Terms of Service

BAOTIMESTWO TERMS OF SERVICESubject to Change Without Notice.
Last Updated 12 Feb 2023

By commissioning me, baotimestwo, you agree that you have read and accepted all the terms described herein. You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me. If you have any questions, please contact me through my business email: <[email protected]>Violators may be added to my blacklist indefinitely and without warning.

  • New Update!

12 FEB 2023

  • 18+ Only. Well, there's exeptions. Read more about them in the terms!

11 FEB 2023

  • New. New. New! I have completely overhauled my terms of service for future clients. Any new orders will be operating with these terms in mind.

1. USER AGREEMENT

These terms help define the relationship between you (the client) and baotimestwo. For the sake of building a foundation of trust between us, these terms must be agreed upon between you and me before any compensation or work is exchanged. Throughout this document, I may refer to myself with “baotimestwo,” “Bao Bao,” “I,” “me,” and “my,”— all of which refer to the artist affiliated with the baotimestwo branding.Additionally, these terms are subject to change without notice at any time. If you decide to continue to use my work after these changes are posted you will be deemed to have accepted the change. You may reject these terms at any time by ceasing all use of any work by Bao Bao.

2. YOUR RELATIONSHIP
WITH BAOTIMESTWO

By commissioning me, you are purchasing my service as an artist only. In this section, I will outline my expectations for you and my boundaries.

2-1. CLIENT EXPECTATIONS

  • Know the expectations. You, the Client, will be expected to first read my TOS and understand my general Commission Prices.

  • Be 18 years old or older. All clients must be 18 years old or older. If you are under 18 years old, you must obtain parental permission before agreeing to legal documents or sending payments.

  • Credit me! You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me.

  • You cannot try to claim my work as your own work. You may not upload or host my work in any gallery that is intended to display your own work only.

  • There are strict terms for reproduction.

  • You are NOT authorized to change, modify, edit, or use my works without my permission.

  • You are NOT authorized to trace over my artwork in any way, including the use of the artwork as a “base.”

  • You may use the artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.

  • You may not use the artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed.

  • You may not use the artwork for AI-related purposes, commercial or non-commercial. No discussion. Please do not upload it to any AI sites as this could compromise my artwork.

  • You may not use the artwork for NFT usage, commercial or non-commercial. No discussion.

  • You reserve the right to print or create an otherwise physical reproduction of the artwork as long as it is for your PERSONAL use only (i.e. NOT for sale) unless otherwise discussed.

  • You retain the rights to your character designs whether designed externally or designed by me for you (i.e. adoptable character designs).

  • Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment.

BY PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS CAREFULLY BECAUSE YOU WILL BE BOUND TO THE MOST RECENT VERSION OF THE TERMS WHENEVER YOU USE MY ARTWORK.

2-2. ARTIST BOUNDARIES

  • I reserve the right to post your finished artwork in my gallery for any reason.

  • I reserve the right to decline any project or client for any reason. There are reasons that will lead to likely rejection.

  • R18+ (i.e. explicit nudity, fetish art, etc.)

  • Heavy mecha

  • Heavy undistorted gore

  • Uncomfortable topics

  • I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason.

3. COMMERCIAL USAGE AGREEMENT

  • If you, the client, wish to order a commission for commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.

  • Cases that are considered to be commercial usage include but are not limited to reproducing and selling the artwork (publicly or privately) and cases where you receive profit from a medium/platform where you have posted my artwork (eg. Patreon, YouTube, Twitch, a personal site, business cards, etc).

  • Please be ready to state exactly what the image will be used for (i.e. specific types of merch, specific platforms, etc). If this is for an advertising campaign, please state the length of the campaign and how this image will be used.

  • As a guide, I will provide estimates of the commercial fees you can expect me to charge. The minimum price increase is 100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit.

  • If this image will be used as social media promotion for platforms like Twitch, YouTube, or Twitter, the minimum increase is 100%.

  • If this image will be used for other forms of promotion like being displayed on a personal website or being printed on to a business card, the minimum increase is 200%.

