Niko's Commissions Page

The Artist reserves the right to refuse any Work, Client, or person for any reason, without needing to explain the reason.

The Artist reserves the right to stop work on a Commission or Request, or cancel a Commission or Request due to poor communication, rude or inappropriate behavior, an inability to effectively communicate in the English language, or a breach to these Terms of Service.

The Artist will not create any depiction of form of hateful or racist imagery, themes that may be derogatory, and any subject which the Artist is not comfortable.

The Artist will not reproduce a copyrighted image or character without expressed written consent and permission of its copyright owner, and as it pertains to US Copyright Law.

By commissioning or requesting work from the Artist, the Client is purchasing or requesting the Artist’s labor only. The Artist retains all rights to the Work which includes but is not limited to: distribution, reproduction, use of the commission for promotion (e.g. Profiles, Portfolios, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a “Commercial Purpose Agreement.” The Client may not distribute, reproduce, or otherwise profit from the Commission or Request, beyond the resale of the original Work, or as it applies to new Terms of Service agreed upon in a “Commercial Purpose Agreement.” The Client may not edit, alter, or trace the Work without expressed written permission of the Artist, or as agreed upon in the Commission or Request Agreement prior to Start of Work. The Client’s obligations are attached to the Commission or Request and go with the ownership of the Commission or Request. The Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Work, unless otherwise agreed upon.

The Client must specify the content of the Work to the best of their ability and provide clear and adequate references prior to the Commission or Request Agreement. Complex Commissions or Requests may incur additional illustration fees, to be defined and agreed upon in the Commission or Request Agreement prior to Start of Work. The Client must specify the desired display size of the Commission, if not previously indicated by the Artist, regardless of whether the Work is completed digitally or traditionally. A large display size may incur additional illustration fees, to be defined and agreed upon in the Commission or Request Agreement prior to Start of Work.

The Artist does not accept Commissions or Requests without flexible deadlines. If the Commission or Request is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission or Request Agreement prior to Start of Work. The Artist, to the best of their ability, will give a general indication of how long the Commission or Request will take to complete. The Artist will inform the Client regularly of progress or if changes to the completion time have occurred. The Artist is not required to explain the reason for any extensions or delays for the completion of a Commission or Request, but may do so out of courtesy.

If the Commission or Request is defined as confidential in the Commission or Request Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission or Request Agreement until such time the Commission or Request Agreement specifies public display is permitted. The Client may not request the Artist to complete a Commission or Request without defining the time-span in the Commission or Request Agreement to eventually allow the Artist to publicly display the image.

The Client may display the Commission or Request in Profiles as long as the Artist’s name ("Fenyx," “FenyxtheNoodle,” "Noodle," "Nikicco," "Niko," etc.) is prominently displayed along with a link to the Artist's respective social media accounts. Additionally, any profile display of the Artist’s Commission or Request must notify the Artist, unless already defined in the Commission or Request Agreement prior to Start of Work. Commissions in Profile displays cannot breach Term 5. The Client cannot display the Commission or Request outside of Personal Space or in a Public Space unless the Commission or Request is executed under new Terms of Service agreed upon in a Commercial Purpose Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission or Request in a Public Space if not already defined in the Commission or Request Agreement; additional fees may apply. The Client will not permit any use of the Artist’s name or misuse of the Commission which would reflect discredit on their reputation as an artist, or which would violate the spirit of the Commission.

Under no circumstances may the Client submit a Commission or Request to any kind of online or offline contest.

Digital art Commissions or Requests will be provided to the Client via an online download location in .jpeg or .png format; this does not include the Commission or Request native files (e.g. .psd, .ai, etc.), unless otherwise agreed upon in the Commission or Request Agreement, or thereafter, the Client obtains written permission from the Artist. Files will include both signed/watermarked and un-watermarked copies of the finished product. The Artist is not responsible for the cost of shipping or the cost of printing a Commission or Request unless defined and agreed upon the Commission or Request Agreement prior to the Start of Work. The Artist is not responsible for printing or reproducing prints of a digital Commission or Request unless defined and agreed upon the Commission or Request Agreement prior to the Start of Work.. The Client may use the digital file for local printing, so long as it does not breach Term 5, Term 9, Term 10, and the Client obtains expressed written permission from the Artist prior to printing. The Artist is currently not offering any traditional Commissions or Requests, unless otherwise agreed upon in the Commission or Request Agreement.

The Client is responsible for ensuring that their contact details are true and correct. Either party shall notify the other party in case of change of address or contact information prior to such change.

