- Terms of Service -

Last Updated: 23/09/23

Subject to Change Without Notice

Before starting a project, we need to make sure we are on the same page so there aren't misunderstandings and to protect against fraud, so please take some time to read through these terms! Thank you.

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:

GENERAL

By purchasing my services, you automatically agree to the following conditions.

Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms.

If you are not comfortable with my Terms Of Service and/or are not willing to agree to the conditions, you may not request a commission.

I do not allow my art to be used for AI purposes and alike. Please do not upload it to any AI sites as this could compromise my artwork.

NFT usage is strictly forbidden.

ENGAGEMENT

Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.

Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the Work.

Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorised for use by the Client.

Client warrants that they have the authority to enter this agreement, be the point of contact and are solely responsible for decisions and approval during the process.

Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to the Artist's best knowledge.

Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.

Artist warrants that they will not copy or heavily reference unauthorised materials.

Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.

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.

TIMELINE AND PROCESS

Work completion requires 3 weeks minimum and may take up to 2 months depending on each project.

Timeline depends on commission type, complexity, and workload.

Clients should plan launches and streams accordingly.

Artist provides progress updates and seeks Client feedback voluntarily.

Final deliverables are provided by the Artist using the VGen platform, Google Drive or similar file transfer tools.

If there are any delays and adjustments to the timeline, the Artist will inform the Client.

You, the commissioner, are aware of Artists wrist/brain injury and have acknowledged that setbacks may occur in wait times due to this condition.

Rush Orders will be completed within the two week mark unless an unforeseen emergency occurs. If so ONLY the cost of the Rush addon will be refunded

CONTENT RESTRICTIONS

Artist will not create content that is explicit, offensive, or inappropriate.

Specific restrictions include but are not limited to, explicit adult content, underage characters, gore, copied styles, hate speech

REVISIONS

Three major revisions allowed per graphic shown to the Client during the process.

One revision allowed per stage (ARTWORK ONLY) shown to the Client during the process.

(i.e. After line art, only minor revisions are allowed and once animation only minor revisions)

Additional charges for excessive revisions may be required.

Revisions may affect progress and timeline.

COMMUNICATION

Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.

Communication channels may include; Discord or Twitter private messages, Trello, according to Artist discretion.

Artist response time may vary, up to two days in order to provide better or more concrete updates.

RIGHTS & USAGE

Artist Rights

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.

Client Rights

Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section expanding Commercial Rights

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.

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.

Client must not edit or modify Work in any way without prior permission from the Artist.

Commercial Rights

Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites or as agreed upon.

Commercial rights means usage of Work on streams, videos and other content, or any monetized instances, or selling or reselling Work to another party, as a part of any product, or on another platform.

In the case of design work for the definition of the Client's brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively granted to the Client for use, production and modification purposes, commercial or personal. (Please clarify in further detail for each type of work if necessary)

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.

Additional charges will be required for commercial usage if not included, typically 2x of the original cost.

PAYMENTS & FEES

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.

Invoices must be paid within 48 hours or the project may be cancelled.

Prices are in GBP, and paid via VGen, Stripe, PayPal, or methods as provided by the Artist.

Prices may vary or change depending on complexity, requirements and/or additional requests.

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.

Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed.

CANCELLATION & REFUNDS

If Client requests cancellation 24 hours after payment 50% of the overall price will be refunded to the client. After these 24 hours no refund is to be given.

No refunds are possible after work begins unless initiated by the Artist

If Artist cannot complete work due to unforeseen circumstances, the client will be eligible for a partial refund depending on the work already completed (ie. if the overlays design is done but animation cannot be completed the client will receive a refund for the animation)

If in the unlikely scenario a rush order is not completed in the two weeks, a partial refund will be returned to the client of the price of the rush addon.

CONFIDENTIALITY

The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.

INDEMNIFICATION

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.

If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first.

ACCEPTANCE

Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.

Agreement date is upon first inquiry/communication or first transaction.