commissions/terms & conditions
Please read all commissions terms & conditions before proceeding to contact k.a.asiedu.
Commissions
High-quality, personalised private commissions are taken on a case by case basis by creative, k.a.asiedu. Specify your medium, be it art, photography, or poetry.
Art includes but is not limited to acrylic works on canvas, spray paint on relevant surfaces, resin on canvas and fabric. Other mediums can be discussed with the artist but may not be accepted.
Photography includes but is not limited to works of digital photography from casual-posed portraits, outdoor landscapes, and scenes of nature. Photography prints are a standard A4 or A3 size. Other subjects and sizes can be discussed with the photographer but may not be accepted.
Poetry currently has no set boundaries. Discuss your ideas with the poet, who retains the right to not accept the commission.
All commission ideas are considered. Contact k.a.asiedu through the Commissions Form to discuss your ideas after reading the full Terms & Conditions stated below.
Follow the full and proper channels outlined in the Commissions Process, Commissions Terms & Conditions, and Commissions Form. Any deviation may result in the commission not being processed, falling through or being cancelled.
For any questions or queries about commissions or to book your commission, use the Commissions Form to contact k.a.asiedu.
How To Order
Prepare your idea in advance. The more detail there is, the better the final product. Decide on the required size and style of the piece, its subject or subjects, and the medium you want. Be prepared to answer all relevant questions about your commission and to supply any and all relevant source materials. It is important to note that commissions are pre-booked up to six months in advance on a first come first serve basis. Check the Commissions Process and Commissions Form pages on this website for up to date booking times.
Use the Commissions Form to get in contact with k.a.asiedu. Keep in mind the timeframe for replies is up to one week from initial contact. Include the type of commission in the subject line, your location for shipping estimation, and a short description in the message. At the initial contact the creative, k.a.asiedu, will fully consider your proposal. If k.a.asiedu is unable to take your commission, either because it goes against the moral and ethical standards stated in these Terms & Conditions or for any other reasons, k.a.asiedu will reply with this rejection and that commission will be permanently closed. Do not reapply without changing all relevant portions that were rejected. K.a.asiedu reserves the right to drop any and all commission services to you, the client, if proper changes are not made, the moral and ethical standards are not met continually, or there is any form of harassment, abuse or threat. This decision is final.
Once your commission is initially approved, the commission then enters the Consultation Stage. A conversation with k.a.asiedu will begin as to the scale of your commission and what it will involve. Now provide all relevant details about how you would like the piece to look or sound. Details such as colour, background, subjects, style, and any reference images as well as topic, length, and subject for poetry commissions, are key. Also be clear on any caps you may wish to impose on commission size, quality or price. This Consultation Stage is for all aspects of the commission to be approved as once your piece is confirmed and leaves the Consultation Stage for the Final Stage it cannot be edited or refunded. During the Consultation Stage k.a.asiedu encourages your input and feedback. Be honest and clear about any changes you may desire. It is in your best interest to sort any issues as early as soon as possible. Make sure to mention any edits required, additions or notes during the Consultation Stage. K.a.asiedu reserves the right to counter any suggestions for the sake of the overall commission integrity or if they go against any Terms & Conditions mentioned herein.
Based on your approval of the outline of the commission in the Consultation Stage, a deposit of half the total payment for the completed commission will be taken to secure your order and the time of k.a.asiedu, and signals the Start Of Work. This deposit is non-refundable and does not include shipping costs. See the Payment section for more details on how to pay and the payment conditions. Within a week of your order and payment coming through, you will receive a receipt to confirm the date you can expect the completed work and preemptive delivery date as well as an estimation of further costs. Note that delivery is wildly variable and not guaranteed for a specific date and time. It very much depends on your location and the shipping provider used as well as external factors such as the COVID-19 pandemic. Furthermore, once your commission leaves the workshop, k.a.asiedu is no longer liable for any delays both expected and unexpected in delivery time nor any further customs, tax, or import duties. Consult your local postal or importation services for more information.
