1. Definitions within the terms of service.
1.1a The terms ‘Their’/’Themselves’/’Theirs’, ‘Illustrator’ and the pseudonym ‘Hoggy’/’Hogarth’ refer to the legal name and rights of Katie Hampson, under the business title and rights of ‘Sketchbuck’.
1.1b The terms ‘You’/’Yours’/’Yourself’, ‘Client’ and ‘Commissioner’ refer to the individual and/or company/organisation/group that have contacted Sketchbuck for their services.
1.2a.1 The terms ‘Art’, ‘Artwork’, ‘Piece’, ‘Work’, ‘Sketch/es’, ‘Material’, ‘Products’, ‘Project’, ‘Image’ and ‘Commission’ refer to any items produced by Sketchbuck. Other similar terms for items may be used by Sketchbuck in documentation; it’s declared these terms also apply to the Terms of Service.
1.2a.2 The term ‘Traditional Piece/s’ refers to physical items created by Sketchbuck. These items may also be categorised as either Fine Art or Traditional Illustration.
1.2a.3 The term ‘Digital Piece/s’ refers to items that have been created by Sketchbuck using a personal computer as a platform.
1.2a.4 The term ‘Pre-Made Piece/s’ refers to items that have been created by Sketchbuck under their own guidance, and are available to the client as a completed item; the client has had no say in the progress of the piece. In some cases there may be an opportunity to customise/personalise such items, these items also fall under this term.
1.2b The term ‘brief’ refer to the client’s envisioned contract of work requested for Sketchbuck to complete, whether accepted or not.
1.2c The terms ‘Concept’, ‘Sketch/es’, refer to rough design work, usually created as preliminary resources to a completed item.
1.2d The term ‘Work In Progress’/’WIP’, refers to items at different stages of completion sent to the client as proof and development of work.
1.2e The terms ‘Complete’ and ‘Final’, in conjunction with term 1.2a refer to the outcome as declared by Sketchbuck, and their understanding of the client’s brief.
1.2f The term ‘Commission/s’ refers to both the items created by Sketchbuck under a client’s brief, or the project as a whole. Distinctions between the terms will be apparent in context.
1.4b The term ‘Business Account’, ‘Group Account’, ‘Commercial Account’ and similar terms refer to all other accounts on an online domain not included in term 1.4a.
1.5a The term Etsy refers to the shopping domain http://www.etsy.com and pages therein.
1.5b The term Paypal refers to the online payment service domain http://www.paypal.com and includes pages therein, and additional services.
1.6 The term Working/Business Day/Week refers to Monday, Tuesday, Wednesday, Thursday and Friday. Weekends (Saturday and Sunday), and UK public/bank holidays are not included in this term. The Working/Business day refers to hours between 09:00am and 17:00pm GMT/BST.
2. Rights and usage of artwork.
2.1a Original artwork, including sketches and any other preliminary material, and all copyrights therein, remain the property of Sketchbuck unless purchased by a payment of a separate fee. Any grant of rights in condition upon receipt of full payment.
2.1b.1 Sketchbuck retains the rights to display all work created by Sketchbuck for the client, including preliminary materials, concepts, work in progress images, in Sketchbuck’s portfolio, including in print and online, and to submit work to design periodicals, exhibitions and competition. Commissioned items may be used as advertising media unless agreed otherwise.
2.1b.2 The client may request commissions to remain private. This will incur an additional fee to the client, the terms will be discussed case by case.
2.1c Sketchbuck’s copyright, logo, name and signature (including any term from 1.1a) will not be removed from any pieces under any circumstances.
2.2a The client retains copyright for their own characters, designs and concepts that belong to the client. Sketchbuck takes no claim over these rights.
2.2c Personal Use is restricted to strictly limited printing and publishing. Wherever published, the client must ensure Sketchbuck is credited for their work.
