Terms of Service
For commissions and commercial work with The Miss Mango
Please read the Terms of service carefully, failure to read does not excuse clients legal responsibilities
General terms
Rules and important info
Will and wont's with commissions
What Mango can and cannot take as commissions.
TOS in depth
The Main indepth TOS.
General Terms
When commissioning Mango, please keep in mind:Follow the rules set out, MissMango has the right to decline any commission/work if rules are not followed.
Use clear and neat descriptive paragraphs or reference images. (Please be up-front with what you EXACTLY want.)
Any ill-conduct, including threatening or inappropriate behavior, will not be tolerated.
MissMango/I has the right to decline any commission/work for any reason(s) breaching the contract, including but not limited to asking the artist to plagiarize another creator's work, inappropriate behavior, any form of racism, sexism, homophobia, etc.
All commissions have a 50% non-refundable deposit included in the upfront price. If any of this contract is breached, the non-refundable deposit is withheld to cover the artist's effort and time.
All payments must be through the invoice sent to you OR received through VGEN only.
Payments are expected within 24 hours unless discussed prior with the artist. Work on commissions will not start till payment is received.
Any NSFW commissioners MUST be over 18+ (you may be asked for ID), under NO circumstances may someone underage commission anything inappropriate in a pornographic, violent, or obscene way or content of relevant nature. By commissioning pieces of this nature, the client confirms they are 18+ or older.
So what will Mango draw?
| Will | Won't |
|---|---|
| Furry | any inappropriate content with anyone/characters intended or appearing to be underage. |
| Semi-NSFW/Suggestive NSFW/ NSFW Content. | NSFW content commissioned by minors/ Depicting minors/for minors |
| Pokemon/ Hades, mincraft, Stardew valley AND other game content | Extreme or violent fetishes eg, incest, r*pe, etc. |
| complicated designs (may incur an extra fee) | Hateful content of ANY kind. etc. homophobia, racist, sexist content. (this does not include charcaters with those traits. this rule is directed towards offensive material intended to hurt another) |
| OC's (original characters) | Political works. |
| Humans/humanoids | Extreme gore used for festish content. (normal gore for character or artistic content is allowed) |
| Mechanical parts/robots/Vehicles and cyborgs/synthic parts etc. (up for negotiation may incur a fee for difficulty) | Real living people (it's just really hard to do in a flattering way) But is up for discussion if you are happy with the artstyle. |
| Fanart | Difficult Animals (up for discussion) |
| Monsters! | |
| Works intended for comercial production such as shirts, pins ect. PLEASE NOTE: these will incur a comercial licensing fee. Only you pay this licensing fee the work is yours to do as you wish |
Please refer to V. copyright infringement, for information on commercial licensing and relevant fees regarding it if this interests you. (this is if you plan to get the commission manufacturered eg. Pin designs, shirts charms etc for your company.
TOS in depth
II. Payment
All commission payments must be made upfront through VGEN/ Square Invoice to save your spot. Work only starts once payment is fully received.
Currency is always displayed in your own Dollar, Vgen will automatically calculate it for you :)
(or if completed through Invoice i will convert it for you)All payments are available through VGen to pay for your commission this will be displayed at checkout (or through invoicevia the official themissmango site)
All payments must be made with a valid card ( these have a processing fee for card payments as detailed on the Vgen info page/ checkout page/invoice!)
Please also note that in the case of refund through VGEN; while a full refund is not guaranteed by VGEN, (as all sales are considered final) VGEN may consider requests for partial refunds on a case-by-case basis, depending on the specific circumstances. This also goes for private commissions. (an example would be cancelling a commission after work has commenced. Refunds are available if work has not started)
III. Process
REVISIONS
Work in progress will be given to customers regularly through major stages.
Examples;
sketches, lines, and flat colors, final piece
Sketch, graphic, sewing, final banner.
Final works will be provided in one or multiple of the following formats : PNG, JPEG, PDF, PSD and AI(Adobe illustrator) file types Etc, any physical works will be mailed to the commissioner or collected in person at events. you may receieve multiple didigital files depending on the type of commission.
