Terms & Conditions

Terms & Conditions 

• By purchasing my services (art), you automatically agree to the following conditions.
• Please read this entirely and carefully. Zakuga Art will refuse your commission if you do not agree to these terms.
• If you are not comfortable with Zakuga Art's Terms of Service and/or are not willing to agree to the conditions, you may not request a commission.
• I do not allow my art to be used for AI purposes and alike. Please do not upload it to any AI sites as this could compromise my artwork.
• NFT usage is strictly forbidden.
• If you have any questions, please contact me 

 

USER AGREEMENT 

By commissioning Zakuga Art, you agree that you have read and accepted all the terms described herein.
You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated. Paintings done by Zakuga Art will be tagged to correct profiles when crediting.
Violators will be added to my blacklist indefinitely and without warning. 

  

LICENSING 
• Exclusive License will be granted upon full payment for book covers and author commissions.
 
CONFIDENTIALITY 
• All client information and materials are considered confidential. Client information and project materials will not be given out or shared with any third party, unless otherwise requested by the client. 

• Concept art may not be shared without written consent from Zakuga Art. Zakuga Art always retains all rights to concept art drawn and presented. If concept art is received from Zakuga Art and presented to another artist to reference Zakuga Art may seek legal action against offenders.  

  • You may not share Zakuga Art’s concepts outside email chain. 

 

OWNERSHIP RIGHTS 
• Upon receipt of full payment, Zakuga Art grants the client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her book and/or e-book cover/art commission and associated promotional posts i.e FaceBook. A "© Author Name" symbol may be place on the illustration by Zakuga Art for the novel name/ character(s)/ in illustration not the painting itself. This is to protect the author from other authors stealing Zakuga Art's work and using it for their promotions. This is the authors character(s) and should be protected in the best manner available, but this © does not extend to the illustration itself. Art theft is a huge problem and Zakuga Art protects art in the best manner available, including registering illustration with an online art protect so Zakuga Art is notified if illustration is trying to be resold. 

  • You do not own any copyright to Zakuga Art's illustrations. 

  • By commissioning me, you are purchasing my service as an artist only. 

  • You will retain an exclusive license for your commissioned work from Zakuga Art. 

  • No other author will be able to use your commissions for their promotions.  

• The client understands that he/she has no right to alter the final cover design in any way except to change size for printing or digital display. If the client desires any alterations, he/she will consult Zakuga Art. The client understands that additional payments may be required to make these alterations. 

• The client agrees to abide by the terms of any license agreement for any images purchased by, Zakuga Art through a third-party image provider for use in client’s book design. 

• Zakuga Art retains copyright and ownership of all design/illustrations and draft materials. Zakuga Art reserves the right to display any version of a completed project on Zakuga Art website(unless agreement is made prior), but a completed book cover design will not be shown elsewhere until published by the author or a period of 6 months after completed design. 

• If the client supplies Zakuga Art with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing the designer to incorporate them into his/her project. Zakuga Art reserves the right to request a copy of secured rights. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility. 

• You are NOT authorized to trace over my Artwork in any way, including the use of the artwork as a “base.” 

• Zakuga Art retains all copyright over work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion. 

 

CLIENT 

• You, the Client, will be expected to first read my TOS and understand my general Commission Prices. 

• Any harassment to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment. 

• Any harassment creating a critique-train on my artwork is not tolerated. I am a professional and disputes should be settled privately. If you violate this, you will be blacklisted.  

 

REQUEST FOR ADDITION USE 
• If a commissioner/client desires to use the artwork for addition uses (I.E. T-shirt/mug design/cover design/print) commission must contact Zakuga Art to work it into the existing agreement between Zakuga Art and commissioner. 

• If a commissioner/client republishes book under new pen names or publishing house client must inform Zakuga Art to work terms out with new pen or publishing house. 


ATTRIBUTION 
• Zakuga Art requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such:
“Cover Art © Zakuga Art” 

USE TIMELINE
• License for book covers lasts 7 years unless agreed upon prior. After 7 years you will have the option to renew or cancel. 


PAYMENT 

• Most online methods, check & cash via mail, and gold are accepted. 

• f you wish for a refund and Zakuga Art has already sent concepts you will only receive half payment back. If Zakuga Art has started on drawings then a 70% refund will be issued. If final is being completed no refund will be issued.

• Commercial use starts at 3500-6500 unless the amount has been agreed upon prior. Please see below for indie. Indie is 10k followers or less. You must be upfront about if you qualify for indie.

PERSONAL USE PAYMENT 
• Personal use starts on chart below:  


 Pricing

Zakuga Art Pricing

 

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