Zideways Commissions and OOAK’s - Terms Of Service Policy

By requesting a commission or custom OOAK from Zideways then you agree to this Policy

Last updated: 25/10/2021

By commissioning me in any kind of way, you are agreeing to the terms of service below.

Any statement can be bound to change if discussed with me, the creator, prior to the commission.

I. GENERAL TERMS

- Please write in a clear and polite manner when messaging. - Provide clear references when required.

- Any ill behaviour will not be tolerated and your commission will be cancelled if it occurs.

- The curator has the right to decline or cancel a commission for any reason. 

- Commission prices are subject to change, but price changes will not apply if a client is in the queue for a commission and they made their commission request before the change took place. 

- Clients must state whether their commission will be used solely for personal use or if they intend to use it commercially and potentially profit off of the work. Commercial work will always inquire about an additional fee.

- Clients must state whether or not they would like their commission to remain private. Private commissions may include an additional fee. 

- If a client requests a commission that has a deadline of a month or less, rush fees may apply.

II. PAYMENT

- All commissions must either be paid in full upfront or 50% of the original Invoice as a deposit upfront and the remaining 50% once completed with any extra costs from changes and extra time spent. (if asked for a second invoice outlining this can be sent)

- The only current currency accepted is NZD. - Payment can only be made either via PayPal, cash or bank transfer.

III. PROCESS

- The client must provide a clear idea of the work they would like. The curator will then provide the client with the cost up of materials, tools, their current commission slot number, estimated time. (subject to small change no more than 20%in the creation time) and a flat basic sketch of any commissions if asked for. 

- Work will be started once either full payment has been received or deposit and agreement have been received.

I, the curator, will confirm with the client that I have received payment. - more Work In Progress photos can be given to the client in the form of low-resolution JPG images via a chat tool (Instagram, Facebook, txt) if asked for. (one will automatically be sent at the beginning of the creation process. so you have a chance to let us know if you’d like any adjustments.) 

-If the client has decided to pay the 50% deposit, the remaining amount must be paid before the finished commission can be posted.

- Any time-consuming changes will inquire an additional fee. The first small change is free. Any further changes will require the additional time added to the full final price (for example an extra line of pleats will add another half hour to the 4hour commission). Changes will not be made until the commissionee has confirmed acceptance of the new price

- the curator will inform the commissionee if there is a queue for commissioned work and will keep them informed of

their place in line.

-If asked for, I, the curator can supply a photo of the finished commission on a mannequin or business associate closest to your size. 

- Official photos can be taken in a proper photography studio and touched up/edited for a small prior agreed extra fee (around $5-$20)

IV. CUSTOMER SATISFACTION

- I, the curator, will do everything I can to make my clients happy.

- However, changes cannot be freely made after the work is complete and the client has received their commission(s) extra charges will apply.

-I, the curator, ask that the client be clear with what they would like from the beginning to avoid any major issues and minimize the chance of needing changes made.

V. COPYRIGHT/USAGE POLICY

- I, the curator, hold every right to the produced content of the commission being made, not the client. (for example; photos, videos, etc)

Therefore I am allowed to use the content to:

- Promote the business

- Display it anywhere to my liking

- Post it wherever I want. 

(Unless the client has discussed and paid for it to be a private commission)

The client is allowed to:n

- Keep the finished commission. (unless agreed otherwise.)

- Share the artwork on their own social media pages and/or use the art to promote themselves with proper credit given to the curator.

If you break the copyright infringement in any way, You will not be considered for a commission again*

*depending on the size of the commission legal action may be taken.

The following is considered Copyright infringement: 

- Reproducing/using the commission commercially. (unless stated and paid for in original order)

- Taking credit for the creation of the commission. - Removing any watermarks/signatures from official photos.

- Altering the commission without my, the curators, consent. (includes the removal of tags/labels)

A Purchase of Commercial rights to the commission is discussable (in the past it's been around 400% of the original price) With commercial rights, you are allowed to make any sort of merchandise with the artwork, change it to your liking and promote your own brand with it. 

Private commissions will always inquire about a 20% fee. (Disscussable)

VI. CANCELING/REFUNDING POLICY

- I have the right to cancel and refund the money for your commission at any time.

- The client may only request a cancellation and refund during the first Sketch/pattern/cost up phase.

- If a cancellation is requested during the ordering/creation phase, no refund will be given. 

- 100% refunds will never be made once the work has been started.

- If payment has not yet been made the client has the right to cancel the commission.

- If you return the commission to me, your right to everything I have ever made for you will be retracted and I have the right to sell the copyrighted commission to new buyers. (buyback may be considered - not promised)

- If you break any of our policies you will be forbidden to commission me, Adriana Bamberger and the company of Zideways, ever again.

Any statement can be bound to change if discussed with me, the curator, prior to the commission.

By commissioning Zideways you agree that you have read, understand, and agree to these terms of service as attested by my signature:

Client's Name (Print):                                                  Client's Signature:                                        Date:   /    /

As always if you have any questions message, or email us.