HOI!

It is the client's responsibility to read all the terms listed below.

In entering into an agreement with OyasumiYuni (henceforth referred to simply as “the artist”), you (henceforth referred to interchangeably as the “commissioner” and/or the “client”) agree to abide by the terms of this agreement, as well as any additional terms laid out in separate contracts or agreements accepted by both parties at the time of said agreement’s creation.

For the purposes of this document, “work,” “commission,” “project,” “art,” and “artwork” refer to the item or service that the commissioner is soliciting from the artist, “deliverable” refers to the completed file(s) to be delivered to the client upon the completion of the project, “work-in-progress” is defined as any part of the creative process leading to the completion of the commission, and “TOS” may be used in place of “Terms of Service”.

In the instance that a disagreement occurs, these terms must first be referred to in the case that guidance for the specific disagreement’s resolution is laid out. If no such resolution is expressly laid out, the resolution will default to the artist’s judgment.

Communication must be kept polite, appropriate, and concise. If communication fails to meet this standard at any time, the artist reserves their right to cancel a commission request, regardless of completion status.

If there is no character sheet provided, or if the character sheet provided is inadequate for the scope of the project, an additional design fee may be appended to the quote. This fee will be discussed with the commissioner before moving forward with the project.

Projects that require a strict deadline may be subject to a priority fee AND a rush fee.

ALL NDA PROJECTS will be subjected to a NDA fee. NDA fees will be discussed during the consultation phase.

Every tier of work has a set base price. If the commissioner requests something more complex such as props, extra characters, complex backgrounds, or similarly complicated items, inquiry specifying the complexity must be made prior to the final quote being decided upon.

If design work is involved in the commission, an extra fee will be required to obtain the intellectual property rights to the design

By making a commission request, the commissioner assumes any responsibility associated with ownership AND/OR proper licensing for the rights to the intellectual property associated with the solicited project.

The client acknowledges that the project and its deliverables are digital, with no physical item to be received.

Without prior conversation, if you submit a commission form that requests work that isn't being offered (see prices for details) your inquire will automatically be denied.

The commissioner or the artist may, before the commission is initiated, exercise their right to request a recorded, in-depth, verbal overview of the TOS. Only one session may be requested per commission, so as not to delay the project from moving forward

The timeline for projects can vary greatly, and so long as regular (monthly) communications are happening, the client may assume that things are moving forward as intended

Raw, working files (“working files” defined here as a .PSD, vector, or any other file containing information not required to view the final, compressed image) are not available to the client unless and agreement for purchase is made by both parties

The final deliverable(s) will be delivered in a raster format at 300 dpi, with the canvas size being discussed before the commencement of the project

Files for commissions will be only retained for a month after delivery, barring any disaster situation(s) the artist may suffer

Any and all revisions will be made to whatever the current version of the artwork is at the time of the requested revision. Workable version files are not saved, and reverting to previous versions of the artwork will be treated as full revisions in cost considerations. In the instance that such additional costs are incurred, the client will be communicated with before proceeding with the project.

The artist reserves the right to decline any commission request for any reason, without question.

Poor conduct, as determined by the artist, can result in a cancellation of the project without eligibility for refund.

If the client obstructs progression of the project by not responding to crucial inquiries by the artist in a timely manner, it stands as grounds for cancellation and forfeiting of a refund.

The artist reserves the right to repurpose any unused work for future projects, personal or otherwise.

Any major revisions will come with an additional fee decided by the artist and agreed upon by both parties before continuing the commission. The client agrees that it is up to the artist’s sole discretion what constitutes a “major revision”. In the instance that an agreement on a fee can not be made, the artist or the client may request for the remainder of the work to be cancelled. This cancellation, like all cancellations, is subject to the “cancellation and refund” policy detailed below.

If a piece is needed on a deadline that the artist deems it necessary to qualify as a “rush order”, an additional fee will be communicated with the client and applied to the total.

All commission prices are in USD

Crypto-currency is NOT accepted as payment

Payments will be made using Stripe exclusively*.

Payments must be made UPFRONT before work on the commission begins.

Payments will be initiated via an invoice sent to the commissioner by the artist.

Quotes for commissions expire after 1 month - if 1 month has passed from the time of the initial quote, and the prospective commissioner still wishes to move forward with a project, another quote will be required to accurately inform the commissioner of the expected total cost of the project

Once the quote is given, so long as no work has been started and no payment has been made, the prospective commissioner may decline the commission

Upon receiving the invoice, the commissioner agrees to pay the amount within 48 hours. Failure to pay the invoice serves as grounds for cancellation.