If the Commission or Request is for Commercial Purpose, the Artist must be notified prior to beginning work. Commercial use of the Commission or Request will be decided on a case-by-case basis.

The Client may request a preview of the Commission or Request at any time during the creation process. The Client may request up to 3 edits to the Commission or Request during the Draft or Sketch stage. The Client may not request changes or large edits to the Commission after the approval of the Draft.

Client shall not reproduce and/or otherwise use the Commission or Request in any manner for purposes of training artificial intelligence technologies to generate work, including without limitation, technologies that are capable of generating works in the same style or genre as the Commission or Request. Nor shall Client sublicense others to reproduce and/or otherwise use the Commission or Request in any manner for purposes of training artificial intelligence technologies to generate work.

The Client may not incorporate the Commission in another work of art (or another Artist’s Commission or Request). A take-down notice will be issued in such cases and Term 18 will be applied as necessary.

Refunds may only be issued if the Artist is notified of a cancellation before the Start of Work on the Commission or Request. No refunds will be issued after the Start of Work on the Commission or Request, nor will a refund be issued before or after The Start of Work on the Commission or Request if any of these Terms of Service are breached. The Artist reserves the right to revoke access to and stop the work of the Commission or Request at any time after the Start of Work on the Commission or Request if these Terms of Service are breached. The Artist reserves the right to issue a partial refund at any time for other appropriate reasons, per the discretion of the Artist, such as the Client experiencing an undue hardship or unforeseen circumstance. This does not include the Client experiencing a change of mind, disliking the Commission or Request which is minimalized by Term 14, or mismanagement of funds. If the Artist becomes unable to complete or otherwise fulfill the Client’s commission within a reasonable timeframe, the Artist will negotiate either a new schedule or a partial or full refund to the Client per the discretion of both the Artist and the Client.

The Artist reserves the right to pursue damages under the US Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.

These Terms and Conditions are subject to change or revision without notice and are based on the judgment and discretion of the Artist. New Terms and Conditions will not apply retroactively to orders completed before these changes or revisions.

The pricing details viewed herein are a guideline and may not represent the final price of a particular Commission or Request. The Artist will honor quotes up to 30 days after which the quote will expire.

Payment is due within 48 hours after finalizing the Commission or Request Agreement unless otherwise stated. The Artist requires payment in full upfront upon the Commission or Request Agreement and prior to Start of Work, unless otherwise agreed upon in the Commission or Request Agreement, such as but not limited to deposits or payment plans.

Payment plans are available on Commissions or Requests above $50.00 on an individual basis per the Artist's discretion. A minimum 50% deposit is required upfront prior to the Start of Work on any Commission or Request and the remaining balance is due before the completion of the Commission or Request, unless otherwise agreed upon in the Commission or Request Agreement. Per the Artist's discretion, the Artist reserves the right to hold the final, full resolution, and/or un-watermarked image until payment is made in full, unless otherwise agreed upon in the Commission or Request Agreement. Failure to complete payment within a reasonable timeframe as defined and agreed upon within the Commission or Request Agreement may result in the cancellation of the Commission or Request, per the Artist's discretion.

Payments prior to finalizing the Commission or Request Agreement will not be accepted.

All prices are expressed in U.S. dollars (USD) and payments are expected in the same currency. The client is responsible for providing the correct amount, equal to the USD amount.

The Artist's preferred method of payments are PayPal or Ko-Fi. Paypal fees are included in the Commission or Request pricing. The Client is responsible for any currency exchange fees.

Regarding refunds or cancellations, please refer to Term 16 under General Terms.

The Client must state their name for a Commission or Request (legal names and full names are not required; an online penname is adequate).

The Client is encouraged to contact the Artist via the contact methods provided herein, through Twitter, Discord, or Ko-Fi, to query a Commission or Request.

The Artist must have the Client's email address when entering into a Commission Agreement after query and discussions are complete, regardless of the Artist's or Client's choice of communication platform. The Artist may verify that the Client's email address is valid before the Start of Work.

The Artist does not currently accept Commission or Request Agreements with minors and individuals under the age of 18. If the Client is querying, commissioning, or requesting restricted content, such as suggestive or explicit content, nudity, etc., the Artist reserves the right to request and receive verification from the Client that the Client is 18 or over 18 years of age.

After the Client has read the above Terms and Conditions and made themselves familiar with the requirements for the Commission or Request Agreement, the Client can contact the Artist and provide the following:

A Commission or Request list, if available or applicable, does not reflect the Artist's queue or work order.

Commissions or Requests are not on a first-come-first-serve basis. The Artist will do their best to communicate approximate times of completion or delays.

Will / Won't Draw List: