use or misuse of the artwork. This includes but is not limited to: copyright infringement claims, trademark violations, or other legal disputes caused by the client’s use of the artwork.

    • I am not responsible for the final appearance of artwork displayed on third-party platforms or printed by third-party services, as color, resolution, and quality may vary depending on printing and display methods.

  • By commissioning artwork from Tawnnie Elle Creations, you:

    • Confirm that you have read, understood, and agreed to these Terms of Service in their entirety.

    • Acknowledge that these terms form a binding agreement between you (the client) and Tawnnie Elle Creations (the artist).

    • Understand that failure to follow these terms may result in the cancellation of your commission without a refund and possible legal action for copyright or contract violations.