At this juncture, with the payment and order confirmed, a deadline is put in place, and the commission is in the Final Stage. Once in the Final Stage the commission cannot be cancelled or changed, and the deposit is non-refundable. Commissions take a minimum of one month to complete. However, each commission is different, so you will receive a custom timeframe for your piece. Allow for enough time for its completion, especially if it is supposed to be a gift. Also, keep in mind shipping and delivery times can add months to the commission process depending on your location. If you require updates on the progress of your commission in the Final Stage continue to contact k.a.asiedu using the established email conversation. Replies can take a week or more from contact. Always quote your order number in all communications.
When the Final Stage is complete, you will receive a final update, including images of the completed commission if it is an art or photography commission. Full payment is now required. This includes the full shipment costs, as shipping is not included in the cost of the commission. See the Payment section for more details on how to pay and the payment conditions. For poetry commissions there is no final update stage and full payment is required to receive the completed commission by designated email. Physical items will now be packaged securely and shipped to your location. See the Shipment section for more details. The creative, k.a.asiedu, retains all intellectual property rights to the commission.
Shipment
Your commission should arrive in perfect condition. Packed carefully and thoroughly using layers of extra thick bubble wrap, rigid cardboard, and plastic wrap to give it optimum protection. To help the environment, quality recycled materials are often used. Commissions are dispatched by reputable and reliable shipping providers. All shipment costs must be paid up front for release of your commission. Any further costs such as customs, import fees or taxes are incurred by you, the client, and k.a.asiedu will not be liable for calculation, indication or reimbursement of said costs. All damages, delays or losses are the fault of the shipping provider, and k.a.asiedu will not be liable for them. Any and all shipping issues must be raised with the provider or local authorities.
Shippment costs vary on a case by case basis depending on the size of the finished commission and your location. Tracking is added as standard, so expect that to be reflected in the final cost of shipping. This is for the safety of your item, as once your commission leaves the workshop, k.a.asiedu is no longer liable for it. If you, the client, would like to pay extra for express shipment, extra tracking, or insurance, which is highly recommended, this can be arranged at the discretion of k.a.asiedu. As standard k.a.asiedu ships with DHL with prices from $100USD.
Payment
All commissions are priced on an individual basis depending on factors such as cost of materials, time to complete and complexity of the subject. Once final pricing has been decided and the amount paid, all sales are final. A commission cannot be refunded, so you, as the client, must make sure you are 100% comfortable with the design before it reaches the Final Stage. Shipping is extra to the cost of the commission and highly unique commissions may be charged in full.
PayPal payment through this website is the accepted form of payment. Half of the commission cost as the non-refundable deposit at the end of the Consultation Stage. The other half at the end of the Final Stage. With shipping costs extra to this.
Rights
All copyrights are retained by k.a.asiedu, and no reproduction is permitted without the express permission of k.a.asiedu. This includes reproducing the image or images, or writing on other items such as merchandise, using it on digital platforms such as websites and social media pages, in paper products such as flyers or for the promotion of any business or group as well as any other uses not agreed upon by k.a.asiedu in writing.
All commissions are for personal, private use. For business commissions and licenses, please contact k.a.asiedu through the Commissions Form.
Please read the detailed Terms & Conditions outlined below.
Definitions
Creative: The individual producing the Commission. (“k.a.asiedu”, “k.a.asiedu.art”, “k.a.asiedu.photography”, “k.a.asiedu.poetry”, “Kwadwo Asiedu)
Client: The individual ordering and purchasing the Commission.
Commission: The form of service provided by the Creative to the Client per the Commission Agreement. “Commission”, “Art(work)”, “Image(ry)”, “Photograph(s)”, “Poem(s)”, and “Piece(s)” are used interchangeably herein and in Commission correspondence.
Commission Agreement: The discussion, documented via email, in which the Creative and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Creative 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 in the Creative’s portfolio. This Commission Agreement shall remain on record with the Creative, along with any other documents related to the Commission, for at least two years. Ultimately, the Commission Agreement will usually conclude with:
“This Agreement is the final, complete and exclusive Agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Creative and Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed by the Creative.”
Start of Work: The point in time by which the Client has approved the Creative to start work on the Commission when the Creative begins to create the Commission.
Profile(s): Online locations where the Commission may be displayed such as “galleries”, on kaasiedu.com, Facebook, Instagram, etc. “Profile(s)” do not include any sites that display hateful or offensive imagery, illegal activities, or sites known to display, reproduce, and or sell works without crediting the Creative. Additionally, no Commission may be displayed without notifying the Creative first or as agreed upon in the Commission Agreement.
