TERMS & CONDITIONS

Last updated January 1, 2018

AGREEMENT:
The commission applicant hereby agrees to these terms upon commissioning Alexis Larson (who goes by the internet username NovaNocturne, Nova-Nocturne, or other titles). If you have questions about whether or not a user actually is the artist in question, please contact Nova Nocturne, by note on the contact page. This is for your protection from fraudulent commission representation. 

GENERAL TERMS:
1. The applicant acknowledges that I am a member of The Church of Jesus Christ of Latter-Day Saints
1.1. As a LDS member, I will not be a part of or create any art that goes contrary to my beliefs or standards. 
1.2. Also, I will not lower, or alter, or bend my standards to accommodate others. 

ACCEPTABLE REFERENCES FOR COMMISSIONING NOVA NOCTURNE ART: 
2. I will not accept a commission if I am sent a “NSFW” reference. 
2.1. (This section is subject to specification which will be discussed with applicants.) 
2.2. An “NSFW” reference could entail any of the following: 
2.2.1. Explicit Nudity, Particularly featuring genitalia
2.2.2. Provocative Poses
2.2.3. Vulgarity
2.2.4. Extreme Violence or Gore
2.2.5. Drugs or paraphernalia
2.2.6. Anything else deemed inappropriate upon receiving

NOVA NOCTURNE ART WILL NOT ACCEPT THE FOLLOWING CONTENT FOR COMMISSIONS:
3. I will not create a commission that is “NSFW”. 
3.1. (This section is subject to specification which will be discussed with applicants.) 
3.2. An “NSFW” commission could entail any of the following: 
3.2.1. Explicit Nudity, Particularly featuring genitalia
3.2.2. Provocative Poses
3.2.3. Vulgarity
3.2.4. Extreme Violence or Gore
3.2.5. Drugs or paraphernalia
3.2.6. Anything else deemed inappropriate upon receiving
3.3. I will only accept commissions from legal adults. 
3.3.1. If a minor wishes to commission me, they must have their parents on the application, and communicate with me upon the minor's behalf. 

NOVA NOCTURNE ART'S RIGHTS AS THE ARTIST
4. I reserve the right to refuse service to anyone for any reason that I am not obligated to disclose. 
4.1. The applicant agrees to accept my decision to accept or decline without question. 
4.1.1. Questions may be asked about the acceptance or denial, but the applicant is not guaranteed any kind of answer or further explanation after the initial decision is communicated to the applicant. 
4.2. I retain the rights to the art, the copyright, and for posting, reproduction and printing. 
4.2.1. The commissioner can discuss purchasing the rights of the art after completion. 

DEPOSITS:
5. I will not begin work on any commissioned piece until I have been paid by the date agreed upon by both parties; Nova Nocturne Art and the commissioner.
5.1. If the deposit is not paid by the agreed date, the commission will be discarded. 
5.2. If the applicant wishes to extend the date for the deposit to be accepted, the applicant must contact me two business days prior to the deposit due date. 
5.3. The deposit is entirely nonrefundable. Once paid, the applicant will not receive this money back. 
5.4. Deposit amounts and due dates are determined by agreement with the artist and commissioner, and finalized upon signing and dating the order form, which acts as a contract upon being submitted by the commissioner.
5.5. Deposits on amounts of $100 (4 work hours) or less will be the full amount for the commission.
5.5.1. Amounts greater that $100 (4 work hours) may have payment plans worked into the commission contract.
5.5.2. Minimum payments must meet $100 (unless work hours amount to less than 4), in which case the remainder of the work hours must be paid.
5.5.3. For Example: If you want to order 10 work hours, via payment plan, your deposit is for the first 4 hours, the next payment will also be required to cover 4 work hours, then the remaining payment for the final 2 work hours must be paid in full for the third payment.
5.6. The ONLY exception for deposit reimbursement, will be considered within 24 hrs of the deposit payment AND if I have not started the art in question. 

COMMISSIONER ACCEPTS THE FOLLOWING REGARDING NOVA NOCTURNE ART:
7. By applying for a commission, the applicant acknowledges: 
7.1 My level
7.2 My style
7.3 My skill
7.4. My experimental phases
7.4.1. Experiments will be communicated to the commissioner before fulfilled on the commission. 
7.5.The applicant is aware of what they are getting
7.5.1. If you do not like my art, or do not want to risk receiving art that may have some small experiments of technique, style, etc., then do not commission me. 

