Question 1

Definitions

Accepted Answer

Artist: The individual providing the Commission (“Zena Nisha” , “Made by Zena” or “zena.create”).

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. Email, Instagram or WhatsApp, 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.

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.zenanisha,com, Facebook, Instagram, Twitter, TikTok, etc.)

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.

Question 2

Terms & Conditions

Accepted Answer

Made by Zena Terms & Conditions

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.

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

The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behaviour, an inability to effectively communicate in the English language, or a breach of these Terms of Service.

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.

The Artist will not create any depiction of sexually explicit materials, fetishes, or any form of hateful or racist imagery.

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

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

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.

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 timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.

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]

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.

The Client may display the Commission in Profiles as long as the Artist’s name (“Zena Nisha, or “Made by Zena” (IG: @zena.create) is prominently displayed along with a link to www.zenanisha.com.

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.

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

Digital art Commissions will be provided to the Client via email or an online download location in .jpeg 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.

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.

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.

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

The Client must send payment via bank transfer and send a screenshot via email to confirm payment, the artist will acknowledge the payment once received.
Deposit: If Client approves the price quote, an invoice will be automatically created and sent to them. Unless other terms are specified, the artist will ask for 50% of the quote as a down payment. This term will be mentioned in the quote and in the invoice. The down payment is non-refundable.

Question 3

Required Client Information

Accepted Answer

Email Address: The Client is encouraged to contact the Artist via email (madebyzena@gmail.com) or quote 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, WhatsApp, Facebook Messenger, Instagram, 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.

Question 4

Intellectual Property (Social Media Privacy)

Accepted Answer

The customer understands that any work created by Made by Zena (@Zena.Create) under commission for the customer, including but not limited to henna candles, ring trays, digital art and nikkah contracts is the intellectual property of Made by Zena (@Zena.Create). If the customer does not want the product or design created by Made by Zena (@Zena.Create) to be shared on social media an excess fee of “$25 (for orders under $100) & $50 (for orders over $100)” will apply. The customer understands that this fee is charged to compensate Made by Zena (@Zena.Create) for the inability to market their product and thereby receive further customers.

FAQ

Frequently asked questions

Definitions

Terms & Conditions

Required Client Information

Intellectual Property (Social Media Privacy)