Personal Space: Non-public, offline locations, for example, a home or office, that is to say, where 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 shall 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.
Terms
1. The Creative has the right to refuse any Commission request without needing to explain the reason.
2. The Creative reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude or inappropriate behaviour, an inability to effectively communicate in the English language, or a breach of these Terms of Service.
3. The Creative will not create any depiction of sexually explicit (“x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful, offensive or racist imagery.
4. The Creative will not reproduce a copyrighted image or character without the consent of its copyright owner and as it pertains to Copyright Law.
5. By commissioning the Creative, the Client is purchasing the Creative’s labour only. The Creative retains all rights to the Commission, which includes but is not limited to: distribution, reproduction, use of the Commission for Creative promotion (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.
6. 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 fees to be defined and agreed upon in the Commission Agreement prior to the Start of Work.
7. 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 fees to be defined and agreed upon in the Commission Agreement prior to the Start of Work.
8. 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.
9. If the Commission is defined as confidential in the Commission Agreement, the Creative 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 Creative to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Creative to publicly display the image.
10. 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 Commercial Purpose Commission Agreement as defined in the Definitions section herein.
10a. The Client may not edit, alter, or trace the Commission without the Creative’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.
11. The Client may display the Commission in Profiles as long as the Creative’s name (“k.a.asiedu”) is prominently displayed along with a link to kaasiedu.com. Additionally, any Profile display of the Creative’s Commission must notify the Creative, 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.
11a. 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 Creative prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement. Additional fees may apply.
11b. Under no circumstances may the Client submit a Commission to any type of contest.
12. Digital Commissions will be provided to the Client via email or an online download location in .jpeg format for Art and Photographs and .pdf format for Poems. This does not include the Commission native files unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Creative. The Creative is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device (CD, DVD, flash drive, etc.) or print of a digital art Commission). The Client is responsible for all shipping costs.
13. The Creative 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. Three additional options are available: 1) The Client can order print(s) via the Creative’s print shop and pay to have it shipped directly to the Client’s location – these prints will not be part of a limited edition (numbered) run, or physically signed by the Creative; the Client is responsible for all shipping costs. 2) The Client can request the Creative to order a print via the Creative’s print shop, and have it shipped directly to the Creative – these prints will become part of a limited edition (numbered) run, and physically signed by the Creative; the Client is responsible for all shipping costs, including shipment from Creative to Client after the print is numbered and signed. 3) 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 Creative prior to printing.
14. If the Commission is for Commercial Purpose, the Creative 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 must be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.
15. 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 unless a change process is agreed upon in the Commission Agreement prior to Start of Work.
16. The Client may not incorporate the Commission in another work of art (or another Creative’s Commission). A take-down notice will be issued in such cases, and Term 18 will be applied as necessary.
17. 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 Creative 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.
18. The Creative has the right to pursue damages under Copyright Law, should their exist a violation in addition to a breach of these Terms of Service.
Required Client Information
Email Address: The Client is encouraged to contact the Creative via the contact form to query a Commission.
Phone Number (Optional): The Creative will not call the Client unless 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 (Zoom, Skype, Facebook Messenger, etc.) to discuss a project before signing a Commission Agreement by initially using the contact form on this website. However, the Creative must have the Client’s email address when entering into a Commission Agreement after query and discussions are complete.
Physical Address: The Creative only needs the Client’s address if the Creative 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 Creative reserves the right to contact the parent or 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.
Payment
Payment: The Creative requires a deposit payment upfront before the Start of Work, and the full payment with additional shipping costs after Completion, unless otherwise agreed upon in the Commission Agreement.
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 Creative’s preferred method of payment is via PayPal on this website.
Additional payment methods can be made available to the Client upon request.
Cancellation: Please refer to Term 17 for the refund policy.
These Terms and Conditions are subject to revision without notice. The Client must read and understand these terms before entering into a Commission Agreement with the Creative. Once the Client enters into a Commission Agreement with the Creative, it is assumed the Client has agreed to all Terms & Conditions.