Terms of Service

Updated 05/18/21


Upon approval of commission, the client agrees to follow ETHOS BY KAI KWAN ’s Terms of Service and Courtesy for Commissions


  1. Communication


Respectful language will be practiced during communication

Open mentality and expressive detail should be kept in mind

Communications must be done through spark to start business secure contact






  1. Pricing, Expenses, and Fees


A) Pricing is non-negotiable and will be defined by


B) A Full Detailed Summary Will be Invoiced, and upon confirmation, a 2-part renumeration arrangement will be in set.


Part 1 consist of 50 percent of commission invoice upfront. Part 2 consists of remaining balance including any additional fees.


All invoices are payable within 3 days of receipt in. Work will not commence until Part 1 has been fulfilled.

After 3 days, the commission will lose it’s prioritization. Prioritization on all commissions as a whole is based on deposit date received, and estimated time of completion.


  1. Rights


A) Client Content. Original Client content, including all pre-existing Trademarks shall remain the sole property of client or its respective suppliers.

B) Third Party Materials. All Third Party Materials are the exclusive property of their respective owners.

C) Preliminary Works. ETHOS BY KAI KWAN retains all rights in and to all Preliminary Works. Concept or unfinished work may be used for personal purposes and future inspiration.


  1.  Rights to Art


I retain the right to reproduce, publish and display the art in portfolios throughout websites, for use in video and paper published content, art galleries, design periodicals, trade shows and other media. I also retain the right to use the art to sell prints or to use as advertisement of my work with permission from the client.


If work is of original client content or concepts, then client has the right to decline the sale distribution of final art.

 non-commercial commissions:

ETHOS BY KAI KWAN grants the clients modification rights to use, distribute, reproduce, adapt, modify and display the final art so long as no profit is made from the work, and proper credit is given to ETHOS BY KAI KWAN and it’s Brand.

*Proper Credit includes

  • Digital distribution: linking, tagging, or mentioning the website or brand sparktostart.com


  • Physical Display: verbal accreditation to ETHOS BY KAI or the Artist, Kai Kwan.


Commercial commissions

For commercial commissions where Exclusive Rights and Licenses are sought for to redistribute and use in any form for any form of profit, a $800 purchase option is required.

Any violation of Spark to Start’s Terms of Service and Courtesy for Artist Commission under Rights to Art may result in legal penalties.


  1. Changes and Fees


A) General Changes. I will allow three (3) instances where changes may be requested. During the initial thumbnail phase, the sketch phase, and the flat color phase. Any changes after that may result in a fee.


B) Substantive Changes. Only 1 Case of Substantive Change will be allowed, and a fee of 50 dollars will be charged. If you request or instruct changes that are reasonably considered to be excessive in regulation of these terms, I reserve the right to issue a secondary invoice, followed by the same payment procedure. Work will not commence on the revised services until a final confirmation is set. Part 1 of secondary invoice must be fulfilled, along with any Substantive Change Fee.


C) Timing. 

The Commissioner will be attentive to response and prioritize your commission. The client reserves all right to review works in progress and provide commentary. Change requests, approvals of change, etc., will be given a reasonable timeframe of 3 days to be confirmed. Please note that if a deadline is set in place, ability to deliver the final product is affected by delayed responses. The commissioner will be sure to communicate any delays just as respectfully.


8.  Refunds & Cancellation

Refunds of commissions are on a case-by-case basis. refunds will be provided if the work is unable to be finished, if you cancel the commission, or if the artist cancels the commission.


The amount refunded will reflect on the finished amount the artwork has.

70% of the commission price will be refunded if cancelled during the sketch phase

50% of the commission price will be refunded if cancelled during the flat color phase.

100% will be returned if the artist cancels the commission.


Please note, after the flat colors have been approved, the commission may not be cancelled unless the artist is unable to complete your illustration.


If you agree to these terms and are ready to custom order, please proceed with the commission process.