Terms of Use

BY USING SIMON PHOMMANETH'S COMMISSION SERVICE OR BY SUBMITTING A REQUEST THROUGH ANY ONLINE OR OFFLINE METHOD AS A PART OF THIS PROCESS, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS GOVERNING USE OF THE COMMISSION SERVICE, INCLUDING OFFLINE AND ONLINE COMPONENTS.

IF YOU ENTER INTO THIS AGREEMENT ON BEHALF OF A COMPANY, ANOTHER INDIVIDUAL, OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SERVICE.

Definitions

Agreement refers to terms and conditions outlined in this policy;

Service refers tothe commission or specific services identified during the ordering process, created by Artist, including but not limited to graphic design, web design, illustration, character concept design, design resources, user interface design, or other commissioned pieces, tangible or intangible;

You refers to the customer or representative who is authorized to use the Service;

Artist refers to the creator and representative offering the Service, in this case Simon Phommaneth;

Customer Data refers to any and all information, data or material, online or offline, provided or submitted by you in the course of using the Service which includes, but is not limited to: full name, nickname, email address, shipping address, etc..

General Information

You are free to use commissioned works for personal use.

Personal information may be collected, such as your name, e-mail, reference images, and communications between You and the Artist, when a commission is ordered; and is required to complete the process. Note that this information will not be shared publicly without your consent.

Artist reserves full rights to use commissioned works for personal use such as self-promotion. Under these conditions, information such as your name may be shared publicly; if you do not agree to this please advise during ordering process.

Artist reserves the right to deny any commission request. Artist also reserves the right to adjust any information on the website, as well as the price of any commission accordingly; However, the price of a commission that has already been previous agreed upon will NOT be changed.

Full or prorated refunds can be given upon request before the commission/project is complete. The amount refunded is based on the percentage that I deem to completion. Finished commissions are non-refundable, but you are granted minor modifications to digital media commissions within 7 (seven) days of receipt of the finished work.

A full or partial payment must be received after your order is accepted. A watermark may be applied to the images if payment is not received in full.

Image RIghts and Usage

You are granted a non-commercial, single-client right to use the service and finished commission, for your own purposes as per the terms and conditions. This includes wallpapers, cropping the image for avatars/icons, printing the image for personal display, etc. You are allowed to upload commissions created by the artist online, provided that credit is given to the original creator and a link to the original source is provided:
http://www.simon-phommaneth.com

Under no circumstances may you use commissioned work for commercial or profit purposes, including prints and redistribution of the said works, without advance prior written permission.

Artist reserves the right to refuse service and/or cancel the service at his discretion, for any reason. Artist maintains copyrighted ownership of the artwork as its sole creator. Artist reserves full rights to image and its distribution and use unless otherwise specified, and the right to to display commissioned image(s) on any of my websites or my portfolio.

Payment

Unless otherwise specified by written agreement, Artist charges and collects in advance for use of the Service. Fees for other/additional services will be charged on an as-quoted basis. Fees are exclusive of all taxes or duties imposed by taxing authorities, and client shall be responsibile for payment of all such taxes or duties.

All commissions are PayPal only, in USD (American Dollars). Payments are made via PayPal invoices, which will be sent to the commissioner once price and details of the work has been determined.

Full or prorated refunds can be given upon request before the commission is complete. Completed projects and commissions are non-refundable. Refunds will be processed within 72 hours after confirmation of receipt of the refund request.

You agree to provide artist with complete and accurate billing and contact information, and you are responsible for notifying artist if information has changed during or after ordering process.

Should the client knowingly provide information that is false or fraudulent, artist reserves the right to deny you service in addition to any other legal remedies.

If you believe your bill is incorrect, you must contact artist in writing within 10 days of invoice date to be eligible to receive an adjustment.

Commission Procedures

Minor modifications can be made to a completed digital commission within 7 days of delivery. Modifications requested past the 7 day timeframe, as well as drastic changes to the work, may incur additional fees. Major modification requests to traditional media commissions may not be requested.

Digital media commissions will be sent to you via email at its original resolution.

Traditional media commissions will be sent via mail to the address provided by your PayPal account. If there is no confirmed mailing address, Artist will request a mailing address from you. All traditional commissions will be signed on the front and back, and have an additional shipping fee.

Service is provided to you on an "as is" and "available" basis. Artist makes no representation, warranty, or guarantee as to the availability, timeliness, quality, suitability or accuracy of Service or any content.

Artist reserves the right to modify terms, prices or policies relating to Service at any time, effective upon posting updated version of agreement on website at simon-phommaneth.com. You are responsible for reviewing this agreement. Continued use of Service after any such changes shall constitute your consent to such changes.

If you have further questions regarding this agreement or other inquiries, please use the e-mail contact provided.

VIOLATION OF TERMS OF AGREEMENT MAY RESULT IN AN INDEFINITE SUSPENSION FROM USE OF SERVICE IN THE FUTURE.

Last Updated: January 12, 2019