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Commissions-

Terms of Service

A General TOS:

  1. I have the right to refuse service to anyone, even after work has started, is they break any of the TOS. If I stop the work on a project due to breaking TOS, the client is not entitled to a refund of any amount. I will provide a reason and will send what I have finished by that point if on good terms.

  2. Payments will be either half-half (half paid up front and half paid upon completion, before the final is shared) or full up front. Payment will go through either PayPal, Kofi, or another agreed upon method. No payment will be taken while the client is on the waitlist. Being on the waitlist is not a guaranteed commission. I can deny or accept any waitlist commission without fee to the Artist or the Client.

  3. Prices are subject to change based on demand before final quote is given and agreed upon. Once a final quote has been agreed on, that will not change. Prices that are listed on the Artist's website are generalized pricing, meaning the rates can go up or down depending on the complexity and type of commission.

  4. If you request a Surprise Commissions, also known as an Artist's Choice Commission, you can provide details and references, but you will not see the art piece until the end, meaning you give up say in what the final piece will look like. However, doing this may make the commission cheaper though that is not a guarantee depending on detail.

  5. Examples of what I will NOT draw: Mechs, anything offensive (ex racism, homophobia, transphobia, incest, pedophilia, etc.), hardcore NSFW, certain fandoms (ask for details).

Introduction:

  • ​This Terms of Service agreement ("TOS") governs the relationship between the Artist/Vtuber [Sinful Studios HQ/Rotten Candy/Neo Ambrosia/Creator] ("Artist") and the client ("Client") for the commission of art and VTuber services as outlined herein.

Commission Process and Delivery:

  • To request a commission, the Client must fill out the commission request form available on the Artist's website. Upon receipt of the request, the Artist will provide a quote and payment instructions. The commission will commence once payment is agreed upon and at least half has been received. The final version will not be sent until payment is completed in full.

  • The time it takes to finish any commission can vary anywhere from 2 week to 3 months depending on factors such as health, emergencies, the complexity of the commissioned piece, and other work. If it takes longer, the client will be informed.

  • The completed commission will be delivered to the Client via email or file-sharing platform in the agreed-upon format. This applies to digital-only commissions.

  • In the terms of a physical commission, the Client will be responsible for the added fees of materials, shipping and handling.

NSFW Restrictions:

  • NSFW is defined as "not safe for work" or "not suitable for work." These topics can include, but are not limited to: porn, nudity, sexual content, gore, graphic or excessive violence, slurs, or other potentially disturbing subject matter.

  • Artist can and will decline any NSFW featuring minors whether fictional or real. Artist will only complete NSFW commissions featuring adults (18+).

  • Artist can and will decline any NSFW request from minors. Artist will only complete NSFW commissions from adults (18+).

  • If the Artist finds out that the Client lied or broke TOS in regards to NSFW commissions, there will be no refund given and the commissioned piece will be disposed. The Client will also proceed to be blocked and blacklisted.

Commissions Revisions:

  • The client will be shown the work at intervals to keep them up-to-date on the process and to check for approval. There will be a watermark that covers the full image until the final product. If the client wishes for it to be a complete surprise ("Surprise Commissions"/"Artist Choice"), then they must request it upfront. Any Surprise/Artist Choice Commissions give up/forfeit the right for any revisions, unless minor or a mistake was make on the Artist's behalf.

  • The commission fee includes 3 total rounds of revisions before coloring phase. After coloring has started, only minor revisions will be accepted. Minor revisions being defined as anything that does not interfere with the base of the piece (blocking, sketch, or linework.)

  • If changing something on the commission that was previously approved, there will be an added fee. Fee is subject to change depending on the wanted modification.

  • Any revision fees may be waived if it was due to a mistake that the Artist made whether it was a misunderstanding, forgetfulness, or anything similar.

Payment Terms:

  • All prices are listed in USD.

  • Prices for commissions are listed on the Artist's website and are subject to change without notice. The commission will commence once payment is agreed upon and at least half has been received. The final version will not be sent until payment is completed in full. Accepted payment methods include PayPal, Kofi, or other methods as agreed upon between the parties.

  • Don't send any payment before the Artist has agreed to the commission and requested the client to send payment. Any payment sent before requested and accepted will count as a donation and is not refundable and does not count towards the overall payment for the commission.

Intellectual Property ("IP") Rights, Copyright, and Usage:

  • The Artist retains all intellectual property rights to the commissioned work, including copyrights and usage rights, unless otherwise specified in writing. Exceptions are made if the character(s) used belong to the client, in which case the Client retains the IP to their personal and original characters. The Client receives a non-exclusive, non-transferable license to use the commissioned work for personal, non-commercial purposes only unless otherwise stated in writing before hand.

