terms of service

This Terms of Service Agreement ("Agreement") is entered into between the Artist and the Client for the commission of an artwork ("Work"). By commissioning the Artist, the Client agrees to the following terms:✿ ENGAGEMENT ✿Summary: We both know what we want, agree to the requirements of the project and promise to uphold our own responsibilities and due diligence before we start.1. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
2. Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design and reference material for the use of the Work.
3. Client warrants that the character design and reference material provided to the Artist are legally obtained and authorised for use by the Client.
4. Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.
5. Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to Artist’s best knowledge.
6. Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
7. Artist warrants that they will not copy or heavily reference unauthorised materials.
8. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
9. Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretion which may include private message through Discord or Twitter, VGen platform, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.✿ CONTENT ✿1. Artist will not create content that is offensive.
2. Artist will work with any theme, any character, and any concept, as long as it doesn’t involve sensitive, harmful, or conflict-starting content.✿ TIMELINE & PROCESS ✿1. Work completion requires 2 weeks minimum, and may take up to 7 months depending on each project.
2. Timeline depends on commission type, complexity, and workload.
3. Client should plan launches and streams accordingly.
4. Artist provides progress updates and seeks Client feedback voluntarily.
5. Final deliverables are provided by the Artist using the VGen platform, Google Drive or similar file transfer tools.
6. If there are any delays and adjustments to timeline, the Artist will inform the Client.
7. Clients must agree to delays exceeding 3 months through standard communication channels.
8. Clients have the right to request refunds 3 months after deadlines if Work has not been delivered and there was no agreed upon amendment to the timeline.✿ REVISIONS ✿1. One major revision allowed per item shown to the Client during the process.
2. After line art, only minor revisions are allowed.
3. Additional charges for excessive revisions may be required.
4. Revisions may affect progress and timeline.✿ COMMUNICATION ✿1. Ongoing communication and discussion will occur throughout the project, including but not limited to work in progress, idea generation and collaboration, situational updates, and more.
2. Communication channels may include a dedicated commission Discord server, Discord or Twitter private messages, Trello, or others according to Artist discretion.
3. Artist response time may vary, up to one week in order to provide better or more concrete updates.✿ RIGHTS & USAGE ✿Artist RightsThe Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch) and more.Client Rights1. Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to next section for commercial rights.
2. Personal use means: display on social media accounts for promotional purposes with no direct monetization such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.
3. Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.
4. Client must not edit or modify Work in any way without prior permission from the Artist.Commercial RightsDue to client's business and commercial or promotional usage of illustrations, these are charged differently. A commercial commission is an option for clients that would like to profit from my illustrations, and I divide these into two categories as listed below in the "Commercial Use Fees Examples"; if you have any questions, please do not hesitate to message or email me.Q- What are commercial commissions?Any artwork that will be used for promotional, commercial purposes or as branding, such as (but not limiting to): panels, overlays, banners, social media posts for PAID ADVERTISING, YouTube thumbnails, and physical merchandising. Promotional merchandising is also included in commercial category.IMPORTANT: If you plan on having the art on physical media BUT just for personal use, for yourself and not as freebies/using as free promotional material of your brand, as in stickers, charms, posters, etc., then the commercial fee is not needed. It's only needed if using as promotional material.Aren't included: Regular posts over social media, as long as you're not paying to advertise these posts inside or outside the platform. Profile pictures and vtuber schedules aren't included in commercial use.Commercial Use Fees Examples:2x base price tier: for commissioners that desires to use artwork as digital content creation assets, in monetized platforms, or promotional material. For example:- PNGtubers;
- Art for overlays, banners, panels, etc., that will be used in Twitch, Youtube, livestreaming websites or other monetized platforms;
- Art for Patreon and membership websites in general as digital rewards behind a paywall;
- Art for paid ads campaigns, promoted social media posts;
- Art for Promotional material that won't be resold. Promotional material that will be given out for free in order to increase brand awareness or reward brand followers. Examples are, but not limiting to, flyers, business cards, stickers, keychains, art prints, tote bags, etc.3x base price tier: in addition to using the artwork in the forms listed above, commissioner is allowed to use the artwork in physical media and sell it. For example:- Comic covers;
- Stickers;
- Apparel, such as t-shirts;
- Charms, keychains;
- Pins, bottoms, enamel pins;
- Standees, figures;
- Posters, art prints, etc.General Rights1. Except by the Client and any authorized personnel, the Artist's Work must not be reposted or used in any capacity by any other party without express written permission.✿ PAYMENTS ✿1. Client pays up to $150 value, or pays a 50% downpayment for higher value projects.
2. In the case of projects above $150, 50% is due at first complete preview of the final deliverables.
3. Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work. Clients must not send money before these requests for payment from the Artist.
4. Invoices must be paid within 72 hours, or the project may be cancelled.
5. Prices are paid via VGen
6. Prices may vary or change depending on complexity, requirements and/or additional requests.
7. Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.
8. Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed.✿ CANCELLATIONS & REFUNDS ✿1. If Client requests cancellation, 50% of project fees may be forfeit if cancelled within 2 days before work starts. A partial to full refund may be provided if there is more than 2 days’ notice.
2. No refunds are possible after work begins unless initiated by the Artist.
3. If Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund only.✿ INDEMNIFICATION ✿1. Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.
2. If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation.✿ ACCEPTANCE ✿1. Client is 18+ or has parental/guardian authorization.
2. Agreement date is upon first inquiry/communication or first transaction. You agree to these terms when you submit a request after this point.Note: Business ClientsFor business level clients, like companies, agencies, organizations, management and groups, please contact me to arrange in more detail.

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