TERMS OF USE
By using linda ng’s commission service (or by submitting a request through any online or offline method as part of the ordering process), you have read, understood and agree to be bound by the following terms and conditions (the "Agreement") governing your use of the commission service, including online and offline components (collectively, “the service”).
if you are entering into this agreement on behalf of a company, another individual, or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the service.
Most commission types are for personal use only (e.g. posting online, using as a profile picture, a gift, etc) unless otherwise stated. Additional fees may apply for commissions intended for commercial use (e.g. incorporating in a game that will be mass-produced and sold, or using to monetize a social media channel).
Your information such as Name, Email, and reference images is collected when you order a commission and it is required in order to complete the process. Your information is not shared publicly without your consent.
I reserve the right to use the commission for personal use such as self-promotion. In such case, information such as your Name or nickname may be shared publicly. You may opt out of this in written format during the initial ordering process.
Full or prorated refunds can be given upon request before the commission/project is complete. The amount refunded is based on the percentage that I deem to completion (for reference, sketch is considered 50% completion). Finished commissions are non-refundable, but you are granted minor modifications to digital media commissions within 7 (seven) days of receipt of the finished work.
A full or partial payment must be received after your order is accepted. A watermark may be applied to the images if payment is not received in full. Payment method may include Paypal, Square, and other virtual currency that are third-parties.
Definitions
"Agreement" means the terms and conditions outlined in this policy;
"Service" means the commission or the specific services identified during the ordering process, created by Artist Linda Ng, including but not limited to graphic design, web design, illustration, character concept design, design resources, user interface design, or other commissioned pieces, tangible or intangible;
"You" means the customer or representative who is authorized to use the Service;
“Artist” means the creator and representative offering the Service;
"Customer Data" means any information, data or material, online or offline, provided or submitted by You in the course of using the Service which includes, but is not limited to: full name, nickname, email address, shipping address, and more;.
Granted Rights and Restrictions
You are granted a non-commercial, single-client right to use the Service and finished commission, solely for Your own purposes, subject to the terms and conditions of this Agreement.
You shall not sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or commission in any way without advance prior written permission.
Artist reserves the right to refuse Service, and/or cancel the Service at their discretion, for any reason.
Full or prorated refunds can be given upon request before the commission is complete. Completed projects and commissions are non-refundable.
You may request minor modifications to a completed digital commission within 7(seven) days of delivery. Modifications requested after the 7(seven) days including drastic changes may incur additional fees. This does not apply to commissions made with traditional media.
Artist maintains copyrighted ownership of the artwork as its sole creator, and reserves the right to use a copy of the finished product for personal use or other uses.
Information and Customer Data
By entering into this Agreement, You consent to the collection of Customer Data that You are requested to provide during the ordering process which may include, but is not limited to 1) Your name 2) Your email address 3) Your billing and/or shipping address 4) Your alternative contact information and more. You are responsible for the accuracy of your Customer Data. Artist does not own any data, information or material that You submit in the course of using the Service. You consent that your Name (such as legal name or nickname) may be shared upon publication (online or offline) of Your finished commission unless an opposing request is made prior to the completion of the commission. All other Customer Data is kept private and never sold or distributed to third parties.
Billing and Payment
Unless otherwise specified by written agreement, Artist charges and collects in advance for use of the Service. Fees for other/additional services will be charged on an as-quoted basis. Fees are exclusive of all taxes or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes or duties. Full or prorated refunds are available before the commission is complete upon negotiation. No refunds will be given after completion of the commission. Refunds will be processed within 7(seven) days after confirmation of receipt of the refund request.
You agree to provide Artist with complete and accurate billing and contact information. You are responsible for notifying Artist if the information has changed during or after the ordering process. If the information You have provided is false or fraudulent, Artist reserves the right to deny You the Service in addition to any other legal remedies.
If You believe Your bill is incorrect, You must contact Artist in writing within 10 days of the invoice date to be eligible to receive an adjustment.
Termination for Cause
Any breach of Your payment obligations or unauthorized use of the Service or finished commission will be deemed a material breach of this Agreement. Artist at their sole discretion may cancel or restrict the Service with or without prior notice if You fail to comply with this Agreement. Unauthorized use of the Service includes, but is not limited to: 1) using funds from another entity’s credit card, financial institution or Paypal account without prior permission 2) failure to provide true, accurate, verifiable Customer Data 3) failure to follow the terms and conditions outlined in this Agreement
Disclaimer of Warranties
The Service is provided to You on an “as is” and “available” basis. Artist makes no representation, warranty, or guarantee as to the availability, timeliness, quality, suitability, or accuracy of the Service or any content.
Artist reserves the right to modify the terms, prices, or policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on our website at linda-ng.com. You are responsible for reviewing this Agreement. Continued use of the Service after any such changes shall constitute Your consent to such changes.
If You have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to contact @ linda-ng.com.
Updated: October 27, 2020