2.2c.2 For items that fall under ‘Traditional Pieces’ category (see 8.), the client is not permitted to photograph and publish their commissioned artwork. Display is restricted to private property only. The client’s only exception from photographing and publishing their commissioned artwork is to present their piece in a display environment and to publish on personal accounts online. Additional display rights for public premises and other usage rights must be discussed and are available on a case by case basis at an additional cost. Any further publishing not stated within the agreement must be discussed with Sketchbuck, failure to do so may result in legal action.
2.2c.3 For items that fall under ‘Digital Pre-Made Pieces’ category (see 10.), the client may have singular prints/publications of their commissioned artwork for personal display, and the use of their commissioned artwork as display images on private accounts online. Additional rights will be discussed on a case by case basis. Any further publishing not stated within the agreement must be discussed with Sketchbuck, failure to do so may result in legal action.
2.2c.4 For items that fall under ‘Traditional Pre-made Pieces’ category (see 10.), the client is not permitted to photograph and publish their commissioned artwork. Display is restricted to private property only. The client’s only exception from photographing and publishing their commissioned artwork is to present their piece in a display environment and to publish on personal accounts online. Additional display rights for public premises and other usage rights must be discussed and are available on a case by case basis at an additional cost. Any further publishing not stated within the agreement must be discussed with Sketchbuck, failure to do so may result in legal action.
2.2d Commercial usage of commissioned pieces without prior agreement and payment for usage rights (partial or full rights) will result in legal action.
2.2e Full terms and agreements of additional usage rights other than Personal Use vary and must be in contract with Sketchbuck; these terms must be discussed, agreed and paid for accordingly.
2.3a Sketchbuck agrees to never knowingly produce work of designs, concepts and characters protected by intellectual property rights, or strict copyright by third parties. Sketchbuck has the right to decline any briefs that may breach this agreement.
3. Currency, Prices, Fees, Quotes, Invoices.
3.1a Sketchbuck and the client are protected under UK seller and buyer laws respectively. See http://www.gov.uk for more information.
Complexity in subject matter.
Restricted timescale and/or deadline.
The addition of copyright terms other than Personal Use.
3.1b.2 Additional charges will be discussed declared and paid for before start of commission.
3.1c.1 Payment must be made in full before Sketchbuck will begin work, unless agreed and confirmed otherwise.
3.1c.2 Payment plans for larger and/or commercial work may be discussed with Sketchbuck, but must be agreed and in contract prior to start of commission.
3.1.d.1 Payment outside of Etsy transactions will only be accepted in Great British Pounds Sterling (gbp £). For transactions and orders within Etsy, Etsy provides currency conversion services to client.
3.1d.2 All other currencies are prohibited and must be converted by the client.
3.1d3 Any fees occurred from currency conversion must be paid by the client.
3.1e.1 Payment methods outside of Etsy transactions are limited to; Paypal Transfer, credit card transaction via Paypal Here and debit card transaction via Paypal Here. Bank transfers may be made available for larger and/or commercial work only. (Cash and cheque see 3.1.e) Other methods, including but not limited to E-Cheque, cheque in post, cash in post, non-currency trade are prohibited.
3.1f.1 Cash and cheque payments may only be made in person to Sketchbuck. Cheque payments must be cleared in full before work begins, or in the case of purchasing ‘pre-made pieces’, before delivery of work.
3.1f.2 Sketchbuck has the right to decline cash or cheque payments for any reason and will provide alternative, secure, instant payment options.
3.1.g Payments must be made within 48 hours of invoice/quote or commission acceptance. Failure to do so may result in termination of contract under Sketchbuck’s discretion.
3.2a.1 In addition to 3.1b, significant changes, under Sketchbuck’s discretion, to original brief will incur additional fees once work has begun on the commission.
3.2a.2 Additional fees will occur if, under Sketchbuck’s discretion, minor but frequent changes are requested throughout the development of the commission.
3.3 Quotes are valid for 5 working/business days.
3.4a Invoices must be paid within 5 working/business days.
3.4c For commercial contracts, delays in payment will be surcharged at 5% of cost each occurring working/business week.
