Will-O

Will Ofenbauer – Art commissions
T E R M S - O F - S E R V I C E
_{To purchase art, designs or other content made by me, you must agree to the terms and
conditions listed below.
My portfolio, social media and commission examples can be found here:
https://will-ofenbauer.carrd.co/
The Terms of Service can be changed when I see fit without notice but you can find a change log
at the bottom. Changes made after a commission has been accepted won’t affect that
commission.
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:}T a b l e - of - C o n t e n t s
1.【ENGAGEMENT】
2.【TIMELINE & PROCESS】
3.【REVISIONS】
4.【RIGHTS & USAGE】
A. Artist Rights
B. Client Rights
C. Personal Use
D. Commercial Use
5.【PAYMENTS】
6.【CANCELLATIONS & REFUNDS】
7.【ARBITRATION】
8.【ACCEPTANCE】
9.【TERMINATION】
Change Log1.【ENGAGEMENT】
_{TLDR: You need to give me any references, information and requirements upfront. Anything you
don’t specify, I may decide on my own. You need to have ownership or permission to use the
character you want me to draw. I can refuse any project for any reason. The details of the
commission (e.g. price, features) are defined and agreed on before I start working.}A. Client provides clear and complete requirements and expectations upfront, including
reference materials or assets before Work begins. Anything not provided by the Client is up to
the Artist’s discretion.
B. If the reference materials provided by Client are not sufficient, e.g. the Artist must do
additional character design or find fitting references that the Client agrees upon, with the Client
providing none of their own, an additional 5€ fee will be added.
C. 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.
D. Client warrants that the character design and reference material provided to the Artist
are legally obtained and authorized for use by the Client.
E. 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.
F. Artist reserves the right to refuse projects or requests for any reason.
G. Artist defines scope of work, features, price, and other details for the project in a
proposal in a format according to Artist discretion which may include private message through
Discord, Instagram, BlueSky, VGen platform, Google document, or email. The details set forth
by the Artist shall be agreed upon by the Client before work begins.
H. Ongoing communication and discussion will occur throughout the project, including but
not limited to work in progress, idea generation and collaboration, situational updates, and
more.
I. Communication channels may include a Discord server, Discord, Instagram or Twitter
private messages, or others according to Artist’s discretion.
J. Artist response time may vary, up to one week in order to provide better or more
concrete updates.
K. Longer gaps in communication (e.g. vacations or illness) on both sides should be
communicated beforehand or as quickly as possible.2.【TIMELINE & PROCESS】
_{TLDR: I will finish the commission within 1 week minimum and 3 months maximum (for most
commissions, 1-2 weeks is normal). The time taken can vary between commission types and
you should plan accordingly. I will reach out to you for feedback depending on the commission
type.}A. The time for a work completion is agreed upon by the Client and Artist individually based
on the commission type.
B. If there are any delays and adjustments to the timeline, the Artist will inform the Client.
C. The maximum time for a work completion is 3 months, however the Client must agree to
a delay of a maximum 1 month if it is requested by the Artist.
D. Artist provides progress updates and seeks Client feedback voluntarily.
E. Final works are provided by the Artist using the VGen platform, Google Drive or similar
file transfer tools.
F. Clients have the right to request refunds 3 months after deadlines if work has not been
delivered and there was no agreed upon amendment to the timeline.3.【REVISIONS】
_{TLDR: There is a set amount of revisions per commission type that is for free, for additional ones
a fee is required.}A. Major revisions are revisions where 50% or more of the standing commission needs to
be reworked, while minor revisions only require less than 25% of the standing commission to be
reworked.
B. Per the various commission types, a different number of major revisions is included in
price, minor revisions are free during the sketching process.
C. If additional revisions are requested by the Client, they are required to pay an additional
fee equal to 25% of the original commission’s price for each added major revision.
D. Revisions may affect progress and timeline. For each major revision the Artist is able to
have an additional 3 days of work on the commission.
E. After line art, only minor revisions are allowed.
F. Minor mistake fixes may be made at the Artist's discretion (e.g. character features like
scars or birthmarks) without a price increase.4.【RIGHTS & USAGE】
_{TLDR: I am the owner of my artworks and can use them on my social media, portfolios and
other media. You get personal use rights (or commercial use rights for a fee). See Section 4C for
what personal use means. See section 4D for what commercial use means.}A. Artist Rights
a. 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 (i.e. Youtube, Patreon, Twitch)
and more.
b. Except by the Client and any authorized personnel, the Artist's Work must not be
reposted or used in any capacity by any other party without express written permission.
B. Client Rights
a. Client receives exclusive, non-transferable usage rights to the Work for personal use.
Refer to Section 4C.
b. 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.
c. Client must not edit or modify Work in any way without prior permission from the Artist.
C. Personal Use
a. 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.
b. 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.
c. Personal use does not apply to Clients who are commissioning Work to use for a
company or business.
d. Art commissioned for personal use is non-transferable and non-commercial for an
indefinite period.
e. The Artist and Client acknowledge 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) outside of the development of
Work, 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.
D. Commercial Use
a. Commercial use is not permitted, unless agreed upon individually between the Artist
and Client.
b. Commercial use 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. The
exact type of use must be discussed and agreed upon by both parties which may also affect the
fee.5.【PAYMENTS】
_{TLDR: Depending on the worth of the commission, you may have other payment options. Some
projects may require a contract.}A. Client pays upfront for the commission as long as the cost is equal to or below 150€
value or pays a 50% down payment for higher value projects.
B. In case of the 50% down payment that comes with a commission cost of above 150€,
the other 50% are due once the project is finished.
C. In case of projects above 400€ value, the Artist may decide for a contract to be agreed
upon and signed by both parties.
D. The invoice, proposal or payment link will be sent to the Client when the Artist is ready to
begin work. Clients must not send money before these requests for payment from the Artist.
E. By agreeing to the service, 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.6.【CANCELLATIONS & REFUNDS】
_{TLDR: Refunds are possible based on the time between the request cancellation and the time
spent working.}A. If Client requests cancellation before the Artist has begun working full refund is
available.
B. After work begins, there is a window of opportunity for refunds the length of 3 days for
partial refund of 50%, after which there are no available refunds.
C. If the Artist cannot complete work or there are delays as detailed in Section 2 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.7.【ARBITRATION】
_{TLDR: If you violate the terms set in this TOS, I am allowed to seek damages.}A. In case of breach of contract, I am allowed to seek damages through monetary means.8.【ACCEPTANCE】
_{TLDR: You’re an adult or have a parent/guardian who gave you authorization and are aware of
what the contract entails.}A. Client is a legal adult or has parental/guardian authorization.
B. Agreement date is upon first inquiry/communication or first transaction. You agree to
these terms when you submit a request after this point.
C. For the purposes of this contract and any possible dispute resolution that may arise,
exclusively Slovak law applies.9.【TERMINATION】
_{TLDR: If you or I need to terminate the project or postpone it, we discuss it together.}A. Termination of the contract entails fully and indefinitely stopping work on the
commission while pausing work is only for a definite amount of time.
B. Pausing the commission is done as per the 2B and 2C points in the Timeline and
Process sections.
C. Full termination is agreed upon through a written message and agreement between both
parties. Any refunds are done and available as per the points 6B and 6C described in the
Cancellations and Refunds sections.Change Log
16.08.2025 - TOS written