TERMS AND CONDITIONS  FOR COMMISSIONS

Last updated January 31, 2024

 

AGREEMENT TO OUR LEGAL TERMS

The terms and conditions for the commission work performed by ("LuisaDraws") for ("Client") are outlined in these terms. They cover every item and service bought from ("LuisaDraws"). By hiring my services, you accept these terms.

LuisaDraws performs all work with the understanding that the client has accepted the agreements.

LuisaDraws retains copyright on all design work, including text, illustrations, photographs, and graphics, until specifically released in writing and after all expenses have been settled.

 

PAYMENT

• Working on a sketch cannot begin unless the invoice is fully paid through PayPal or another specified payment method, at which point LuisaDraws will not begin.
• Online payment options include credit card, PayPal, Stripe, Revolut, bank transfer, and Wise.
• A written estimate or quotation from LuisaDraws will be sent to the client, along with a link to the terms. Before any work can begin, LuisaDraws must receive acknowledgment and acceptance of the written estimate or quotation.
• The charges for design services performed by LuisaDraws will be specified in the written estimate or quotation provided to the customer. The full amount of the quoted charge becomes immediately due when the client accepts the estimate or quotation, signifying acceptance of the Terms, unless otherwise agreed.

 

ARTWORK CHANGES

• LuisaDraws has the right to decline any change request. For major changes, LuisaDraws may charge an extra cost.
• LuisaDraws will provide the first two minor modifications (a little detail or color adjustment) at no additional cost.
• LuisaDraws may charge an additional fee for alterations made after the second.
• The Client may not delete LuisaDraws' signature from the delivered artwork or project files.
• You may request unlimited changes, but I reserve the right to seek additional funds or decline an adjustment request.
• By consenting in working with me, you agree that no other work may be duplicated, developed from, or utilized as designs for any work created by an artist other than myself. This includes sketching, lineart, and any other artwork technique, as well as use on any (AI) generative artificial intelligence technologies.

 

ORDER PROCESS

• Any indication of the length of a design job provided by LuisaDraws should be considered an estimate by the customer.
• LuisaDraws cannot be held accountable for any project overruns, regardless of the cause.
• The estimated project duration should be taken from the date that LuisaDraws receives cleared funds for the initial payment, or the date verified in writing by LuisaDraws.
• Once LuisaDraws receives the client's approval of the finished design, it will consider the ordered services completed.
• Should this agreement be canceled, LuisaDraws will keep ownership, copyrights, and the original artwork.
• The Client forfeits all ownership rights to the artwork and this Agreement is canceled if the Client files a chargeback against LuisaDraws at any time. You shall forfeit any rights previously specified with regard to your order, and I will be free to make any more money off of it. I'll turn down the chargeback and send PayPal our exchanges discussing the order as proof that I finished the job for you. You won't be allowed to place another order from me in the future.
• Both parties acknowledge that they will not knowingly attempt to bypass the requirements of this agreement and that they will abide by them.

 

REFUNDS

As the client, you will only be eligible to claim a refund for your purchase if one of the following occurs:

• If LuisaDraws does not hold the estimated delivery date, the client can request a refund.
• The client is no longer qualified for a refund after they have received a sketch of the idea. Refunds in part can be discussed.
• If LuisaDraws decides to cancel an order, the Client must receive a full refund if they have already paid.
• You can get a complete refund if you cancel your order before I begin working on it.
• Do not file a PayPal chargeback if you paid using PayPal and are receiving a refund. I'll return the funds to your account.
• If any Refund Fees apply through PayPal, the Client is responsible for paying them.

 

COPYRIGHT AND TRADEMARKS

• All rights not explicitly granted are reserved by LuisaDraws.
• You may not distribute, misappropriate, alter, resell, upload to a distribution media, or use any other service, without my consent.
• Absolutely none of the pictures on this website may be used without my permission.
• Every image on this website, including the shop and portfolio, is the sole property of LuisaDraws.com.
• LuisaDraws is entitled to claim ownership of the artwork. The customer can write to LuisaDraws to request the required authorization to use the materials in ways other than those for which they were initially provided.
• At its sole discretion, LuisaDraws may allow this and impose fees for the extra use. Before using any of the above mentioned artwork, photos, text, or other material, this license must be secured. The customer is granted a license to use the material only for the project specified in the request or scope, and not for any other use.
• LuisaDraws reserves the right to use the artwork to highlight their work, unless the customer agrees to a non-disclosure agreement (NDA).
• LuisaDraws does not have permission to use the artwork for direct commercial reasons. (i.e., they may not resell the artwork to a third party after delivery, unless both parties agree differently in writing.)
• The client may use portions of the artwork in other works, but they may not alter the the content of the artwork itself. The artwork may not be sold by the client separately, but it may be if it is sold as a component of another good or package of services.
• The artwork cannot be redistributed by the Client unless LuisaDraws gives explicit consent to do so.
• Using any of my work, in whole or in part, in any artificial intelligence (AI) generating program is STRICTLY FORBIDDEN.

 

SOURCE FILES

• .PNG/.JPEG files will be provided by LuisaDraws after the project is finished.
• The release of our copyright design source files, such as .CSP, PSD, AI, or other source files or raw code, is not covered by the fees for design services.
• Should the client ask for the source files, there can be an extra fee.
• You acknowledge that these are non-modifiable, with the exception of resizing. It is not permitted to alter or resell the artwork.

 

GENERAL TERMS

• LuisaDraws's artwork is meant to be utilized for [merchandising, branding, and advertising].
• Unless otherwise agreed to in writing by both parties, every artwork made by LuisaDraws is intangible and will be regarded as such.
• A typical estimated delivery time of 10 to 15 business days will be mentioned in the invoice's project description.
• LuisaDraws operates from Monday through Friday.
• Any prior terms and conditions between LuisaDraws and the client are superseded by these Terms. The terms and fees are subject to change at any time by LuisaDraws.