  • If this image will be used as part of a merch or advertising campaign, the minimum increase is 300%. This rate will fluctuate largely based on the length and extent of the campaign.

4. COPYRIGHT

  • I reserve the right to sign and/or watermark my own work. I will send you a full-resolution image (by email or via google docs), but my signature will remain on both the full-resolution and smaller versions of the Artwork.

  • You are responsible for protecting your ownership over rights to a character design made by me by creating a copy image with your name added as well (ie. through a watermark) when uploading on external sites.

  • I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon. In the case of a Public Commission, I may do whatever I wish with the art (eg. post it to other sites such as Instagram) but will give proper credit to you for ownership of the character’s design. Credit for ownership will continue going to you—the last owner on file—until an update of ownership is communicated to me.

  • In the case of a commission, I will not claim the rights to a character design unless it was one of my own designs. Therefore I will not reuse/resell the Artwork for personal or commercial projects unless agreed upon. In the case of an adoptable design, I will not reuse/resell the rights to the design once ownership is transferred to you, the client. Again, you retain the rights to your character designs.

4-1. PRIVACY REQUESTS AND
NON-DISCLOSURE AGREEMENTS

  • If you wish for your request to be private, it must be stated during the ordering process.

  • I reserve the right to charge a fee if I deem fit. The NDA (non-disclosure agreement) fee usually starts at +5% of the total quote, but it might differ; The bigger the project the bigger the fee.

  • The privacy request entails that I am not allowed to share any WIPs on social media, nor am I allowed to stream the process of the commission anywhere. However, this also means that you must refrain from sharing any such spoilers yourself. The fee will not be refunded if you spoil the content yourself after making a privacy request.

5. COMMISSIONS

This part is very long, but it will guide you through the actual commission process. Please pay special attention to this procedure so your commission can be processed and completed smoothly.

5-1. INQUIRY AND QUOTING

  • You are expected to fill out the Commission Ordering form on my website. If you have questions about the form, please email me through my business email: <[email protected]>

  • You will then get a reply from me discussing the details (if needed), then I will confirm your slot. For the sake of keeping good records, most commission-related communications will be through email.

  • I reserve the right to make changes to your request as I see fit unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements in the form.

  • If your character is extremely detailed, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (eg. change the character, agree to simplified design changes) before the transaction is complete.

  • Please make your request concisely worded with minimal abbreviations, so as to make the note clear to read.

  • Any emails, private messages, and comments that you send will be understood in English.

  • Anything outside of English will be interpreted through Google Translate which is unreliable. In this case, expect numerous miscommunications.

  • Before taking part in any transaction, you are required to wait for a reply so that we can discuss the details.

  • After everything is processed and confirmed, I will send you an invoice. You need to confirm the payment with me before I start your order.

5-2. PAYMENT

  • I am not responsible for any mistakes that are made on your part over the course of the transaction.

  • I will only accept USD via Paypal as payment. You are responsible for making currency conversions.

  • It is expected that you deposit 100% of the price upfront before I start. No exceptions unless otherwise discussed.

  • I will initiate the transaction to avoid accidental transactions. Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment.

  • Payments via Paypal are sent via Invoice method only unless otherwise stated. I will cover the Paypal fees as it is expected from the Artist per PayPal ToS. What you see is what you will have to pay.

  • I do not accept payment from shared PayPal accounts unless you are not of legal age and use a parent/guardian’s PayPal account.

  • If payment is not made in a timely manner—within 24 hours—after I've placed the invoice, the commission will be canceled. After this period, please resubmit your commission inquiry.

  • Repeated counts of commissioning a project and failing to pay will result in blacklisting.

  • For auctions, you are NOT allowed to retract your bid. On your first problematic transaction, you'll receive a simple verbal warning. The next time you back down from the auction you will be blacklisted and refused the opportunity to bid in the future. Only bid if you are sure you can pay your bidding.

5-2a. PAYPAL DISCLAIMER

  • Please note that all of my sales are "Digital Artwork" and it is the Artwork’s "Intellectual Property" that is purchased by you, the Client.

  • Nothing is ever intended by either me or the Client, to be physically shipped to them.

