Terms of service.
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 Guidelines.
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 and reference material for the use of the Work.
Client warrants that the character design and reference material provided to the Artist are legally obtained and authorized for use by the Client.
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.
Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
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. The details set forth by the Artist shall be agreed upon by the Client before work begins.
Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
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), or are incorporated into the deliverables, 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.
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.
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.
Content Restrictions.
Artist will not create content that is discriminatory or prejudice.
Specific restrictions include but are not limited to: furries (with the exception of kemonomimi), mechs, NSFW, kink content, underage characters, pairings between real people (with the exception of actors drawn as their respective character), excessive gore, characters/concepts made using AI, and copied styles.
Copyright.
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.
If the Client wishes to privatize the Work and prevent the Artist from distributing, printing, displaying, advertising, posting, or streaming the Work, the Client must agree to an additional fee and inform the Artist for payment negotiation. Temporary delays are acceptable and require no additional fee (i.e. gifts).
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.
Personal Use.
Clients receive exclusive, non-transferable usage rights to the Work for personal use.
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.
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 Use.
Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites (i.e. merchandise, book covers, vtuber models, stream overlays, emotes, and so forth) or as agreed upon.
Commercial rights means usage of Work on streams, marketing, or any monetized instances, or selling as a part of any product, or on another platform.
Additional charges will be required for commercial usage and will vary depending on the scale of the project.
Payment.
Client pays for the project upfront in full.
In the case of large scale projects, communication is required with the goal for an agreed upon proposal for payment negotiation.
Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work.
Invoices must be paid within two weeks or the project may be cancelled.
Prices are in USD, and paid via PayPal.
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 unless specified otherwise.
Client warrants they will not issue charge-backs and the refund policy mentioned below will be followed.
No refunds are possible after Work begins unless initiated by the Artist.
If Artist cannot complete Work or there are delays due to unforeseen reasons, the Client may be eligible for a full refund. If Work done up to this point is accepted and used by the Client, the Artist will provide a partial refund only.
Revisions.
One major revision allowed per item shown to the Client during the process.
After the sketch phase, only minor revisions are allowed.
Additional charges for excessive revisions may be required.
Revisions may affect progress and timeline.
Delivery.
Work completion requires a two week minimum, and may take up to four months (with the exception of large scale projects).
Timeline depends on commission type, complexity, workload, and existing commission schedule.
If Client requires a specific deadline, this may be subject to additional charges at the discretion of the Artist.
Artist provides progress updates and seeks Client feedback voluntarily.
Final deliverables are provided by the Artist using Google Drive or email.
If there are any delays and adjustments to timeline, the Artist will inform the Client.
Clients must first agree to delays and amendments to timeline exceeding four months through standard communication channels.
Clients have the right to request refunds after expressed maximum deadlines if Work has not been delivered and there was no agreed upon amendment to the timeline.
For industry or large scale commercial work inquiries, please email samintirart@gmail.com and/or visit my portfolio site.