3.5 Work will not begin on commission until agreed amount has been paid in full.
3.6 The client agrees to pay additional fees on top of the agreed fees in contract with Sketchbuck, including, but not limited to; postage, import tax and related fees.
4. Contract Termination, Cancellations and Refunds.
4.1a.1 Sketchbuck reserves the right to decline a brief for any reason before a contract has been agreed.
4.1a.2 In addition to 3.2.a Sketchbuck has the right to decline significant changes to an existing brief, if a contract and transaction has been made.
4.1b Sketchbuck reserves the right to terminate a contract/commission at any time without notice for any reason and will compensate or refund the client fairly and accordingly, to Sketchbuck’s discretion.
4.2a.1 Within UK buyer laws, the client has 14 days to cancel a contract with Sketchbuck.
4.2a.2 In the event of contract cancellation for commissioned work by the Client, Sketchbuck shall retain ownership of all rights of copyright and the original artwork, including sketches and any other preliminary materials, and Client shall return all copies and permanently delete all digital copies thereof. The client is entitled to a refund from Sketchbuck according to the following schedule: 100% of original fee if cancelled within 14 days of contract and no work has begun. 90% of original fee if cancelled in preliminary/research stages. 50% of original fee if cancelled after preliminary sketches are completed. 0% if cancelled after completion of finished art. (see 2.1b for further terms). Refunds exclude additional costs such as Paypal, Etsy or bank fees, and excludes currency exchange fees.
4.2a.3 In the event of a contract cancellation for commissioned work, the client retains no rights of any work created by Sketchbuck. Any use and publication of the work including private use (see 2.2c and 2.2d for further terms) is strictly prohibited and doing so will result in legal action.
4.3a Within UK buyer laws, the client has 14 days to request a refund for ‘Traditional Pre-made items’ created by Sketchbuck.
4.3b.1 Sketchbuck reserves the right to decline refund if the ‘Traditional Pre-made item’ for the following reasons, but not restricted to:
Item has not been returned.
Item has been returned not in original state or is damaged.
Item has been returned damaged by the postage service due to client’s packaging.
Item has been personalised for or by the client.
4.3b.2 In line with UK digital download sellers law, digital download items, such as Sketchbuck’s ‘Digital Pre-Made’ items cannot be refunded under any circumstance if item has been downloaded by the client.
4.4 All transactions, orders, commissions and contracts and legally binding and are protected by UK law. (see 0.1).
5. Information, Timescale/Deadlines, Queue.
5.1 Sketchbuck complies with UK The Data Protection Act 1998. (See http://www.gov.uk for more info).
5.2a The client confirms that all information declared to Sketchbuck is accurate and up-to-date, this information includes but is not restricted to: Contact details, postal address (for items requiring posting), billing details, commission and brief information and deadlines.
5.2a.2 The client agrees that all information provided to Sketchbuck is safe for general audiences. References and information, written or visual must not contain any sexually or anatomically explicit items.
5.2a.3 The client agrees to provide visual reference that will be hosted for the entire time of the contract. Broken links will result in delays (see 5.3b)
5.2a.4 Any unclear information provided is subject to artistic license agreements. (see 6.1)
5.3a.1 Sketchbuck declares that all work, unless stated by Sketchbuck otherwise will be completed within 56 business days, not including UK national/bank Holidays.
5.3a.2 Sketchbuck agrees to inform the client of diversions of this timeline as soon as possible.
5.3a.3 Sketchbuck agrees that any diversions outside of this time will be discussed with the client, and the client will receive suitable compensation, to Sketchbuck’s discretion only. (see 4.1b)
5.3b.1 All agreements from 5.3a will be void in the case of severe delays in feedback from the client.
5.3b.2 The client agrees to reply with feedback and/or confirmation when declared within 3 business/working days. Failure to do so will delay the commission and void all agreements in 5.3a.
5.3b.3 Sketchbuck has the right to complete the work in accordance with their personal timescale, should a client not get in contact within the 3 business/working days, Sketchbuck retains the right to proceed with work with full artistic license (see 6.1). Amendments, adjustments and revisions made in addition to this agreement will be charged accordingly (see 6.3).
