General Terms of Service:

FathomFangs Brand Commissions 2025

All commissions agree to these terms of service upon completion of payment. This will be attached to all invoices and clients MUST be aware of these or at least consent before sending payment. Breaking any of these terms can result in a permanent blacklisting and/or legal action.

These terms apply to all artworks and creations made and commissioned from FathomFangs

Payments through Paypal and Venmo- Only with buyer protection, for general clients FathomFangs will not accept uninsured payment.

Client Rights:

-The client is entitled to communication and updates on the art while in progress.

-The client can edit this commission only with the artist's prior permission.

-All clients have a right to their privacy, if a client does not want their name listed they can ask to

 have it be anonymous. If a client does not want an artwork shared, they must ask in

 advance and pay an additional fee starting at 30% and a signed NDA.

-If a client cancels a commission before it has started they will receive a full refund unless agreed upon otherwise before the cancellation.

-If a client cancels a commission after any work has been started they may receive no more than a 50% refund.

-All refunds will be based on the effort and hours already put in by the artist and are determined by the artist.

-The art cannot be used for commercial use/merchandising without permission from the artist and

 a separate commercial fee.

-If the artist has not sent any written or photographic progress after 6 months of payment the client

 is entitled to a full refund unless stated otherwise before the request.

-All commissioners can and most likely should ask for an email containing the art as a full file.

 Any other way of file transfer may not allow for full resolution, the artist is not responsible for compression.

 

Artist rights:

-The artist retains all authorship rights, no one else can claim authorship of this work.

-All work is legal property of the artist until full payment has been received. The client cannot

use unpaid work for promotion or any other use until full payment has been received.

-The art can be used by the artist, Emily Cushing, as an example of their work and art

advertising but she cannot use it for other commercial purposes without the written consent of the client.

-The Client shall be responsible for making additional payments for changes

requested by the Client beyond the original assignment. However, no ad-

additional payment shall be made for changes required to conform to the

original assignment description within reason.

-The artist can choose to turn down or cancel a commission. If the artist cancels before work is started or

fails to deliver any product, the client will receive a full refund. If work has been started and the client

would like to keep any of the unfinished work, they may receive a partial refund equal to the amount of

work unfinished at that time.

-The artist is not responsible for any art theft by a third party after completion.

-Signatures and watermarks must not be altered unless stated in writing.

-Anytime 30 days after art has been delivered the artist can archive or clear any files

off their computer. Please ask for all files upon completion date.

-Payments are by default due within 30 after an invoice is issued, All late payments including

incorrectly written and returned checks are subject to a late fee of 2% each week.

-The artist will not start work until all or a discussed portion of the payment has been received. 

-Art cannot be minted as NFT or be attached to a blockchain at any point.

-The artist MUST be credited by name or current internet @ when posting and sharing work.



Warranty of Originality

The Designer warrants and represents that, to the best of his/her knowledge,

the work assigned hereunder is original and has not been previously pub-

lished, or that consent to use has been obtained consistent with the rights

granted to Client herein; that all work or portions thereof obtained through

the undersigned from third parties is original and that the consent to use

has been obtained consistent with the rights granted to Client herein; that

the Designer has full authority to make this agreement; and that the work

prepared by the Designer does not contain any scandal-ous, libelous, or

unlawful matter. This warranty does not extend to any uses that the Client

or others may make of the Designer’s product that may in-fringe on the

rights of others. Client expressly agrees that it will hold the Designer

harmless for all liability caused by the Client’s unauthorized use of the

Designer’s product to the extent such use infringes on the rights of others


 Limitation of Liability

Client agrees that it shall not hold the Designer or his/her agents or em-

ployees liable for any incidental or consequential damages that arise from

the Designer’s failure to perform any aspect of the Project in a timely

manner, regardless of whether such failure was caused by intentional or

negligent acts or omissions of the Designer or a third party. Furthermore,

the Designer disclaims all implied warranties, including the warranty of

merchantability and fitness for a particular purpose. Client shall be re-

sponsible for all compliance with laws or government rules or regulations

applicable to Client’s final product(s).

To the extent the Deliverables include any word, symbol, logo, or other

content used to designate Client as the source of goods or services (“Trade-

marks”), Client shall have sole responsibility for ensuring that Trademarks

do not infringe the rights of third parties, and Client shall indemnify, save,

and hold harmless Designer from any and all damages, liabilities, costs,

losses, or expenses arising out of any claim, demand, or action by a third

party alleging trademark infringement, or arising out of Client’s failure to

obtain trademark clearance or permissions, for use of Trademarks.

The maximum liability of Designer to Client for damages for any

and all causes whatsoever, and Client’s maximum remedy, regardless of

the form of action, shall be limited to an amount equal to the total fees

paid by Client to Designer hereunder. In no event shall Designer be liable

for any indirect, incidental, special, consequential, exemplary, or punitive

damages arising out of or related to the Services, even if Designer has been

advised of the possibility of such damages