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• TERMS AND CONDITION

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:1. ENGAGEMENTa. 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, reference material and other intellectual property for the use of the Work.
c. 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.
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 reserves the right to refuse projects or requests based on content, subject, or other reasons.
h. 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 or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.


2.CONTENT RESTRICTIONSa. Artist will not create content that is explicit, offensive, or inappropriate.
b. Specific restrictions include and are limited to furries, mechs, explicit adult content, underage characters, excessive muscles, gore, copied styles.


3.TIMELINE AND PROCESSa. Work completion per period requires 3 weeks minimum, and may take up to 8 weeks depending on each project (e.g. complexity and workload). Artist will send the sketch in first period and the Client will now be able to request for revisions. Refer to section 4.
b. Timeline depends on commission type, complexity, and workload. As artist have back and wrist health issues that can complicate said schedule.
c. Artist provides progress updates and seeks Client feedback voluntarily. Work will only be continued upon approval of the sketch by the Client.
d. Final deliverables are provided by the Artist using the Mega, Google Drive or similar file transfer tools (with the exception of Vgen platform).
f. If there are any delays and adjustments to timeline, the Artist will inform the Client.
g. Clients must first agree to delays and amendments to timeline exceeding 3 months through standard communication channels.
h. Clients have the right to request refunds 4 months after deadlines if Work has not been delivered and there was no agreed upon amendment to the timeline.
i. The Client agrees that the Artist will not be liable for any damages (including, but not limited to, incidental or consequential damages) that arise from the Artist's performance of the commission. This includes, but is not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.


4. REVISIONS
a.One revision allowed per item shown to the Client during the process.
(i.e. After line art, only minor revisions are allowed.)
b. Upon accepting the commission to be made, Artist will update the Client by sending sketch before doing line art. Client is allowed to request for revision twice.
c. Additional charges for excessive revisions may be required.
d. Revisions may affect progress and timeline.
5. 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, 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 websites or as agreed upon.
ii. 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 (merch), or on another platform.
iii. 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)
iv. 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.
v. Additional charges will be required for commercial usage if not included, typically doubles of the original cost.


6. PAYMENTS & FEESa. Upon accepted by the Artist, Client pays 65% downpayment before the start of project.
b. 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.
c. Invoices must be paid within 72 hours or the project may be cancelled.
d. Prices are in USD (for non VGen payment system), and paid via PayPal, Wise, or methods as provided by the Artist. Other mode of payment such as Gcash/MAYA/ALIPAY are only allowed locally with Peso currency.
e. Prices may vary or change depending on complexity, requirements and/or additional requests.
f. 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.
g. Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed.

7. CANCELLATION & REFUNDSa. If Client requests cancellation, project fees paid may be forfeit if cancelled within 2 days before work starts.
b. If work is still at the first period (sketch) the Artist will provide a partial refund of the paid price.
c. Refund is not allowed once the Work is colored and rendered by the Artist unless initiated by the artist.
d. If Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a refund.
e. Should there be instance where the Artist exceeded the agreed amended timeline, the client is eligible for 50% refund at maximum for the colored and rendered phase. The remaining paid is the fee for effort and time investment for the commission project.


8.CONFIDENTIALITYa. 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.


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


ACCEPTANCEa. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
b. Agreement date is upon first inquiry/communication or first transaction.


Note:
1. Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.
2. Full references are required, Otherwise it will be counted as a design commission.
3. Client is highly encouraged to give references of their requested characters and scenes. If a commission features real persons, you must provide me with photo references.
4. Client must inform the Artist if the artwork is for, about, inspired by or otherwise related to another fanwork such as fanfiction.
5. Client's composition/pose in mind and images for ideas are highly appreciated.


...AVAILING COMMISSION SERVICE MEANS THE CLIENT READ AND AGREED TO THIS TERMSif you read this text you can avail my services in discount :3 discount passwword: marinated chicken

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