Terms of Service 

1. The Artist hereby sells or transfers the Commission to the Client at the agreed value written in the Commission Agreement prior to the Start of Work.

2. The Artist has the right to refuse any Commission request, without needing to explain the reason.

3 The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.

3a. If at any point the Client has failed to respond to messages or status updates provided by the Artist for a period of longer than one month, the contract may be rendered void and further work will require renegotiation.

4. The Artist will not create any depiction of sexually explicit materials, fetishes, or any form of hateful or racist imagery.

5. The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to the Copyright Laws.

6. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.

7. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

8. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

9. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

10. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.

11. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original [traditional art or the purchased print of a digital art] Commission or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.

11a. The client may not edit, alter, or trace the Commission without the Artist’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.

12. The Client may display the Commission in Profiles as long as the Artist’s name (“Muhammad at-Tayieb” al-Hyari, or “alhyari.art”) is prominently displayed along with a link to www.alhyari.art. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work. Commissions in Profile displays cannot breach Term 10, Term 10a, or Term 14.

12a. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.

12b. Under no circumstances may the Client submit a Commission to any kind of online or offline contest.

13. Digital art Commissions will be provided to the Client via email or an online download location in .jpeg format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist.

The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission); the Client is responsible for all shipment costs.

14. The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. Three additional options are available:

1) The Client can order print(s) via the Artist’s print shop, and pay to have it shipped directly to the Client’s location – these prints will not be part of a limited edition (numbered) run, or physically signed by the Artist; the Client is responsible for all shipment costs.

2) The Client can request the Artist to provide a signed print – these prints will become part of a limited edition (numbered) run, and physically signed by the Artist; the Client is responsible for all shipment costs, including the shipment from the Artist to the Client after the print is numbered and signed.

3) The Client may use the digital (.jpeg) file for local printing, so long as it does not breach Term 11, Term 11a, Term 11b, or Term 16, and the Client obtains written permission from the Artist prior to printing.

15. If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service may be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.

16. The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a change process is agreed upon in the Commission Agreement prior to Start of Work.

16a. Some changes, if approved, will require renegotiation of the timeframe and the fee.

17. The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 18 will be applied as necessary.

18. Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.

19. The Client will not permit any use of the Commission or misuse the Artist’s name in any way which would reflect discredit on his reputation as an artist, or which would violate the good spirit of the Commission.

20. The Artist reserves the right to collaborate with, or supervise, other artists to deliver the Commission.

21. The Artist has the right to pursue damages under the Copyright Laws, should there exist a violation in addition to a breach of these Terms of Service.

22. The Client agrees that it shall not hold Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Artist or of any third party.

23. The Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of the Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist.