ORtch's Commission ToS
last modified 2/4/2026
Defined Terms
(the) ToS, will refer to this contract in its entirety.
(the) Seller, is the individual or institution providing an artwork.
(the) Client, is the individual or institution, requesting or purchasing a Commission from The Seller.
(the) Product, is the artwork or artworks that the Seller produces, as a result of a Commission.
(a) Commission, is an order, from the Client, for a service to be provided by the Seller, which results in the creation of a Product, this includes any communications sent by the Client to the Seller.
(a) Revision, is any change from the originally discussed or provided Product, as determined by the Seller.
Sharing, is the act of making the Product available to view or access, in any way, to any party or entity other than the Seller.
1. Expectations
.The Client must be 18+ years of age and legally able to agree to this ToS, or have their legal guardian do so, before requesting a Commission.
.The Client must fully comprehend and agree to this ToS, before requesting a Commission from the Seller.
.The Client is expected to behave in a calm and respectful manner, disrespectful conduct may result in a Commission being canceled.
.The Client may be required to provide certain information including but not limited to, Email address, tax jurisdiction, Age and any other pertinant information to the Seller's fulfillment of legal and
business obligations.
.The Client must clearly communicate all requirements of the desired end Product, before the Seller begins work.
.The Client can not provide any reference materials that they do not have permission to use, or that the Seller does not have permission to use, for the intended purposes during the
Commission process.
.The Client must communicate any desired changes to the Product when prompted, lack of timely and easily understood communication of such is considered full approval of the state of the
Product.
.The Seller will send Commission related communications via Email or mutually agreed upon communications platforms.
Mutually agreed upon communications platforms will be determined before the start of a Commission, by both the Seller and Client.
.Before the Seller starts work The Seller and Client must agree upon a method of delivery for the Product.
.It is the Clients responsibility to select a reliable delivery method and to maintain access to it.
The Seller is not responsible for any issues that result from the chosen delivery method such as, errors in file transfer, unreliable services, or inability for either party to use or access service.
The Seller has no further responsibility to the Client after submitting the Product for delivery through the agreed upon service.
2. Limitations
.This ToS is for non commercial use Commissions, if the Client wishes to profit from a Product, there will be a separate Agreement, to handle such a Commission
.The Seller may refuse, or cancel a Commission or Client for any reason, without explanation, with or without a refund, as determined solely by the Seller
.The Seller shall not be held liable in any way to the Client, for anything relating to a Commission or Product
.There are no refunds for work already done, and the Client agrees not to take any action to reacquire funds sent to Seller
.The Product will be produced as a 3000x3000 resolution png file for noncommercial private use, and a 1080x1080 jpeg file for use when Sharing the Product
.The Client may also receive WiP files, or additional files, unless stated otherwise, all files are for noncommercial private use
.The Seller will retain all rights to use, sell, and distribute the Product
.The Client grants the Seller non-exclusive rights to replicate, modify, profit from, produce, and distribute a Product in line with, inspired by, or derivative of the Client's Commission
.Any copyrighted materials, designs, trademarks, or intellectual properties featured in a Product will remain the properties of their respective owners.
.The Client can not request for the Seller to generate a Product featuring any copyrighted materials, designs, trademarks, or intellectual properties unless the Seller has permission to
use them for the requested purpose.
.The Client can not request, pay, or use, any entity other than the Seller to complete, modify, or build off of the Product, without consent from the Seller, even in the case of
a Commission being canceled.
.The Client can not use or willfully allow the Product to be used in conjunction with, in development of, or in relation to, any AI models, AI datasets, NFTs, cryptocurrencies,
technologies or inventions current or future related to the prior exclusions, or any current or future technologies with the goal or affect of making the Seller's creation of
a Product redundant or obsolete.
.The Client can not use the Product with, or in relation to anything that the Seller believes to be, amoral, reprehensible, or potentially harmful.
.The Client does not have or receive the rights to among many other things, distribute, reproduce, profit from, trade, translate, or in anyway modify the Product
.If the Client has reason to believe that a use may violate this ToS the Client is required to request clarification and permission from the Seller, before proceeding with the use in
question.
this needs clarification and don't require hyper link
.When Sharing the Product, the Client is required to credit the Seller by stating something akin to "artwork by @ortch" and using a form of the Product where the
Seller's signature is clearly visible.
.When Sharing the Product, both the Sellers social media handle(@ortch on bluesky, pixelfed, and cara) and signature must be in immediate proximity to the Product, to the furthest extent reasonable.
What this means
.When printed or otherwise physically reproduced, the Seller's signature must be viewable on the same surface as the Product.
.If used in a social media post or article, the Client must credit each occurence of the Product with the Seller's social media handle, i.e a text bubble directly below the Product
.If used as a social media avatar the Client's profile description or bio must credit the Seller's social media handle.
.The Client can not credit anyone other than the Seller for creating the Product.
3.Misc
.Revisions are evaluated as separate Commissions by the Seller, requiring the creation of a different Product, meaning they will cost more, and may be denied by the Seller.
.Excessive Revisions may cause delays, requiring the deadline of the original Commission to be extended.
.Revision type and price is determined solely by the Seller.
.The Client may request 3 small Revisions without paying extra.
.The Client may request that the Seller crop the image and sign it again( for use as a profile icon, etc) as a small Revision.
.The entire Commission process usually takes 1-4 weeks and should not take longer than 3 months, not including delays caused by, Revisions, the Client's actions, or longer Commissions.
.The Client can not distribute or make public any information, without the Seller's consent, that The Seller shares in confidence, including but not limited to, any personally identifiable
information, marketing or business plans, non-public business information, or any correspondance.
If any section of this ToS is determined to be unenforcable, then that section will be limited to the least extent possible and the spirit of it shall be maintained to the furthest extent permitted by law