5.4a Sketchbuck reserves the right to decline any deadline requested by the client. Sketchbuck will always aim to comply with agreed deadlines, however this is not legally binding. (see 5.3a).
5.4b Additional fees may incur for strict timescales, to Sketchbuck’s discretion. (see 3.1b).
5.5a Sketchbuck’s queue is publically available to view, but Sketchbuck retains the rights to halt this publication at any time.
5.5b Commissions are worked in an order according to Sketchbuck’s discretion.
5.5c.1 Clients may request rush orders at an additional fee, these terms must be discussed and confirmed prior to acceptance of the commission by Sketchbuck. However the agreement 5.5b still applies.
5.5c.2 Sketchbuck retains the right to decline rush orders for any reason. Sketchbuck will always aim to comply with agreed deadlines, however this is not legally binding. (see 5.3a).
6. Artistic License, Revisions, Alterations.
6.1a Sketchbuck retains the rights to artistic license. Personal statement of this agreement disclosed therein;
“Please understand my artistic licence when it comes to working on your brief. Every artist has their own style; whether in anatomy, composition, colouring, design or further.
With regards to colouring, please respect that I typically use warmer and more muted tones, and colour by eye (I do not use the eyedropper or hex codes from client references/information). I will not use saturated colours (e.g.; absolute white, pure black) unless prompted, please let me know prior to my acceptance of commission if you require this, otherwise I will take no responsibility in altering pieces for these terms within my alteration policy (see 6.3).
Whilst I’ll make every effort to ensure the piece I am creating for you is exactly how you’d like it, please bear in mind my artistic license, as I’ll always endeavour to make the piece the most pleasing on the eye.”
6.1b The client understands, respects and complies with the statement within 6.1a.
6.2a.1 Sketchbuck agrees under their discretion to revise up to three alterations within a piece if a mistake has been made by Sketchbuck in accordance with 5.2.
6.2a.2 Sketchbuck retains the right to decline any alternation in agreement 6.2a.1 that in the artist’s view is unwarranted.
6.2a.3 Additional revisions to the three alterations where a mistake has been made by Sketchbuck may incur additional charges.
6.2b.1 The client is encouraged to leave feedback after each stage Sketchbuck has made available to them in their Work in Progress in accordance with 5.3b.2 and 5.3b.3. Sketchbuck endeavours to work closely with the client’s wishes.
6.2b.2 Further to 8.1a.1 or 9.1a.1 respectively, once a stage has been completed and confirmed (or terms 5.3b.2 and 5.3b.3 have been activated), prior stages will not be altered. (see 6.3)
6.3 In accordance with 5.2, revisions not due to the fault of the Illustrator shall be charged in addition to original fees.
6.3b.2 Outside of the 14 day window, Sketchbuck has the right to refuse alterations to the piece for any reason.
6.4a.1 Alteration to pieces created by Sketchbuck shall not be made without discussion and agreement with Sketchbuck. Work altered by the client, or third parties on behalf of the client or not, may result in legal action.
6.4a.2 Alteration to pieces includes, but not limited to, the colouring of sketch and linework by Sketchbuck by client, or third parties on behalf of the client or not without discussion and agreement with Sketchbuck, may result in legal action.
6.4b Past works completed by Sketchbuck that are deemed in need of update, or alterations must contact Sketchbuck to discuss. (see 6.3b.2).
7. Unacceptable Commissions, Intellectual Rights and Sales.
7.1 As agreement 4.1a.1 states, Sketchbuck retains the right to decline the client’s brief for requested commissioned work. Reasons for rejection of the client’s brief may be due to, but not restricted to, unacceptable subject matter. Sketchbuck will not draw, under any circumstances, any sexually explicit work, hate images of any nature (including race, homophobia, transphobia and sexism), and may decline work they deem unacceptable for general audiences. Anatomical studies and artistic nudes may be accepted. Clients unsure whether their brief is acceptable are encouraged to contact Sketchbuck.
