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Beware: Nayel-ie [Resolved]

WHO:
Nayel-ie, Nayelfox

WHERE:
FA: https://www.furaffinity.net/user/nayel-ie/
Due to Nayel-ie requesting to the mods that all other links should be removed, I have removed them. You can still find her on
DA, Weasyl, FB, Tumblr, Instagram, and with her TOS Homepage on Wordpress. You should be able to guess her username =)

WHAT:
Digital Drawing of my OC, later changed to Digital Drawing of Krystal from Star Fox

WHEN:
Initial contact was on December, 31st 2013. Payment was completed on the same day.
Contacted her about the commission at 23.01.2014, 03.02.2014, 21.03.2014, 07-12.05.2014, 14-20.11.2014, 21.11.2014, 08.12.2014



EXPLAIN:
Commissioned a digital drawing of my OC on Dec, 31st 2013 when she told during her stream that she needed quick money for some medical bills. I later changed that commission, with her consent, to "draw whatever you like" since she posted that she never had time to draw stuff she likes, because she is always occupied with commissions. She then started drawing Krystal from Star Fox during one of her streams crediting it to me. She never finished that drawing and when I asked about it she always told me that it would be continued shortly.
In my latest inquiry I only get very short, unprofessional and quite rough answers that she will do it when she has done the newly-accepted commissions. She, however, has no problem with accepting discounted commissions with the promise of "tonight completion".
I had commissioned her before and got time image completed in a very timely manner (if I remember correctly it was below a week, which is very fast), hence I didn't think that it would take THIS long...

PROOF:
Since I'm not a huge fan of posting several images, I will post you the links with a small explanation. All images are SFW!

31.12.2013: First contact. I wrote her the note after I had watched her stream and saw that she needed money. I would have donated it at this point, but since I don't like the concept of a donation very much I asked for a commission. This includes the PayPal address (censored) and payment details.
http://imageshack.com/a/img540/6291/ErXrK4.jpg

(Censored) PayPal payment details for the transaction:
http://imageshack.com/a/img540/6007/QlPlw3.jpg

23.01.2014: Second contact. I wrote this note after I had read in one of her journals that she had very little time to draw for herself, since she was always occupied with commissions. So I offered that she could use the time she would take for my commission to draw something that she enjoyed. She asked me what I wanted but I thought that would defeat the purpose of the idea.
http://imageshack.com/a/img674/8775/er8scm.jpg

03.02.2014: Third contact. This time she wrote me a note when she had an idea that she could draw Krystal from Star Fox. Of course I agreed, and thus the change of my commission was official.
http://imageshack.com/a/img673/683/pXwRe9.jpg

21.03.2014: Fourth contact. I wrote her a mail (during this time, her preferred way of contact) after she wrote a journal about all the commissions she still owed. If we didn't see our name on that list we should write her a mail, which i promptly did.
http://imageshack.com/a/img912/5250/2AiLOr.jpg

07.05.2014: She then did a journal (again) asking for everyone who she owed commissions to, to write her a mail - she needed this for sorting. A screenshot of said journal is included below:
http://imageshack.com/a/img746/5023/opGVke.jpg

07-12.05.2014: Fifth contact. My mail answering her call to the journal above. During this mail I offered to take a different form of compensation for my money (Sketches, Lineart), because I was learning to draw and would have used those as study objects. She refused and reassured me that she was still doing the Krystal picture.
http://imageshack.com/a/img908/9935/spVJNi.jpg

14.11.2014: She created two journals selling discounted commissions. One with a promised "tonight completion" turnaround. She even said that she would stream those commissions on her Livestream.
http://imageshack.com/a/img537/5365/vUF9c9.jpg

14-20.11.2014: Sixth contact: I noted her about my commission and this time I didn't get a single friendly reply like in the last notes or mails. She seemed very short tempered and busy and didn't answer any of my questions in a manner that I would expect from a professional artist. In between I even asked for some better communication, but this request was simply ignored.
http://imageshack.com/a/img673/3372/lwW0Lr.jpg

