Terms of service.
Artist
The individual producing the art for commissions: “David K. Coleman Jr.”, “YESKIS4KING” – “KIS4KING Studios”.
Client
The individual purchasing a commission. Must be 18+
COMMISSION SERVICES
Commission
The form of service provided by the Artist to the Client per the Commission Agreement (services form and/or finalized via email). “Commission,” “Art[work],” “Image[ry],” and “Project[s]” “Design[s]” “Custom Piece[s]” are used interchangeably herein and in Commission correspondence.
Commission Services Form
It is required and the responsibility of the Client to complete a form (after selecting a service at (https://yeskis4king.com/services) providing details of their commission request along with relevant reference material. Submission of the services form is an agreement to the TERMS AND CONDITIONS FOR COMMISSION AGREEMENTS. The Artist advise the Client to allow 2-3 business days for receiving a response to a submission (commission request), follow up emails or any other form of inquiry.
Commission Agreement
The discussion, documented via form submission and/or email (or where email is not available, via U.S. Postal Service), in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to start and complete the commission, and – if applicable – the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.
“This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed the by Artist.”
Start of Work
The point in time by which the Client has submitted to the Artist, required payment to start work on the Commission (e.g., Artist begins to create the Commission).
Completion of Work
The point in time by which the Artist has received full payment and completes the commission along with any revisions. Revisions and any additional changes to be agreed upon in the Commission Services Agreement and/or via email correspondence.
Profile(s)
Online locations where the Commission may be displayed (e.g., “galleries,” such as yeskis4king.com, Instagram, Facebook and Twitter albums, DeviantART.com, Tumblr.com, etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.
Personal Space
Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.
Public Space
Offline locations that do not fall under “Personal Space” above.
Commercial Use
If the Commission is for Commercial Purpose, the Artist must be notified prior to the start of work.
The Artist has the right to pursue damages under United States Copyright Law ( http://copyright.gov/title17/ ), should their exist a violation in addition to a breach of these Terms of Service.
Form of Communication
Email only. The Client will receive responses from Customer Support under the guidance of the Artist.
Commission services will not be discussed in detail or confirmed via any social media outlet, phone (text and voice), or telecommunications apps such as Skype or Zoom, unless agreed upon otherwise by the Artist. The Artist advise the Client to allow 2-3 business days for receiving a response to a submission (commission request), follow up emails or any other form of inquiry.
Revisions
The Client is allowed one revision to the commission at no cost. A fee is applied to any additional changes requested (maximum of five changes allowed, unless otherwise agreed upon by the Artist).
To request a revision, the Client must complete the Request a Revision form. Submission of this form is an agreement to Revisions under the TERMS AND CONDITIONS FOR COMMISSION AGREEMENTS.
Revision fees quoted are non-negotiable and non-refundable. Click here to request a revision.
Revisions for Custom Art (Non-digital)
A digital sketch will be sent to the Client via email. At this time, the Client is allowed one revision to the commission at no cost. The Client must approve the sketch and final draft before the Artist completes the commission (this only applies to . No additional changes can be requested.
Click here to get more information on Commission Services available to the Client.
Requesting Prints of Digital Commissions
At an additional cost, the Client may request to purchase a poster, framed or canvas print of digital commissions except Avatar Minis and Avatar. Sizes available are listed below. The Client is fully responsible for shipping and fees.
Shipping
Digital
The Client will receive digital commissions via email.
Non-Digital
International shipping (outside of US) is available.
The Client will be fully responsible for all shipping costs and fees (including custom fees).
Commission will be shipped with available carrier services.
Delivery Time
Clients can view expected delivery times on service descriptions (https://yeskis4king.com/services) and/or confirmed via email.
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.
Delivery times are based on the Artist availability. The Client is responsible for understanding and agreeing to the estimated expected delivery dates.
Please expect delays in delivery (both digital and non-digital) due to COVID-19 and changes made by shipping services.
Payment
Price will be agreed upon before the commission is started and will be based on factors such as complexity, supplies needed, and details provided. The Artist requires all payment up front before Start of Work, unless otherwise agreed upon in the Commission Agreement.
Payment Methods
Paypal – paypal.me/yeskis4king (preferred)
Cashapp – $yeskis4king ($50 and below)
Additional Terms of Service
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 terms agreed upon in a Commercial Use Commission Agreement as defined in the Commission section herein.
The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [traditional art] Commission, or as it applies to new Terms of Service agreed upon in a Commercial Use Commission Agreement as defined in the Commissions section herein.
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.
Under no circumstances may the Client submit a Commission to any kind of contest.
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.
The Artist reserves the right to refuse any commission request without explanation.
Refund Policy
The client can request a refund on a commission within 1-2 business days after date of purchase and/or Artist receipt of payment ONLY IF the Artist has not started work on the commission.
For example:
Date of purchase Monday, 10/13
Client requests refund on Tuesday, 10/14 or Wednesday, 10/15 - Artist has not started work on commission and approves refund
There will be no refunds approved on the third business day following the date of purchase or receipt of payment.
For example:
Date of purchase Monday, 10/13
Client requests a refund on Thursday, 10/16 - refund denied.
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.
No returns on commissions started or completed.
Legal
The Artist cannot guarantee the Client a commission will be completely error free and is not liable to the Client or any third-party for damages including lost profits, lost savings or other incidental, consequential or special damages, even if the Client advised the Artist of them. If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Privacy Policy
The Artist is David K. Coleman Jr. (YESKIS4KING); website: https://yeskis4king.com
Comments
When visitors leave comments on the site, we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included.
Forms
Your voluntary personal and/or project data is collected for the purposes of developing a work agreement, or to produce a work product under contract. This information is gathered by submittal via the website forms or by other forms of correspondence such as direct email, phone call, or face-to-face meeting.
Cookies
If you leave a comment on the site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
Copyright Information
The original works and stock/commissions by David K. Coleman Jr. (yeskis4king, KIS4KING Studios) are registered and protected under The Digital Millennium Copyright Act and may not be used without explicit written permission of the artist.
Express permissions may be granted, in special cases to those who inquire by way of the email: kis4kingstudios@gmail.com.
For more information on The Digital Millennium Copyright Act, you can visit links HERE and HERE.
These Terms and Conditions are subject to revision without notice. The Client must read and understand these terms before entering into a Commission Agreement
with the Artist. Once the Client enters into a Commission Agreement with the Artist, it is assumed the Client has agreed to all Terms and Conditions.