Please note. Any major changes after the sketch stage may incur a fee.(Major change examples are requests such as complete pose changes, significant outfit changes or character changes that would mean a significant amount of the work needs to be redrawn)change fees range between $5-30 dollars AUD depending on the significance of the change and is to be determined by the artist.To avoid this, please be as clear and precise as possible when ordering, e.g., clear and concise references and descriptions. The more, the better! (think pictures of poses, inspiration or text descriptions)
DEADLINES AND DELIVERY
My turnaround times are as follows:⭐ Icons: 3-7 days⭐ Digital commissions: up to 4 weeks+⭐ Banners or traditional works: up to 4 weeks+
depending on physical difficulty and schedule re: conventions, fulltime work ect. You will always be the first to know if a change occurs!
(Often times it's far less time than this.)Please note this is purely dependent on the level of detail, skill, and style (e.g., flat colors vs. completely painted pieces, physical media etc) needed to execute the work.Other factors, such as life, can occasionally get in the way. Please be patient and contact me if you have any concerns. I will notify you ASAP if any problems arise.
V. Copyright / Usage Policy
PERSONAL USAGE
I (TheMissMango), the artist, hold every right to the produced artwork, not the commissioner/client (personal use case).(Please note this is for the artwork only, NOT the characters,subject or environments involved.)Commissions will not be used or included in merch (examples such as in yearly zines, shirts ect) in any capacity without prior contact with the client. Occasionally a discount will be applied if the commissioner and artist agree to a commission with comerccial rights for the artist.
Therefore The Artist may use the copyrighted artwork for:
Promotion of any kind, eg. Instagram, Facebook, Youtube. (with credit and permission, Private artworks are not used in this capacity)
Publish books, comics, or zines with permission.
Display in any place at my discretion, e.g., YouTube, Instagram, galleries, and shows, with permission.
post on social media with permission
You may use the copyrighted artwork for:
Use copyrighted work/content produced by the artist for personal use only unless agreed to otherwise. ( example such as commercial license, merch, streaming assests), e.g, print, put on your socials, use as art for characters, etc.
You are more than welcome to print the art (for yourself or your friends), post the art (with credit), and enjoy! (Your character's rights are still yours, of course!) But not to sell the artwork as your own for profit without a commercial license.
You can NOT use the artwork for training AI of ANY kind. This is considered theft regardless of payment and under Australian law breaks fair use rights and copyright laws regarding AI. For more information please see more information below regarding Ai usage.
If you break copyright in any way, you will be refused any future commissions from the artist or black listed.
COMMERCIAL USEAGE
Commercial rights are needed for works intended to be used as, but not limited to, T-shirt designs, logos, channel/podcast image covers, album covers, Prints, stickers, Enamel pin designs, book covers, brand promotion, stream assets, etc. that I, as the artist, draw FOR you and is intended for profit or your business.Credit is still appreciated for working with comercial licensing (whether that be through fine print, credit text, or other means) but isnt required.⭐The commercial fee is the original price plus an additional 200%+ (minimum and depends on the artwork and project, however another commercial licensing fee may be agreed upon with the artist before payment).e.g., if a logo is $70 and you intend to use it on packaging, etc., it will be $210 with the commercial rights. This allows you to own all rights to the image and do as you please, including putting it on multiple things and retaining all profits from that item.To cover commercial fees, this can vary in price depending on what type of commission, e.g., stickers vs. T-shirts have different commercial licenses. (these may be more or less than the above described percentage based on artists discretion.)(additional fee is only applied if you intend to sell items with the artwork included and is not applied to private use works)COMMERCIAL RIGHTS PURCHASED WITH THEMISSMANGO DO NOT ALLOW YOU TO USE ANY WORKS TO TRAIN AI (GENERATIVE OR OTHERWISE) OR ANY ADJACENT TOOL ON PURCASED ARTWORK OR PROJECTS REGUARDLESS OF LICENCING.