7.1a Further to 7.1 Sketchbuck refuses to work with clients who use slurs, be this in their information or character designs. This includes character genders such as h*rm and other transgender slurs. Sketchbuck works on a no-tolerance policy towards hate-crimes or anger.
7.2 As agreement 2.3 states, Sketchbuck will not knowingly create work depicting characters, designs and concepts covered by strict copyright or intellectual rights by third parties without elicit permission, and thus will refuse briefs containing such material. Work inspired by similar themes or pastiche work may be accepted. Clients unsure whether their brief is acceptable are encouraged to contact Sketchbuck.
7.3 Should the client wish to sell on Sketchbuck items, the client must contact Sketchbuck to discuss and agree terms, not doing so may result in legal action.
8. Traditional Pieces.
8.1a.1 Where available to the client, work in progress will usually have a minimum of three stages:
8.1a.2 These terms may differ according to the type of work.
8.1.b.1 Where available, the client is encouraged to contact Sketchbuck with feedback, and is permitted the option for adjusting the piece before the next stage. Pieces that have full artistic license by Sketchbuck are not applicable (see 10.7).
8.1.b.2 Once work has either been confirmed (see 5.3b.2), or work has begun on the next stage (see 8.1.b.1, or see 5.3b.3), Sketchbuck retains the right to refuse to alter the previous stage without additional cost to be paid by the client.
8.2a.1 Sketchbuck to their best knowledge will only use materials and medium of the highest professional quality to ensure longevity of pieces. Sketchbuck has full discretion to use materials and medium of their choice.
8.2a.2 Sketchbuck refuses to use lower quality materials and medium to lower costs to client.
8.2b Sketchbuck takes no responsibility for damage sustained to pieces framed, mounted and hung in unsafe location, including wear from environmental damage.
8.2c.2 Sketchbuck accepts no responsibility for damage or loss of posted items.
8.2c.3 Sketchbuck will not send work by alternative postal providers, or use a cheaper service.
Reiteration of 2.2c.2; Items that fall under ‘Traditional Pieces’ category, the client is not permitted to photograph and publish their commissioned artwork. Display is restricted to private property only. The client’s only exception from photographing and publishing their commissioned artwork is to present their piece in a display environment and to publish on personal accounts online. Additional display rights for public premises and other usage rights must be discussed and are available on a case by case basis at an additional cost. Any further publishing not stated within the agreement must be discussed with Sketchbuck, failure to do so may result in legal action.
9. Digital Pieces.
9.1a.1 Where available to the client, work in progress will usually have a minimum of three stages:
9.1a.2 These terms may differ according to the type of work.
9.1.b.1 Where available, the client is encouraged to contact Sketchbuck with feedback, and is permitted the option for adjusting the piece before the next stage. Pieces that have full artistic license by Sketchbuck are not applicable (see 10.7).
9.1.b.2 Once work has either been confirmed (see 5.3b.2), or work has begun on the next stage (see 9.1.b.1, or see 5.3b.3), Sketchbuck retains the right to refuse to alter the previous stage without additional cost to be paid by the client.
9.2a.1 Sketchbuck to their best knowledge will only use materials and medium of the highest professional quality to ensure longevity of pieces. Sketchbuck has full discretion to use materials and medium of their choice.
9.2a.2 Sketchbuck refuses to use lower quality materials and medium to lower costs to client.
9.2b Unless otherwise stated, digital pieces will be at a minimum of 300dpi, RGB.
9.2b The client acknowledges differences between screen qualities (including colour differences)and resolutions, and how this may affect their commission.
9.3a Digital files will be provided in either png or gif file, as an attachment or dropbox link.
9.3b Other file formats may be requested by the client.
9.3c Sketchbuck will not provide unflattened PSD files under any circumstance.
9.3d.1 Further to 9.3a, images will be hosted for a maximum of 7 days after completion of contract.
9.3d.2 The client accepts the full responsibility for saving and securing their files.