21.11.2014: Seventh contact: I sent her a note after I spoke with my lawyer about possible legal steps. I've set a deadline to give her enough time to either finish the image, refund me or find a suitable solution. The deadline got extended, since she wasn't at home until 2 weeks later.
http://imageshack.com/a/img538/1575/RCT3Ov.jpg

08.12.2014: Eighth contact: I sent her a reminder since she should have already been back from her trip.
http://imageshack.com/a/img901/1170/O7lI6S.jpg

Well I haven't heard anything after that. Now I think about suing her for fraud, which would be a felony. Sure, it would cost me a lot of money beforehand (would have to hire a lawyer in Canada .. from Germany) but since I can throw all those charges at her I am not very worried about it, especially since I have a legal insurance which would cover those things as well.

reading the comments on the other A_B posts about her (http://artists-beware.livejournal.com/807348.html and http://artists-beware.livejournal.com/802050.html) she seems to owe art for multiple thousands of dollars.. however she doesn't have a problem scamming those customers and accepting new commissions or even do free art streams:
http://imageshack.com/a/img540/7766/1U0E19.jpg
http://imageshack.com/a/img661/4571/cT7WqP.jpg

PS: As for everyone that she owes commissions to, I can only give the advice to REPORT her to PayPal. You won't get your money back (unless you have purchased physical goods from her), but the more people report fraudulent transactions with her account the more likely it is that they will investigate and/or stop her from using PayPal which would slow her shenanigans down by a huge amount, at least for future commissioners.
-> and no, if she would like to issue a refund with PayPal they would gladly allow those transactions, even if they banned her from using it!

UPDATE:
I had to remove all links to her profiles, except her FA page. Nayel-ie requested this from the mods and I complied. Here are a screencap of her old TOS, since she changed her since.
http://imageshack.com/a/img661/4160/YVbr3S.jpg
http://imageshack.com/a/img538/5366/a0a8pW.jpg

Also I received a reply to one of my last notes and she said that she would complete the image in the following days.
http://imageshack.com/a/img913/9884/BjG2FC.jpg

2 days later (the day she wanted to give me the image) I watched one of her Livestreams and she showed me (and the other viewers) a progress shot. The image was 80% completed at that time, thus I gave her 2 additional days. Since I didn't hear anything from her after that I sent another note.
http://imageshack.com/a/img910/6646/h96zQF.jpg

On December, 21st I received a note with a link to the final image (FA Version shown below) which brings this annoying journey to an end.
https://www.furaffinity.net/view/15279262/

It's sad that you have to threaten an artist with legal action for their own incompetence to stick to a contract. It's also sad that Nayel-ie never apologized for the delay or her attitude. It looks to me like she thinks she's done everything right and has nothing to fear. Well from a legal standpoint that might be correct at least with this case. I just hope that her other customers are just as "lucky" to get their work done as well.. there are far to many out there who have to wait for their art; Art they already have paid for.

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Comments

( 20 comments — Leave a comment )
Nova_wuff
Dec. 18th, 2014 12:15 pm (UTC)
Again!?
Wholy! This is like the second AB I've seen for her in less than 2 months.
Not to mention she already has previous AB's.
Crazy.

Defiantly well Warranted.

Also sorry things didn't work with you and her. I know the feeling all to well as it has happened with other artists.


Edited at 2014-12-18 12:16 pm (UTC)
shark5060
Dec. 18th, 2014 12:24 pm (UTC)
I've linked the other two A_B about her in my text above .. so yeah. I am kinda fed up with her attitude tho since she doesn't even apologize and it seems she thinks that she is in the right.

