Order Terms & Conditions

1. Definitions

Artist: The individual providing the Commission (“Dury Nelson” Derek G. Nelson, or “McKellsen”).

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 via any other communication service, e.g. Messenger), in which the Artist and the 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, and/or whether or not the Commission can be immediately displayed on the Artist’s portfolio.
This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.

Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission (i.e. The price quote is approved by the Client and the first invoice is paid, this is when the Artist begins to create the Commission).

Profile(s): Online locations where the Commission may be displayed (e.g. “galleries,” such as www.mckellsen.com, Facebook, Instagram, Twitter, DeviantART, Tumblr, 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.

Commercial Purpose: Any image or project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service may be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work.

Commercial Purpose Commission Agreement: A Commission Agreement developed specifically for Commercial Purpose Commissions. A Commercial Purpose Commission Agreement requires separate Terms of Service, developed on a case-by-case basis.

2. Terms

1. 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. The Artist has the right to refuse any Commission request, without needing to explain the reason.

3. The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, or a breach of these Terms of Service.

3a. If at any point the Client has failed to respond to messages or status updates provided by the Artist for a period of longer than one month, the contract may be rendered void and further work will require renegotiation.

4. The Artist will not create any depiction of any form of hateful or racist imagery.

5. The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to the Copyright Laws.

5a. The Client may be required to provide suitable photographs for the commission work to be produced. The Client must have permission to use such photographs & it is their responsibility to not breach any copyright laws.

6. 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 Commercial Purpose Commission Agreement as defined in the Definitions section herein.

7. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

8. 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 may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

9. 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.

10. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display (e.g., live-streaming process, uploading to site, social media, etc.) 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.

11. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original [traditional art or the purchased print of a digital art] Commission or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.

11a. 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.

12. The Client may display the Commission in Profiles as long as the Artist’s name (“Dury Nelson” Derek G. Nelson, or “McKellsen”) is prominently displayed along with a link to www.mckellsen.com. 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. Commissions in Profile displays cannot breach Term 10, Term 10a, or Term 14.

12a. 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 a Commercial Purpose 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.

12b. Under no circumstances may the Client submit a Commission to any kind of online or offline contest.

12c. The Commission is not to be used for Artificial Intelligence (AI) software training.

12d. The Commission is not to be involved with nor included in Blockchain or Non-fungible Token (NFT) portfolios.

13. Digital art Commissions will be provided to the Client via email or an online download location in .jpeg and/or.png format; 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.
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); the Client is responsible for all shipment costs.

14. 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. Two additional options are available:

1. The Client can request the Artist to provide a signed print – these prints will become part of a limited edition (numbered) run, and physically signed by the Artist; the Client is responsible for all shipment costs, including the shipment from the Artist to the Client after the print is numbered and signed.

2. The Client may use the digital (.jpeg) file for local printing, so long as it does not breach Term 11, Term 11a, Term 11b, or Term 16, and the Client obtains written permission from the Artist prior to printing.

15. If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service may be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work. 

16. The Client may request a preview of the Commission at any time during the creation process, but may not request significant changes to the Commission after Start of Work, unless a change process is agreed upon in the Commission Agreement prior to Start of Work.

16a. Some changes, if approved, will require renegotiation of the time-frame and the fee.

16b. Up to two minor revisions will be allowed during final approval before a additional fees will be charged.

17. 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 18 will be applied as necessary.

18. Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.

18a. Should the Client cancel the commission agreement after Start of Work, Artist reserves the right to charge up to 85% of the total projected costs. The scale of the charge will be dependent on the discretion of the Artist and the stage of the project at the time of cancellation.

19. The Client will not permit any use of the Commission or misuse the Artist’s name in any way which would reflect discredit on his reputation as an artist, or which would violate the good spirit of the Commission.

20. The Artist reserves the right to collaborate with, or supervise, other artists to deliver the Commission.

21. The Artist has the right to pursue damages under the Copyright Laws, should there exist a violation in addition to a breach of these Terms of Service.

22. The Client agrees that it shall not hold Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Artist or of any third party.

23. The Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of the Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist.

3. Required Client Information

Email Address: The Client is encouraged to contact the Artist via email (dury@mckellsen.com) or contact form to query a Commission.

Phone Number (Optional): The Artist might call the Client when there is a conflict in schedule, payment, or a breach in the Terms of Service.

Other Forms of Communication: The Client may request a different form of communication (e.g., phone call, SnapChat, Discord, Facebook Messenger, etc.) to discuss a project before signing a Commission Agreement, by initially using the quote 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 (Optional): The Artist only needs the Client’s address if the Artist is shipping a [traditional art] Commission or a digital art print. 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.

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: Please refer to Term 3, Term 4, Term 6, Term 7, Term 8, and Term 9 for guidance.

4. Payment

Payment: Charges for services are defined in the price quotation that the Client will receive, upon request. Quotations are valid for a period of 30 days.
Unless stated otherwise, The Artist requires 50% of the payment up front before Start of Work and the rest of the payment to be submitted before the delivery of the Commission, unless otherwise agreed upon in the Commission Agreement.
When work on the final Artwork is complete, a low resolution or watermarked version will be shared with the Client for final approval. By giving final approval the Client is agreeing that the Commission is complete and the final payment of 50% of the total fee is due.
Once the price is paid in full, the Commission will be provided in the form agreed upon in Term 12.

Currency: All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit XE.com for accurate currency conversions.

Method: The Artist’s preferred method of payment is via Paypal.
For clients who don’t have a PayPal account, credit card payment is accepted through the website. The service is provided by PayPal and it does not require creating an account. The service accepts all types of credit card brands, including the major names like Visa, Mastercard, Discover and American Express.
Other payment methods can be made available to the Client upon request.

Late Fees: If the Client fails to pay the final payment within 30 days of notification of Commission completion, 5% of the original fee will be added for every month the payment is late. Once this price is paid in full, the Commission will be provided in the form agreed upon in Term 12.

Cancellation: Please refer to Term 18 for refund policy.

5. 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.

6. Modifications

These Terms and Conditions are subject to revision without notice.