ALTERATION POLICY
8. The commissioner may request updates at any time during the work hours they have paid for. These updates allow the commissioner to request any alterations to the commission at hand. Prompt response is required as work on the commission will proceed in a timely manner. If alteration requests take up an excess of time, additional work hours may need to be purchased.
8.1. Certain subjects, qualities, etc. are set in stone after certain stages of the commission and alterations cannot be too extreme. Complete alterations would constitute a new commission, and would move the new commission to the back of the queue.
8.1.1. For Example: the pose will be determined and cannot be changed once approved in sketch stage. 
8.2. Alterations must be communicated promptly by the commissioner and will be acknowledged by the artist, who must also sign off that the requested alterations do not constitute a new commission.
8.3. Alterations will extend the due date of the commission as determined by the artist, and extra number of work hours purchased. This is based on the work necessary to alter the commission; the new due date will be noted next to the requested alterations. 
8.4. If the commissioner desires a full restart of a stage of completion, they will be charged an additional fee equal to the cost of that stage or any stages prior to it. This is considered a new commission.
8.4.1. Any excess work hours incurred this way will be required to be paid prior to proceeding with completion of the commission.
8.4.2. Alterations requested after a commission is considered completed and has already been delivered are typically not accepted due to the original file being deleted immediately after delivery of the commission. I do not hang on to PSD files due to it cluttering up my computer and storage space.
8.4.2.1. Alterations requested after the commission was completed and delivered, may be made at an increased work hour price.


REFUND POLICY:
9. As stated above, the deposit is nonrefundable (see exception under: 5.6).
9.1.1. If the Artist causes cancellation:
9.1.2. A partial reimbursement may occur upon any of the following events: 
9.1.1.1. If I am unable to complete the work by the agreed due date, I will communicate this to the commissioner. 
9.1.1.2. If unable to meet the agreed due date, the commissioner will have two options from that point: 
9.1.1.1.1. Option 1: If the work hours have been paid for, they will be rescheduled according to Nova Nocturne Art's calendar openings, while retaining its place in the queue.
9.1.1.1.1.1. No refund will be issued for rescheduled work hours.
9.1.1.1.1.2. The contract will, at the point, continue until the commission is delivered, being considered fulfilled and complete. 
9.1.1.2.1. Option 2: If the commission is partially finished, and the commissioner wants a refund on the work hours that have not been used, the remaining  work hours, after the deposit and used work hours, are eligible for refund.
9.1.1.2.1.1. The work on the commission will be halted and the commission considered complete. Remaining work hours will be refunded.
9.1.2. If the Commissioner causes cancellation: 
9.1.2.1. If the commissioner cancels the commission, prepaid work hours are nonrefundable. Do not commission Nova Nocturne Art if there is any risk you would need to cancel your commission.
9.1.2.1.2. Alteration agreed dates will not affect reimbursement date calculations. 
9.1.2.2. Cancellation due to no-contact will not be considered for a refund. (See 10.2.)

CANCELLATION POLICY:
10. Cancellations 24 or more hours after submitting commissions to Nova Nocturne Art will forfeit any reimbursement of the original deposit. 
10.1. Cancellations will result in the art in its current state being delivered and/or posted on my galleries online. 
10.2. If correspondence between the artist and commissioner go unanswered by the commissioner, without prior notice, for 3 business days, following the sending of the last correspondence out from the artist, the commission will be considered canceled with no options for refunds. 
10.3. Cancellations by the commissioner are not eligible for refunds.
10.4. Cancellations by Nova Nocturne Art are eligible for refunds, up to the full amount of unused, prepaid, work hours.

YOUR RIGHTS AS THE COMMISSIONER:
11. The commissioner may upload the artwork on their own sites, galleries, or link to my gallery. 
11.1. The commissioner may NOT claim they made the artwork themselves. 
11.2. The commissioner can only print the commission for themselves.
11.2.1. No profit may be made by the commissioner off of the artwork commissioned unless they purchase the rights from Alexis Larson, NovaNocturne, as the artist. 
11.2.2. Credit for creation must still be represented as by myself, even after rights are purchased. 
11.3. I reserve the right to post the commission on my personal gallery after rights are purchased by the commissioner.

If you have any questions please direct them to Nova Nocturne.