INTELLECTUAL PROPERTY RIGHTS
What is intellectual property rights?
Intellectual property rights protect original literary, musical, and artistic works, granting the copyright holder exclusive rights to control the reproduction, distribution, and adaptation of their work.
What is considered copyright infringement?
Reproduction/using the copyrighted material (artwork) commercially (making money from the work in any way) without a commercial license from the artist.
Feeding the artwork into AI or any trained AI system of ANY kind
Taking credit for the creation of the artwork produced by an artist.
Removing any watermarking or signatures or Altering the artwork without the artist's (MissMango's) clear given consent. This includes tracing or repurposing the image or piece in any way.
You may NOT under ANY CIRCUMSTANCES train AI on MissMango's works, regardless of private personal OR commercial commissioned pieces.
AI USAGE POLICY
NO DERIVATIVE AI TRAINING OR AI FINE-TUNINGThe client may not use the work, drafts, stems, source files, sketches, progress images, project materials or final works or text conversations relating to the project to train, fine-tune, benchmark, validate, or otherwise feed any machine-learning or generative AI system, including as reference material or input for generating derivative work, without the provider's separate written permission. The Client may not modify the Work in any way including; AI tools of any nature generative or otherwise without express written and signed permission from the artist. This restriction applies in perpetuity and survives completion or termination of this contract and any transfer of ownership under it.
In Australia, Our intellectual property is protected by the Copyright Act 1968 (Cth). The Australian government explicitly ruled out adding exemptions for "text and data mining", meaning AI developers cannot legally or illegally scrape, copy, or use copyright-protected material for machine learning training in Australia without express permission or a proper license from the copyright holder. Please note a commercial license agreement with TheMissMango does not agree to or allow the client to use the purchased or commissioned work in Ai training or modification regardless of licensing.
VI. Cancellation / Refund Policy
I, the artist (MissMango) have the right at any time for any reason to cancel and refund the money for a commission at any time. Including but not limited to; Lack of integrity from client (legality issues ect), client conduct, Late or missing payment, abusive or boundary crossing behavior, Contract breach, Lack of communication, refusal to sign contract (this is automatically done upon payment of goods)
If any of the terms of service are breached for any reason resulting in termination of the commission, The artist is entitled to keep the 50% non-refundable deposit to cover time and effort for any work completed/commenced.
If your work hasn't been started, then a full refund may be awarded by VGen Or by Invoice.This may also include unforeseeable events like family issues, injuries, and more that stop me from being able to finish your work. In cases like that, I will try to offer a full refund for work that has not been commenced or a partial refund for work that has already commenced
(if the client is unwilling to wait for the project to be complete).
(Please see below due to VGen policies.)*Please also note that while a full refund is not guaranteed by VGEN, as all sales are considered final, VGEN may consider requests for partial refunds on a case-by-case basis, depending on the specific circumstances and i will do my best to medicate this in the case of refund being needed.
In case of chargebacks against the artist after work is delivered and completed.
You will be forbidden to commission the artist MissMango for any work in the future whatsoever and will be privately blacklisted.
Your name may be provided to other artists posted in the community via scam watch channels.
The Artist retain all rights to file a complaint with relevant services and authorities and is entitled to the money agreed upon as per this terms of service contract regarding works created by the artist TheMissMango.
MissMango, the artist, will retain all rights to re-sell the copyrighted artwork to other buyers if charge back is commenced or completed immorally or illegally. (eg. chargeback is commenced after work has been completed and received by the client)
VII. Contact and communication
Discussion and communication can be conducted through Direct messaging such as Instagram, or through email.
Any statement can be bound to change if discussed and agreed with TheMissMango; the artist, prior to commissioning and will be noted in your commission request in writing.ON PAYMENT OF INVOICE YOU AS THE COMMISSIONER AGREE TO THESE TERMS. Please note, failure to read these terms when payment is received does not excuse the client of the terms within these Terms and conditions.
Email me at: [email protected] or contact me through Instagram at @TheMissMango