CAFZKASOFT

terms and conditions

The following Terms & Conditions are for the Commission of original artwork or designs from
@cafzka/cafzkasoft. The following information must be read fully and accepted before signing and dating the final Commission Agreement, which is legally binding.DEFINITIONS:ARTIST
The individual producing the Commission
CLIENT
The individual purchasing the Commission.
COMMISSION
The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and in Commission correspondence.
COMMISSION AGREEMENT
The discussion, documented via email (or where email is not available, via social media direct message), 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 commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, Transfer of Copyright, 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.
START OF WORK
The point in time by which the Client has approved the Artist to start work on the Commission (e.g., Artist begins to create the Commission).
PROFILE(S)
Online locations where the Commission may be displayed (e.g., “galleries,” such as cafzkasoft.carrd.co, Twitter and Instagram, DeviantART.com, Tumblr.com, Reddit.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.
TRANSFER OF COPYRIGHT AGREEMENT
The discussion, documented via email (or where email is not available, via social media direct message), in which the Artist and Client agree to transfer Copyright of the Commission from the Artist to the Client. This does not include Trademark.TERMS1. SALE
The Artist hereby sells or transfers the Commission to the Client at the agreed value written in the Commission Agreement prior to the Start of Work.
2. PAYMENT
Full payments must be made in the signing of the Commission Agreement prior to the Start of Work, or alternatively, a 50% up-front fee can be paid after the approval of the Commission Draft. In the event that payment is made in installments (i.e. 50% up-front), ownership of the Commission will only pass from the Artist to the Client on receipt of payment in full. The Commission will not be sent to the Purchaser until the agreed payment amount has been received. Payment method is determined as written in the Commission Agreement prior to the Start of Work (i.e. bank account transfer, PayPal). The Artist will confirm payment once drafts have been seen and agreed upon by the Client; any further work on the Commission will be with-held until this agreement is made and payment received.
NOTE: All prices are specified as United States Dollar ($USD). It is the Client's responsibility to ensure that they have converted currencies based on current exchange rates.
3. DECLINE OF OFFERS
The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain the reason for decline out of courtesy).
4. PRIORITY OF OFFERS
Due to the nature of said work hours, the Artist will prioritize each Commission request accordingly. Commission offers that satisfy the following components are placed as higher priority than other offers. These components include: the Artist's skill level, availability, flexibility of deadlines, subject matter, pricing and shipping.
NOTE: The Artist will not create any depiction of sexually explicit materials, or any form of hateful, racist, violent or gory imagery.
5. ARTIST CANCELLATION OF COMMISSION
The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, inappropriate behavior, an inability to effectively communicate, or a breach of these Terms of Service.
6. ARTIST COPYRIGHT & REPRODUCTION
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 new Terms of Service agreed upon in a "Transfer of Copyright Agreement" as defined in the Client Documents. 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 "Transfer of Copyright Agreement." 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. Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.
7. COMMISSION DESCRIPTION
The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work. Commission pricing details can be viewed here; all prices are as a guide only and may not represent the final price of a particular Commission.
8. DEADLINES & FLEXIBILITY
The Artist may not take on Commissions that have a) strict or short deadlines; and b) if the Client is not flexible on deadlines. 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. The Artist, to the best of their ability, can give a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work. The Artist will inform the Client regularly or progress (including photos) or if changes to completion times have occurred. The Artist is not obliged to explain reasoning behind extensions or delays for the completion of a Commission, but will often do so out of courtesy.
9. CONFIDENTIALITY
If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the time-span in the Commission Agreement to eventually allow the Artist to publicly display the image.
10. PUBLIC DISPLAY & USE
The Client may display the Commission in Profiles as long as the Artist’s name is prominently displayed along with a link to cafzkasoft.carrd.co or "@cafzka" for social media accounts. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in the Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.11. COMPETITIONS
Under no circumstances may the Client submit a Commission to any kind of online or offline contest.
12. DIGITAL COMMISSIONS
Digital art Commissions will be provided to the Client via email or an online download location in .jpeg or .png format (PDF possible); this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist. Files will be of highest resolution and include both signed/watermarked and un-watermarked copies of the finished product. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission) unless signed and agreed upon in the Commission Agreement prior to the Start of Work.
13. TRADITIONAL COMMISSIONS
Traditional art Commissions will be provided to the Client via postage and shipping. The Artist and Client will negotiate on which party will pay costs and expenses, including insurance, for the crating, packing and shipping of the [traditional] Commission for delivery to the Client. For domestic shipping, the Artist may be more willing to pay for postage fees and framing for small-scale commissions. For medium and large-scale commissions, or international Clients, the Artist will often expect the Client to pay for framing, mounting and shipping fees. These fees will be determined during the Commission Agreement prior to the Start of Work.
14. PRINTS & PRODUCTS
The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. The Client may use the digital (.jpeg, .png or .PDF) file for local printing, so long as it does not breach Term 7, Term 11, Term 12, and the Client obtains expressed written permission from the Artist prior to printing.
15. PROMOTION
The Artist may use any images of the Commission for promotional purposes, unless otherwise agreed upon in the Commission Agreement (see Term 10 - Confidentiality). The Artist may also sell Limited Edition Prints or merchandise of the Commission (i.e. art books) only with written agreement from the Client.
16. ADDRESS NOTICE
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 prior to such change.
17. NON-DESTRUCTION
The Client will not permit any intentional destruction, damage or modification to the Commission.
18. RESTORATION
If the Commission is damaged or mistakes are evident, the Client will agree to consult the Artist before any restoration and must give the Artist the first opportunity to restore it, if practical.
19. AUTHENTICITY & PROVENANCE
Upon request, the Artist will furnish the Client [and their successors] a written history and provenance of the Commission, based upon the Artist’s best information as to shows. A Certificate of Authenticity (signed and dated by the Artist) is provided with each original artwork, limited edition print or digital copy.
20. ARTIST’S ACCESS
The Artist may have access to photograph or share the Commission at no expense to the Client and upon reasonable notice to Client.21. NOTICE
A Notice, in the form below, must be permanently affixed to the Commission, warning that ownership etc., is subject to this contract. If, however, a document represents the Commission or is part of the Commission, the Notice must instead be a permanent part of that document.
22. EXPIRATION
This contract binds the parties, their heirs, all their successors in interest, and all Client's obligations are attached to the Commission and go with ownership of the Commission, all for the life of the Artist and Artist’s surviving spouse plus twenty-one (21) years, unless otherwise stated.
23. MORAL RIGHT
The Client will not permit any use of the Artist’s name or misuse of the Commission which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Commission.
24. DAMAGES, THEFT & MISPLACEMENT
The Artist is not responsible for any damages made to the Commission [traditional or digital print] except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the Commission. The Artist will ensure packaging of the [traditional or digitally printed] Commission is safe and secure, and will provide postage and tracking details to the Client once the Commission has been posted. The Client accepts all possible risks once the Commission Agreement has been signed and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the Commission, and must provide evidence of said damages. If the Commission has been damaged but the Client wants to retain ownership, the Artist will refund 50% of the full amount back to the Client or as negotiated. If the Commission is stolen, lost, or perished during transit, the Artist will refund 50% of the full amount back to the Client or as negotiated [traditional and digital print]. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded. The Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Commission by other parties if a "Transfer of Copyright Agreement" was made.
25. REFUND POLICY
If the Client is unsatisfied with the Commission for an appropriate reason, they must contact the Artist within seven (7) days of receiving the final Commission. Disliking the Commission or change of mind are not considered for a refund; this is minimized by providing drafts and progress photos throughout the Commission process. The Client must state if they want a full refund or an alternative replacement. The Client will have thirty (30) days to send the [traditional] Commission and seven [7] days to send the [digital] Commission back to the Artist, otherwise a refund will not be made. The Client must return the Commission in original packaging with all documents, including the Commission Agreement and invoice; digital formats of the Commission must be destroyed by the Client. Postage/shipping costs and expenses will be paid by the Client. The refund will be paid back in full to the Client at the discretion of the Artist once the Commission has been received and in the described condition. For refunds regarding damages or misplacement in transit, please see Term 24 above.
26. COMMISSION CONFLICT
The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 30 will be applied as necessary.
27. PREVIEW REQUESTS
The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work or approval of the draft, unless agreed upon in the Commission Agreement prior to Start of Work.
28. MISCELLANY
This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provision hereof.
29. DAMAGES
The Artist has the right to pursue damages.
REQUIRED CLIENT DETAILSNAME
The Client must state their name for a Commission (full-names are not required).
EMAIL ADDRESS
The Client is encouraged to contact the Artist via email ([email protected]) or contact form to query a Commission.

