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Terms of Service
a year ago
Please read these terms carefully before initiating a request
i. DEFINITIONS
i.i. "Client" - also referred to as the "commissioner" - the party placing a request for artwork, to serve as the point of contact (§2.2) and be responsible for the direction of the work.i.ii "Artist" - Nikita Yarrow, the one commissioned for work.
i.iii. "Commission" - The artwork furnished by the Artist upon agreement to a request by the Client.
i.iv. "Schedule" - The schedule of charges, outlining typical charges associated with different volumes of work.
i.v. "YCH" - "Your Character Here." YCH works may be priced independently of the Schedule.
1. GENERAL
1.1. The Terms of Service are considered agreed to upon receipt of payment.1.2. The Terms of Service and the Schedule are subject to change at the discretion of the Artist.
1.3. Commissions are only offered by the Artist in a digital format. No physical merchandise will be produced or shipped by the Artist.
1.4. The Artist reserves the right to refuse a Commission, active or otherwise, for any reason at any time.
2. SERVICE OPTIONS
2.1. The Schedule defines only a guideline from which the Artist will determine a base price to complete and deliver the Commission. The scope of work may impact this base price.2.2. By default, a work is delivered in the form of a 2000x2000px 300dpi digital image in PNG format. Larger resolutions are available upon request and may be subject to additional charges.
2.3. By default, the Artist reserves the right to share the Commission via online media. The work performed may be kept private upon request of the Client at no charge.
2.4. The Client may purchase exclusive commercial rights using the work at a fee of 300%.
2.5. The Commission's editable PSD or KRA file can be requested at a fee of 15%.
3. CLIENT'S RIGHTS AND RESPONSIBILITIES
3.1. The Client agrees that any material furnished for the Artist's reference are authorized for use by both the Client and the Artist.3.2. The Client agrees to generally be available for contact whenever necessary for the continued progress of the Commission. Communications, particularly those regarding the scope of work, are expected to be clear and thorough.
3.3. The Client agrees to an initial meeting with the Artist prior to payment. Topics established by this meeting include but are not limited to timeline for delivery (§4.4), submission of applicable design sheets and reference materials, and any necessary pricing adjustments from the Schedule (§2.x).
3.4. The Client is by default granted personal use rights, and the right to share the work with attribution via links to the Artist's online profile(s).
3.5. Under no circumstances is the Client permitted to use the Commission for any purpose related to NFTs, blockchain, or AI images.
3.6. The Client is entitled to a small number of revision requests from the start of the Commission process through to the completion of its sketch phase. Beyond the sketch phase, only minor revisions may be requested.
4. ARTIST'S RIGHTS AND RESPONSIBILITIES
4.1. The Artist agrees to perform to the best of their ability to create and deliver the Commission per the terms agreed upon (§3.3). Exempt YCH works (for which derivation is standard,) the Commission will be acceptably original in concept and/or execution (i.e. not overly based on reference materials.)4.2. The Artist is permitted to use commerically-licensed or copyright-free resources to aid in the delivery of the Commission where necessary.
4.3. Unless otherwise charged (§2.4), the Artist retains the exclusive commercial and reproduction rights of the Commission.
4.4. The typical delivery time for a Commission is between 3 and 14 days; this may vary depending on the scope of work demanded by the Commission.
4.5. Services outside the scope of what is necessary to deliver the Commission are not offered via the commissioning process, and are not to be expected of the Artist.
4.6. For commissions invoiced at over 60 USD, the Artist will periodically furnish updates on the status of the Commission as they become available.
5. PAYMENT & REFUNDS
5.1. Services provided by the Artist are quoted prior to invoicing. Quotes are valid for 30 days.5.2. If a quote is agreed to, an invoice will be sent to the Client, at which time payment will be due. Invoices are delivered via PayPal.
5.3. Prices listed on invoices are inclusive of any applicable fees.
5.4. The Artist accepts USD and EUR. Charges in EUR are subject to market rate conversion.
5.5. Full refunds are offered solely in the event of a cancellation prior to work. If the Commission process has produced any sketch, the maximum refund offer is 80% of the invoiced amount. Refunds are not offered once a work has progressed beyond the sketch phase.
5.6. In the event that the Artist is unable to start work on a Commission, the Client will be refunded in full.