9.3d.3 Sketchbuck holds no responsibility to host or preserve the client’s piece after 7 days of completion.
10. Pre-made pieces, full artistic license pieces, and raffles.
10.1 This section applies to all work, not under commission or brief by client, in additional to all prior and latter Terms of Service. These pieces may include, but be exclusive to; fine art paintings, design sales, ‘adoptables’, pre-composed pieces, full artistic licence pieces, and concepts.
10.2a.2 Further to 7.3, should the client wish to sell on Sketchbuck items, the client must contact Sketchbuck to discuss and agree terms, not doing so may result in legal action.
10.3a Sketchbuck to their best knowledge will only use materials, medium and software of the highest professional quality to ensure longevity of pieces. Sketchbuck has full discretion to use materials and medium of their choice.
10.3b Sketchbuck refuses to use lower quality materials, medium and techniques to lower costs to client.
10.4 Sketchbuck reserves the right to refuse any requested change to a completed piece.
10.5 Sketchbuck takes no responsibility for damage sustained to pieces framed, mounted and hung in unsafe location, including wear from environmental damage where applicable.
10.6b Sketchbuck accepts no responsibility for damage or loss of posted items.
10.6c Sketchbuck will not send work by alternative postal providers, or use a cheaper service.
10.7 In the case of a Full Artistic License piece, the client agrees to allow full artistic freedom to the piece of work to Sketchbuck. (See section ‘Artistic License, Revisions, Alterations’, 6.)
10.9a By entering into a raffle you give permission for Sketchbuck to create a piece of art with your character should you win. All terms of service apply to this contract and you agree to this.
10.9b By entering into a raffle this does not guarentee you work from Sketchbuck. Only the winner is applicable.
10.9c Raffle prizes cannot be exchanged for worth in money, or sold on to another person.
10.9d If for some reason Sketchbuck cannot work on/complete raffle prize, no compensation for this will be offered as no money has been exahanged.
10.9e Further to terms 7, Sketchbuck reserves the right to decline raffle prize.
11. Contact Methods & Newsletter
11.1a Contact between the client and Sketchbuck instigated by the client on any of the following platforms will be accepted: Email, Website email (via http://www.sketchbuck.com), Etsy Message, Facebook Message, Twitter Message, Furaffinity Note (via http://www.furaffinity.net) and in person at events attended by Sketchbuck. Other instigating methods may be considered.
11.1b Further contact may be redirected to the following platforms: Email or Etsy Message only.
11.1c.1 Client must ensure they are easily contactable throughout the contract period, on preferred platform.(see 5.3b.2 and 5.3b.3.)
11.1c.2 Should the client be aware of reasons why other methods of contact stated in 11.1a would be preferable, this should be made clear to Sketchbuck and confirmed prior to start of work.
11.2a Requests to contact Sketchbuck via phonecall, webcam, sms, or other similar methods will be declined.
11.2b The client agrees to not contact Sketchbuck at any postal address listed on posted items, or post anything to these addresses.
11.3 An list of platforms to gain contact with Sketchbuck can be seen herein:
11.4a By subscribing to Sketchbuck’s newsletter you agree to be contacted and updated via the email you have provided by firstname.lastname@example.org.
11.4b Sketchbuck agrees that your email will not be used for any additional contact or forwarded onto external or third partied unless requested and confirmed directly by you.
11.4c You can unsubscribe at any time from the newsletter, this is an automatic procedure and will delete your details from the database. This can be done by clicking the unsubscribe link at the bottom of any email from email@example.com.
12. Additional laws and extra information.
All legally binding contracts between the client and Sketchbuck (see 4.4), whether national or international, are subject to UK laws and protections.
Additional Information for laws and rights within the UK can be found at http://www. gov.uk.
GDPR compliance policy can be found at - http://www.sketchbuck.com/gdpr
0. Terms of Service for Sketchbuck (Last Revised April 2021)
0.1 By commissioning Sketchbuck, the client agrees they have read and agree to the following terms.
0.2 These Terms of Service are subject to revision and change without notice.