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Artist TOS

User AgreementThis Terms of Service Agreement ("Agreement") is entered into between the Artist and the Client for the commission of an artwork ("Work").IMPORTANT Client must be 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.By commissioning the Artist, the Client agrees to the following terms:I)Engagementa. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.Client Obligationsb. Client grants the Artist non-exclusive rights to observe and replicate Client’s 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 authorized for use by the Client.d. 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.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 educational materials, assets, and tools.g. Artist warrants that they will not copy or heavily reference unauthorized materials.h. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.II)Content Restrictionsa. Artist will not create content that is explicit, offensive, or inappropriate.b. Specific restrictions include but are not limited to
i. Copied art styles
ii. Extreme Fetishes
iii. Hateful content such as racism, transphobia, homophobia iv.
Art with Political MessagesIII)Client Obligationsa. Write clearly and concisely when describing the commission or filling up the provided template.b. Provide multiple clear reference images of the character or subject.c. Characters with no visual references are required to pay a character design fee.d. For Character Design, mood boards or documents with attached images are required unless the client gives the artist full creative liberties.e. Respond in a timely fashion. Failure to do so may result in artwork completion delays in which the client can not complain.f. Assume responsibility for any important information and clear
descriptions/references you fail to provide me that result in my inability to complete your commission to your satisfaction.IV)Process and Work Schedulea. Work Completion varies on the complexity and size of the project.b. Three months starting from the date a sketch is delivered to the client is the standard completion of a singular Illustration unless stated by the artist otherwise.c. Deadlines must be agreed upon before the start of the commission.d. The artist will inform the client in advance if there will be a delay in delivering artwork according to the set deadline through standard communication channels.e. When the artist fails to meet the negotiated deadlines thrice, a refund process may be issued.f. For any unforeseen circumstances, artist will notify you ASAPg. For bigger projects, a project timeline will be issued.V)Revisionsa. One major revision and maximum of 5 minor revisions are allowed in the sketch phase and are covered in the commission price.b. A maximum 3 minor revisions are allowed in the coloring or painting stage and are covered in the commission price.c. Excessive minor revisions to the point that forward progress on the work has halted will incur additional fees.d. Revisions due to my negligence are free.e. Additional major revisions will incur additional fees.f. Once rendering has been completed, no free revisions are allowed.VI)Communicationa. Ongoing communication and discussion will occur throughout the
project, including work in progress, idea generation and collaboration, situational updates, and more.b. Communication channels may include email, discord, and Twitter.c. Artist response time may vary, up to a week to provide better or more concrete updates.d. Updates on the commission progress itself may take up to a month for screenshots.VII)Rights and Usagea. Artist Rights
The Artist retains Intellectual property rights, which include but are not limited to displaying, advertising, and posting the Work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch), and
more. UNLESS agreed upon otherwise (NDA Fee)b. Client Rights
❖ Clients receive exclusive, non-transferable usage rights to the work with commercial rights. Unless agreed upon otherwise.❖ Commercial rights mean usage of Work on streams or any monetized instances.❖ Commercial rights do not include Merchandise and
reproduction rights with monetization in mind.❖ Printing and merchandise production for personal use or giveaways is allowed.❖ The client must not claim Work as their own and must credit the 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 has the permission to edit or modify Work with prior permission from the artist.❖ 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.VIII)Payments and Feesa. Client pays the full amount with orders that do not exceed USD 50 in total price. A 50% down payment is required for orders above UUSD 100 and full payment within the duration of the commission or before the release of the final product. For orders exceeding USD 300, payment schemes are open for discussion.b. Invoices, proposals, or payment links will be sent to the Client when the Artist is ready to begin work. Clients must not send money before these requests
for payment from the Artist.c. Invoices must be paid within the agreed timeframe, or the project may be canceled.d. Prices are in USD and paid via VGen, PayPal Invoice, and Ko-Fi only.e. The Artist will cover the fees incurred by PayPal.f. For Filipino Locals, prices may be converted to Philippine pesos and paid via bank transfer, GCash, or PayMaya.g. The Artist is not responsible for any mistakes that are made on your part throughout the transaction.h. Prices may vary or change depending on complexity, requirements, or additional requests.i. 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.j. Client warrants they will not issue chargebacks without prior notice If a refund is requested, the refund policy mentioned below will be followed.IX)Refund Policya. If the Client requests a cancellation, a 90% refund may be provided if requested before the artist has begun sending in the sketch progress of the work.b. Refund negotiations are only available when the artwork is in drafting phase.c. No refunds are possible after the artwork is at the sketching phase awaiting client approval unless initiated by the Artist.d. Refunds may not be delivered right away. Refunds amounting to more than USD 100 will be done in planned installments.e. In cases of payment not reflecting, do not issue a chargeback dispute. Please contact the credit card company or your respective bank first.f. If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible to
resolve the issue.g. For unsatisfactory end products, amendments can be made as long as the artist is at fault. However, the client is not entitled to a monetary refunds.h. In case of emergency, I will have someone to contact you regarding the situation and you can choose to either ask for a partial refund or wait until I am well enough to finish it.X)Confidentialitya. The Artist and Client acknowledge 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), or are incorporated into the deliverables, 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.

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