OTHER FORMS OF COMMUNICATION
The Client may request a different form of communication (e.g., Discord, etc.) to discuss a project before signing a Commission Agreement, by initially using the contact form on this website. However, the Artist must have the Client’s email address when entering into a Commission Agreement after query and discussions are complete.
PHYSICAL ADDRESS
The Artist only needs the Client’s address if the Artist is shipping a [traditional art] Commission or a digital art print.
AGE
If the Client is under 18, the Client must supply contact information for a parent or guardian. The Artist reserves the right to contact the parent/guardian of an under-aged Client, to ensure that there is no breach in the Terms of Service, and the Client is able to pay for the Commission.
SPECIFICATIONS FOR COMMISSION
After the Client has read the Terms and Conditions above, checked Commission availability and price details, and made themselves familiar with the Documents required for a Commission Agreement, they can then contact the Artist about their proposal.
The Client should state the following:
Commission type (i.e. small-scale, high-detail, long working hours etc.)
The subject matter of the Commission (i.e. portrait, illustrative animals, logo, scenery, realism etc.)
The mediums required (i.e. traditional painting, drawing, digital etc.)
Size specifications (i.e. canvas size, resolution)
Deadlines, if any (must be flexible)
References or examples (i.e. character reference sheets, style references, photographic references etc.)
Themes (i.e. if the image should portray anything)
Copyright expectations (i.e. Transfer of Copyright)
Additional requests (i.e. digital prints, framing and mounting etc.)

about

My name is Carlos Zapata. I'm currently a freelance artist based in Puerto Rico. My academic background includes a BS in Electrical Engineering at the Univeristy of Puerto Rico - Mayaguez as well as a BA in Digital Animation Sciences at Atlantic University.Whether it's by designing characters and settings or working on animated projects, I take great inspiration in my art from the cartoons and video games I grew up with and try to invoke the same colorful energy from those works in mine.