  • I am not required ever to ship any item unless it was explicitly discussed.

5-2b. REFUNDS

  • I can refund 100% of the payment only if I have not started working on the sketch.

  • Once I start the sketch there will be NO REFUNDS.

  • I can only refund around 80% if there are errors in PayPal fees, taxes and/or transfer fees.

  • If I cancel a project, I will reimburse the lost fees and refund 100%.

  • If we agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your said deposit if you back out of the Payment Plan.

5-2c. CHARGEBACK

  • You are NOT authorized to issue a chargeback for any reason.

  • If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.

  • You are required to contact me when you need to cancel a commission request.

  • Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts.

5-3. QUEUE / SCHEDULING
/ WORK SPEED / DEADLINES

  • I usually take up to 3-5 days to respond to your initial order inquiry.

  • If there is no response within 7 days, please email me directly through my business email: <[email protected]>

  • You reserve the right to set a deadline for your commission. This deadline must be disclosed prior to payment.

  • I have the right to decline a project if there is too short of a time allowance. I reserve the right to take up to 3 weeks to begin work on your project, and an additional 4 to work on said project.

  • If you did not alert me to a deadline, you must not send reminders until this 4 week's buffer period has passed. Reminders will be ignored if they relate to work that I have prioritized above your project, including other commissioned and non-commissioned work.

  • If due dates are discussed, it is also the client's responsibility to ensure prompt communication. I will not be held responsible for late delivery.

  • No harassment over my work speed will be tolerated, regardless of the time that has passed.

  • I will work on commissions randomly. This means I will work on the piece I'm the most inspired/ comfortable with at the moment.

  • You reserve the right to be notified of any delays.

5-3a. RUSH FEE

  • In some cases, I am able to accept a rush commission that would bring your queue up forward significantly.

  • Rush fees are at least + 25% of the commission. Fees might vary at my sole discretion depending on the project and the timeframe provided.

  • Dates provided are subject to change. I will discuss these if we have specific deadlines established.

5-4. REVISIONS AND FEEDBACK

  • It is your responsibility as the client to ensure your order contains the details you want me to follow.

  • After 100% of the payment is completed, I will send a sketch or some other form of a WIP (‘work in progress’) image.

  • WIP images will come in the form of .jpg or .png files as an attachment in an email or a DM.

  • I will only send a guaranteed WIP for the Sketch, but you are free to request a WIP at any given time.

  • Each time I send a WIP to a client, I will ask the client to provide feedback to me.

  • I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.

  • Up to two major revisions can be made during the drafting phase of the commission. Only minor adjustments within reason can be made afterward.

  • Changes to posing and composition will only be made at the sketch stage. Color corrections and minor adjustments will be made at the color stage.

  • After the sketching phase, any changes to the character or subject will be subject to a fee, and the fee will depend on the nature of the change.

  • I will not be held responsible for any changes in ownership of the said character.

  • After the order is completed, minor changes such as color adjustments are allowed if the missing or inaccurate elements are my faults (e.g., I overlooked details provided in the order).

  • In the absence of feedback from the customer, any changes to the final piece will be subject to a fee.

  • I will not redraw a completed commission unless payment is received for a second order. This order will be subject to my most current prices and will only be available at my discretion.

5-5. FINAL PRODUCT

  • The word is shrimple.

  • There may be slight differences between the samples in my gallery and the illustration you will receive.

  • The commissioner must respect that my artistic style cannot be altered.

  • I reserve the right to reject critiques pertaining to artistic skill and stylization, and if the critique reduces the artistic quality of the piece.

  • Credit to me, the Artist, is required when you post or use it on another platform.

  • You, the Client, are responsible for saving any information, images, and other digital data I provide.

  • Any file you paid for will be available from me for a finite time only. I take measures to preserve most files for up to 3 months. However, I cannot guarantee against computer failure, accidental deletion, or loss.

  • I am not required to post your project in any public space, and if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you paid for it, as you should have your own copy for personal use.

  • Feedback on the final product is permitted after the completion of the piece through private messages or comments.

  • Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.

© 2023 baotimestwo
all rights reserved