Terms of Service

• Dutch clients have extra payment options compared to international clients.

  All clients will agree to the following terms:

  • Payment must be made on or before the date stated on the invoice, or the artist must be notified of late payment at least a week beforehand.
  • If the client fails to notify about a late payment on time, a 5% fee will apply;
  • Second failed payment of an invoice will add a 10% fee.
  • Third failed payment of an invoice means project cancellation.
  • The artist will cease to work on the project until the client has caught up with their payments.
  • Payment must be made through the billed service.
  • Convention commissions may be paid upfront through cash or card and picked up at the end of the day.
  • Exception: Digital or shipped commissions will be e-mailed to the client or shipped to their home address (shipping charges apply) and may arrive after the convention.
  • Invoices are charged in Euros. No other currency can be accepted at this time; Paypal and Stripe convert the client’s currency to Euros automatically.

The duration of the project will be determined beforehand. Pan-tastique will stick to this given timeframe, but upholds the right to notify the customer of late delivery, given one of the following reasons applies:

• Irreparable hardware and/or software failure causing the file to be lost or leaving the artist unable to do any further work on the project;
• Family disaster, such as death or significant illness;
• Personal illness;
• School-related delays.

To ensure the project is fulfilled on time, the client promises to:

• Answer e-mails, calls or texts from the artist in a reasonable time;
• Give their honest opinion during reviews of the project’s progress;
• Not ask for any extra work without extra payment and/or extension of the deadline.

In all other cases, Pan-tastique is responsible for the delay and will either:

• Partially refund the project’s cost (up to 15% in case of a delay);
• Give a discount for a future project (up to 25%); or
• Work the extra time required after the deadline for free.

The deadline cannot be moved forward (e.g. from January 10th to January 3rd) by the client upon agreeing on a date, and can only be pushed back (e.g. from January 3rd to January 10th) by the artist after checking with the client.

In short, a commercial use license is a license that allows the client to use the artists’ work in a way that makes them money. 

The following entities must purchase a commercial license:

• Charities intending to use the artist’s work to raise money
• Individuals intending to use the artist’s work to sell, advertise, use in YouTube videos, and any other way that is financially profitable to them
• Companies intending to use the artist’s work in any way that is profitable to them

Pan-tastique offers three types of licenses.

1 – Non-exclusive license

The client:

• The client receives the right to use the work in one profitable way, predetermined in the agreement;
• The client must purchase another license to use the work in other ways than mentioned in the agreement;
• The work commissioned by the client MUST be safe for work;
• The client cannot edit, reuse or repurpose the work in any way other than agreed to without the artist’s permission;
• The client must give the artist credit for their work, no matter where it’s used;
• This license does not expire.

The artist:

• The artist can add the client’s commission to their public portfolio;
• The artist cannot sell the client’s commissioned work or any intellectual property featured, but can edit, use and reuse the work in any other way the artist pleases. (Advertising, etc)

2 – Exclusive license

• The client receives the right to use the work in one profitable way, predetermined in the agreement;
• The client must purchase another license to use the work in other ways than mentioned in the agreement;
• The work commissioned by the client MUST be safe for work;
• The client cannot edit, reuse or repurpose the work in any way other than agreed to without the artist’s permission;
• The client must give the artist credit for their work, no matter where it’s used;
• The commercial license does not expire;
• The exclusivity license lasts as long as agreed upon and must be renewed; the initial license can last up to two years.

The artist:

• The artist cannot add the client’s commission to their public portfolio for an agreed-upon time, up to two years;
• The artist cannot sell the client’s commissioned work or any intellectual property featured and cannot edit or reuse the work for an agreed-upon time, up to two years.

3 – Copyright buyout

• The client receives the right to use the work in any profitable way they see fit;
• The client does not need to purchase any additional licenses;
• The work commissioned by the client MUST be safe for work;
• The client can edit, reuse or repurpose the work in any way they see fit;
• The client must give the artist credit for their work, no matter where it’s used;
• The commercial and copyright licenses do not expire;
• The exclusivity license lasts as long as agreed upon and must be renewed; the initial license can last up to three years.

The artist:

• The artist cannot add the client’s commission to their public portfolio for an agreed-upon time, up to three years;
• The artist cannot sell the client’s commissioned work or any intellectual property featured and cannot edit or reuse the work other than to include it, as-is, in the artist’s portfolio or on the artist’s social media.

