Millipedemotel Artworks
★Terms of Service Agreement★
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:
Table of Contents
1. Engagement
2. Content Restrictions
3. Timeline and Process
4. Revisions
5. Communication
6. Rights & Usage
7. Payments & Fees
8. Cancellation & Refunds
9. Confidentiality
10. Indemnification
11. Acceptance
★1. ENGAGEMENT★
a. 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 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 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 may use commercially licensed, copyright-free and/or educational materials, assets and/or 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.i. 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, Telegram, ToyHouse, Ko-Fi, Twitter, Instagram, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.
★2. CONTENT RESTRICTIONS★
a. Artist will not create content that is explicit, offensive, or inappropriate.b. Specific restrictions include but are not limited to: explicit adult content, fetish content, racially or culturally offensive caricatures, malicious and hateful text or symbols, or copy another artist's style
★3. TIMELINE AND PROCESS★
a. Work completion typically requires 2 weeks to 4 calendar months, and may take up to 1 calendar year depending on the type of project and client's placement in the queue.
Standard Timelines:
Chibi - generally 1 week, up to 1 month
Icon/Headshot - generally 3 weeks, up to 3 months
Bust/Halfbody - generally 1 month, up to 4 months
Fullbody - generally 2 months, up to 6 months
Scene - generally 4 months, up to 1 calendar year
Reference Sheet - depends on what client wants includedb. Timeline will vary depending on commission type, complexity, and current workload.c. Artist provides progress updates and seeks Client feedback voluntarily.d. Final deliverables are provided by the Artist using DeviantArt .stash, Google Drive or similar file transfer tools.e. If there are any delays and adjustments to timeline, the Artist will inform the Client.f. Clients must first agree to delays and amendments to timeline exceeding 2 months through standard communication channels.g. Clients have the right to request a refund according to Section 8 at least two calender months after deadlines if Work has not been delivered and there was no agreed upon amendment to the timeline. If the timeline is amended this is considered the new deadline.
★4. REVISIONS★
a. Two major revisions allowed per item shown to the Client during the planning and sketching process.b. After line art or sculpting begins, only minor revisions are allowed.c. Additional charges for excessive revisions will be required.d. Revisions may affect progress and timeline.
★5. COMMUNICATION★
a. 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 Twitter posts or DMs, ToyHouse messages, Instagram DMs, Discord or Telegram private messages, or updates to Trello Queue according to Artist discretion.c. Artist response time may vary, up to one week in order to provide better or more concrete updates.
★6. RIGHTS & USAGE★
a. Artist Rights
i. 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 shots on websites, social media, portfolios, public broadcast channels (i.e. Twitch) and more.b. Client Rights
i. Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section 6.b. 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. This includes having any third party edit the work.c. Commercial Rights
i. 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 or any monetized instances, or selling or reselling Work to another party, as a part of any product, or on another platform.iii. 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.iv. Additional charges will be required for commercial usage if not included, typically 2x of the original cost.
★7. PAYMENTS & FEES★
a. Client pays at least $100 of value upfront, no work beyond the planning and sketching stage will proceed until entire monetary value is secured by Artistb. 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 will be cancelled.d. Prices are in USD, and paid via PayPal, Stripe, CashApp, Ko-Fi or methods as provided by the Artist.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 specified as being digital is not a physical product and there are no physically shipped goods to receive.g. Client warrants they will not issue chargebacks and the refund policy in Section 8 will be followed.
★8. CANCELLATION & REFUNDS★
a. If Client requests cancellation, a full refund may be provided only if work has not proceeded past the planning and/or sketching stage.b. Once the sketches and/or plans have been accepted by the client, the client then cannot initiate a refund, except in the circumstances described below in Article c.c. If Artist cannot complete Work or there are delays as detailed in Section 3 for unforeseen reasons, and it has been 2 calendar months since the latest agreed upon deadline per Section 3, the Client will be eligible for a partial refund equal to percentage of progress left undone. Percentage of Work which is finished and refund percentage available to Client is calculated at the Artist's discretion, but to exceed no more than 75% of the total value of the Work. In the case of refund in this manner, Client will receive what viable portion of Work has been completed.d. As specified in Section 6 Article iv, when a refund is issued and partially completed Work has been received, the Client is not permitted to have the unfinished Work finished by a third party nor to finish the Work themself.
★9. CONFIDENTIALITY★
a. 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.
★10. INDEMNIFICATION★
a. Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, transportation or delivery of Work to 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.
★11. ACCEPTANCE★
a. 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 transaction.Note: Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.
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