I am still thinking about suing her for fraud, but since she's located in Canada and I'm from Germany this would require me to hire a lawyer over there. Not that my legal insurance wouldn't cover it, but it's a huge hassle over the amount of 110$ ... so meh. Would give her something to think about tho, and a felony charge by her name isn't something that she should take lightly.
gatekat
Dec. 18th, 2014 02:09 pm (UTC)
If you can do it, it might just get through to her.
Not many can afford to take legal action.
kattotang
Dec. 18th, 2014 04:12 pm (UTC)
Ugh, I'm sorry you got duped by her, OP. I think this is the 3rd or 4th A_B I've seen about her, and just...I'm amazed she can even still get people to commission her.
shark5060
Dec. 18th, 2014 04:17 pm (UTC)
well her art is still very nice. She IS skilled after all.
Just unreliable as fck, which is a huge problem =)
kattotang
Dec. 18th, 2014 08:30 pm (UTC)
There are plenty of people out there with nice art though, who *are* reliable and don't have absolutely atrocious ToS's, so...it's just really sad to see her keep doing this over and over.
shark5060
Dec. 18th, 2014 08:54 pm (UTC)
oh never said there wouldn't be ^^
latiro
Dec. 19th, 2014 12:56 am (UTC)
I'm not surprised by this at all. In fact, I had a feeling that Nayel-ie is going to end up like Pirate-Cashoo. (have you read the AB posts about Cashoo? Because good lord!)
shark5060
Dec. 19th, 2014 07:49 pm (UTC)
I have now .... lot's of similarities. Let's hope for her that she gets the message tho.
shark5060
Dec. 19th, 2014 06:29 pm (UTC)
I don't know if I should write updates in the initial post or via comment ... but whatever.

This evening Nayel-ie was doing one of her recent "free art" streams and I asked her for an update. She showed the viewers the progress and it seems the image is almost completed. That plus some notes we exchanged yesterday I might be lucky and get the image in a couple of days.

Let's hope for the best (both hers and mine).
aerospiritual
Dec. 19th, 2014 10:31 pm (UTC)
Fingers crossed for you! I wish you all the best in getting this settled.
shark5060
Dec. 20th, 2014 02:28 pm (UTC)
wasn't meant to be a reply.

Edited the content out and added a new comment at the right spot.

Edited at 2014-12-20 05:32 pm (UTC)
shark5060
Dec. 20th, 2014 05:34 pm (UTC)
Update:
Nayel-ie requested, through the mods, that all links except her FA should be removed ............

Well I won't comment on that here, but it tells so much XD

Update2:
She also updated her TOS homepage, which I am no longer allowed to link, to a bit more ... reasonable standard. Still some red flags, but not as much as before. It is still invalid in at least 2 points when it comes to Canadian law, but well - guess she didn't care before so why should she now.
When I'm back at work on Monday, I will add screen-caps of the OLD TOS to my initial post, since I saved them there.
tock_fast
Dec. 20th, 2014 10:07 pm (UTC)
She can update her ToS all she likes, but I doubt it will change her business practices and unreliably which is the main problem when working with her.

Sorry you had to wait so long; especially for something that you gave her complete free reign on!

I commissioned her a year ago in stream, and the art, though completed; was significantly less detailed than the examples shown at the time. Ending up unwatching her shortly after.
shark5060
Dec. 21st, 2014 08:04 am (UTC)
Update:

Whow I can't believe it. It is finally completed!

https://www.furaffinity.net/view/15279262/
celestinaketzia
Dec. 21st, 2014 09:41 am (UTC)
If you consider this resolved I can mark it as such for you.
shark5060
Dec. 21st, 2014 06:05 pm (UTC)
yes, I consider this resolved - you may mark it as resolved.

I will, however, edit the initial post with all updates and a screenshot of her old TOS, if that's okay.

thanks
hidden_kyuubi
Dec. 22nd, 2014 10:30 pm (UTC)
It's cute but the anatomy is slightly off(torso/head to leg length ratio).
celestinaketzia
Dec. 22nd, 2014 10:43 pm (UTC)
Mod Comment
Just a gentle reminder that we discourage critique unless the quality of the work is part of the beware. (IE: They delivered something below the quality that was advertised.)

This comment is unwarranted, and we ask for care in the future to be more mindful.
shark5060
Dec. 22nd, 2014 08:24 am (UTC)
Final edit done, added screencaps of the old TOS and some screens of the final notes + describing text.

Thanks for all the good wishes etc, I really hope other customers of her can resolve their issues with her as well without having to threaten with legal action (or even have to follow through with it ... which in the other hand might be a wakeup call tho).
( 20 comments — Leave a comment )

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