Optional: Royalties

In some cases, the artist may request royalties rather than, or in addition to, the purchase of a license. These cases entail: 

• Illustrations for books, magazines or other paper publications that are expected to sell a large volume;
• Artwork for video games that are expected to sell a large volume.

The client gets special rights in exchange for royalties:

• Use the artwork in any and all promotial material;
• Use the artwork in art books, or certain merchandise items.

Client:

• The client can print their commission to hang it on their wall or gift it
• The client can use their commission as a background on their devices
• The client can use their commission as a banner or icon on social media, given the client credits the artist
• The client can repost their commission on social media, given the client credits the artist
• The client cannot resell the commission, make prints or merchandise or in any other way make money off the commission
• The client cannot edit, alter, crop or otherwise change the commission without the artist’s commission (the exception being line-art or sketch commissions, which may be coloured by the CLIENT only)

The artist:

• The artist can add the client’s commission to their public portfolio;
• The artist can edit, use and reuse the work in any other way the artist pleases. (Advertising, etc)

If the client’s commission features any of the following, the artist cannot resell it:

• Names, faces or anything else depicting the client or family members/friends of the client
• Any commission depiciting real people that do not represent a fictional character (e.g. NOT a portrait of Jennifer Lawrence, but YES a portrait of Katniss Everdeen).
• Intellectual property belonging to the client.

If the commission features ‘generic’ fanart, the artist may choose to resell it in small numbers. If you do not wish to have your commission resold, please request this and the artist will respect this.

I have received requests before to trace off photos or other artists’ work. I have only one thing to say regarding this:

Under no circumstance, whether it be a commission or a request, will Pan-tastique trace over art or photos for paid work. Poses may be used as reference, but the artist will not use someone else’s work to create his. Please do not make such requests.

The artist will not produce the following pieces with copyrighted characters:

• A commercial license will never be granted for work featuring copyrighted characters.
• A commercial license will never be granted work work featuring fan characters.
• The artist will not draw copyrighted or fan characters in any NSFW depictions.
• The artist is not responsible for any DMCAs resulting from commissions featuring copyrighted characters that the client may receive. 

Third party means real people. The artist will not draw the following:

• Real people you are not related to (a spouse or significant other counts as a relation; the artist will not draw ‘lolcows’, or random people in the client’s life); 
• Real people and/or their original characters OR fan characters which the client doesn’t have permission to use;
• Celebrity ‘ships’ the client has made up;
• Clients ‘shipping’ themselves with celebrities.
• Even if the client knows the third party, they must have permission from the third party for the artist to draw them if it’s a romantically inclined piece. 

I accept ‘NSFW’ commissions, under these conditions:

• NSFW commissions will not contain my signature, or will be otherwise related to the ‘Pan-tastique’ brand.
• NSFW commissions will never appear on my website or social media.
• Do NOT tag or credit Pan-tastique in NSFW commissions. The artist has a separate account intended for that.
• NSFW commissions always pay the ‘private commission’ fee.

I accept ‘private’ commissions; commissions that are not commercial in nature, but aren’t intended to be shared online. These commissions are charged an extra fee.

General things the artist will and will not accept.

Will accept:

• Payment through available channels the artist is offering
• Payment upfront, or partial payment upfront and before delivery
• ‘NSFW’ artwork commissions
• Requests to print digital commissions (in exchange for payment)
• Commissions depicting violence and/or gore
• Original characters
• Fan characters
• Fan art
• Romantic art

Will not accept:

• Art depicting and/or supporting racism, sexism, homophobia, slurs, or any other kind of violation of human rights
• Pornography
• Any kind of payment after delivery (all payments must be made in full before the client receives the piece)
• Minors or fictional characters in ‘NSFW’ depictions

Pan-tastique upholds a very strict refund policy.

• Refunds can only be given if the entire project was paid upfront, in which case, a maximum of 75% can be refunded.
• No refunds shall be given for work that has already been done.
• No refunds shall be given for work that has already been delivered.
• The initial deposit is non-refundable in all cases.
• The artist will only refund if the artist has made a mistake. In all cases, the artist will try to fix his mistake without the need for a refund.
• Money lost due to currency conversion will not be reimbursed.