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.a. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
b. 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.
c. Client warrants that the character design and reference material provided to the Artist are legally obtained and authorised for use by the Client.
d. 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.
e. 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.
f. Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
g. Artist warrants that they will not copy or heavily reference unauthorised materials.
h. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
i. 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.GENERALa. The commission prices stated are purely for personal use. If you are planning to print them, advertise them, use for merch, etc then please mention as prices vary.
b. Artist have full rights to the commission. If you do not wish for it to be posted for portfolio please contact beforehand.
c. Additional charges may apply depending on the complexity of the design.
d. Artist have their style, consider that before asking for the commission.
e. Do NOT edit art without permission.
f. Do NOT re-sell artwork or use it for IA.
g. Please give Artist credits!TIMELINE & WORKFLOWa. Work completion requires 2 weeks minimum, and may take up to 4 months depending on each project.
b. Timeline depends on commission type, complexity, and workload.
c. Client should plan launches or streams accordingly.
d. Artist provides progress updates and seeks Client feedback voluntarily.
e. Final deliverables are provided by the Artist using the VGen platform, Google Drive or similar file transfer tools.
f. If there are any delays and adjustments to timeline, the Artist will inform the Client.
g. Clients must agree to delays exceeding 3 months through standard communication channels. The 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.CONTENTa. Artist will not create content that is explicit, offensive, or inappropriate.
b. Specific restrictions may include but are not limited to furries, mechs, explicit adult content, underage characters, excessive muscles, gore, copied styles, and gender identities or cultures the Artist may not be able to portray authentically.Note: please discuss beforehand!COMMUNICATIONCommunication primarily would be on DMs unless stated otherwise. The only other platform I regularly communicate on is Vgen, however it'll be easier to manage commission requests on one platform.PAYMENTSThe client is expected to fully pay upfront before the artist proceeds with their commission. The artist will NOT proceed with the commission if this payment isn’t given.REVISIONSa. Artist don't do major revision like changing the concept and character, after sketching stage.
b. After line art, only minor revisions are allowed.
c. Additional charges for excessive revisions may be required.
d. Revisions may affect progress and timeline.INTELLECTUAL PROPERTY RIGHTS & USAGEa. Artist Rightsi. The 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.b. Client Rightsi. Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section 6.c. for commercial rights.
ii. 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.
iii. 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.
iv. Client must not edit or modify Work in any way without prior permission from the Artist.c. Commercial Rightsi. Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s page (i.e. vtuber models, stream overlays, emotes, and so forth) or as agreed upon.
ii. Commercial rights means usage of Work on streams or any monetized instances, or selling or reselling Work to another party, as a part of any product, or on another platform.
iii. Usage of Work for AI (artificial intelligence) tools; platforms or programs, ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.
iv. Additional charges will be required for commercial usage if not included, typically 2x of the original cost.
v. In the case of commissions providing character design, the Client additionally receives non-exclusive Intellectual Property rights license over the character design and concept only, for further production and usage, such as for artistic reinterpretation or production as merchandise or stream assets.d. General Rightsi. 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.CANCELLATIONS & REFUNDSa. There will be no refunds from the client side whatsoever. Please be certain you wish to purchase my services before doing so.
b. A refund will only happen in the case that Artist unable to complete your commission and have not yet started the commission within 3 weeks unnoticed.
c. Artist reserve the right to cancel the commission if deem that the client is behaving inappropriately or violates the TOS.Note: Business Clients
For business level clients, like companies, agencies, organizations, management and groups, please contact me to arrange in more detail.