  • The Artist holds the right and permission to be able to post and display the commissioned art on their website, social media platforms, portfolio, and the occasional published works.

  • The Client may upload or display the finished commission on any social channels or websites as long as credit is given to the Artist. The Client cannot claim they are the original artist of the work.

  • The Client is NOT allowed to alter the commissioned artwork without the Artist's consent. Nor is the Client allowed to reproduce/use the copyrighted artwork commercially- meaning making money off it in any way that was not previously agreed to in writing before.

  • None of the art commissioned or otherwise by the Artist may be used to train, validate, or test any neural network or artificial intelligence. Clients are not permitted under any circumstances to use any part of commissioned work from the Artist such as images, goods, and copies of goods in any block-chain related technology including non fungible tokens (NFT), cryptocurrency, or future inventions in the space. 

  • For Commercial Commissions:

    • The following cases are considered commercial use- Reproducing and selling the artwork (including digital and physical copies), publicly or privately, cases where the client receives profit from a medium/platform where they have posted (ex Patreon, YouTube, Twitch, a personal site, business cards etc.)

    • Please specify BEFORE providing any payment. All prices go based off the assumed that the commissioned work is for non-commercial use.

    • If the commissioned work is going to be for commercial use, than there is an additional fee that is subject to change based off the work and the intent of what the work will be used for.

    • Commissions can be cancelled WITHOUT refund if the client lies/lied about it being non-commercial use and it is later discovered that it was for commercial use.

Cancellations and Termination:

  • The Client may cancel a commission at any time prior to the commencement of work for a full refund. Once work has commenced, a cancellation/kill fee of 25%-50% of the total commission price may apply depending on the progress of the piece. The Artist reserves the right to terminate the agreement if the Client breaches the TOS and no refund will be given.

  • If for any reason the Artist is unable to start or complete the commission due to personal reason, then the Client will receive a full refund as well as whatever has been completed on the commission at the time cancellation.

  • If the Client is unsatisfied by the end, there will be no refund due to the client having chances to make revisions. Exception to revisions are the "Surprise Commissions"/"Artist Choice" commissions, but they are not except from this rule and will not receive refunds due to being unsatisfied at the end.

  • PayPal Special Rules-

    • If the client agrees to pay through PayPal, then they also agree to not request a PayPal Chargeback. The Artist will transfer the money back directly if a refund is going to be provided.

    • If the client requests a PayPal chargeback at any point, even after the commission is finished or if they are owed a refund, then the client will lose all beforementioned rights to the commissioned piece. No refund will be given to the account to the PayPal account that requested a chargeback and the commission will count as cancelled per breaching the TOS. The client will also not receive any part of their commission if the final copy has yet to be shared.

    • The Artist will decline the chargeback and supply PayPal with our conversations in which we talk about the commission and where you agreed to the TOS as evidence.

    • Any Client that requests a PayPal chargeback will be blacklisted.

Blacklisted:

  • A Blacklisted Client will not be allowed to communicate with Artist, nor able to interact with or commission the Artist in the future. They will receive no refunds and no commissioned pieces.

  • A Client can become Blacklisted for (including but not limited to) breaking TOS, harassment, fraud, or any other similar or extreme reason.

  • A Blacklisted Client will be blocked and reported on any website and social media that they share with Artist. Any personal information, such as email, will also be blocked. Any new future accounts or information from the Blacklisted Client in order to get around being Blacklisted will also become Blacklisted, reported, and blocked.

  • Becoming Blacklisted is permanent and will not be lifted due to any circumstances.

Acknowledgment and Acceptance:

  • The Client agrees to communicate with the Artist in a respectful manner and to respond to inquiries and requests for feedback in a reasonable and timely fashion. Communication may occur via email, direct messaging, or other agreed-upon channels.

  • The Artist shall not be liable for any direct, indirect, incidental, or consequential damages arising from the commissioned work. The Client agrees to indemnify and hold harmless the Artist from any claims, losses, or damages resulting from the Client's use of the commissioned work.

  • The Artist reserves the right to update or modify the TOS at any time. Current Clients will be notified of changes via email (or other agreed-upon channels) or by posting a notice on the Artist website. The revised TOS will become effective 7 days after notification for any works in progress. Otherwise, the updated TOS will be effective immediately for any future commissions, including those on the waitlist.

  • This agreement constitutes the entire understanding between the parties regarding the subject matter herein and supersedes all prior agreements and understandings, whether written or oral.

  • By submitting a commission request and/or making payment for a commission, the Client acknowledges that they have read, understood, and agreed to abide by the terms and conditions of this TOS.

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