In the instance of a payment plan being agreed upon, the commissioner acknowledges that none of the files will be delivered until the final payment is made

Social media profile pictures

Printing a copy of the image for hanging up at home

Uploading to ‘in-demand’ applications, such as create-on-demand and print-on-demand services, regardless of commercial or non-commercial use intention

Attempting to trademark ANY part of the commission. No part or whole of the work-in-progress, or of any of the deliverable(s), may be used for a trade mark, design mark, word mark, service mark, logo, etc.

Use in advertising, printed or digital, for commercial or non-commercial purposes

Use in (internal or external) presentations or newsletters for any business

Use on ANY piece of merchandise including (but not limited to) apparel, stationary, technology, kitchenware, or anything containing a depiction of the work

Use on a website in any way, shape, or form

Use in any livestream or broadcasting content

Use in any space/work intended to monetize or aid in monetization

The artist reserves the right to offer, or not offer, licenses at her sole discretion. Licenses are not guaranteed to be available to the client upon request.

The artist reserves the right to revoke the license at any time if any of the terms of this service agreement are violated at any point during the term of the license.

Either the artist or the commissioner may choose not to renew the license agreement once the term of the agreement ends.

Rights bought with one license do not imply rights that may be bought with another license (i.e., purchasing the rights to use a design on a broadcast does not imply that the rights to put the work on merchandise have been purchased as well) MAKE SURE ALL APPROPRIATE LICENSES ARE PURCHASED BEFORE ASSOCIATED USES ARE CARRIED OUT.

Reselling rights are NOT available for purchase. Under no circumstance may the work, or any right to the work, be sold to a third-party

At no point may the client, or anyone the client is in agreement with, alter the work in any way shape or form. Such alterations are EXPRESSLY PROHIBITED. Examples of alterations include (but are not limited to):

Changing the hue, value, or intensity of the colors of the work

Changing any lineweight or altering the silhouette of the work in any way

Combining the work with any kind of text or graphical elements on, or around the work.

If any changes or alterations are desired, the commissioner MUST contact the artist and make a request for alterations at additional cost. The artist may deny the request based on time, availability, complexity, or for any other reason. If the request for alterations is denied, the client may NOT make an agreement with any third party (with or without an agreement for pay) to make the desired changes.

Credit for the creation of the work

Ownership of the copyright of the work

Ownership of any rights to the work that were not expressly agreed upon nor subsequently sold to them

The client may NOT use any work-in-progress, finished artwork, or file associated with this project in ANY way for blockchain technology, machine learning, any future inventions or iterations on blockchain technology AND/OR machine learning, or anything the artist would reasonably associate with these technologies (in the instance of a dispute arising, both parties agree to default to the artist’s definition of the aforementioned “reasonable association”).

NO past, prospective, or current client may order art ON BEHALF of any party which participates in the production/handling of NFTs, generative art, or anything the artist would reasonably associate with these technologies.

Failure to disclose usage of artwork for NFT's, crypto-currency, machine learning, or anything the artist would reasonably associate with these technologies will result in blacklisting of future artworks, cut off communication from the artist, revoked rights to ANY AND ALL artwork (personal or commercial) made at any point, past or present, for the client. In the instance of a dispute arising, both parties agree to default to the artist’s definition of the aforementioned “reasonable association”.

In the instance that this agreement is violated, the client acknowledges the artist’s right to use whatever legal means are at the artist’s disposal to demand and retrieve the reparations deemed appropriate by the artist for said violation

The artist reserves the right to cancel a commission for any reason.

A 93% refund is only available if the client has paid the invoice, and the cancelled commission has not been started. The artist will retain 7% of the full total of the cost of the commission as a convenience fee.

A partial refund may be available for cancelled commissions that don't exceed the concept stage.

If the artist is the party which cancels the commission, the total amount refunded will be calculated by the artist and reflect the total amount of work anticipated for the project by the artist subtracted by the estimated amount of work completed and any outstanding fees or costs attributed to the project.

Cancelled commissions that are fully completed or that have reached the coloring stage will not be eligible for any sort of refund.

In the instance that a commission is cancelled before its completion, so long as there are no issues with payment, the client may keep the uncompleted art (with only a personal license available to them). The artist still maintains the copyright to the art and, as such, it is prohibited for the client to take the unfinished work to ANY third party (e.g.: a different artist, an acquaintance, a machine learning company, an AI machine, etc), paid or unpaid, to be altered in any way or completed. Violating this by sending the unfinished work to ANY third party CAN AND WILL lead to the artist using whatever legal means are at the artist’s disposal to demand and retrieve the reparations deemed appropriate by the artist for said violation.

The client agrees not to file a chargeback against the artist, and in the instance that these terms are breached and a chargeback is filed, the client’s existing rights to ANY artwork the artist has made, past or present, will be retracted from the client. The artist reserves the right to sell the aforementioned artwork to new buyers-- the artist also reserves the right to collect any lost funds from unlawful chargebacks through whatever financial institution that processed the fee AND/OR through legal proceedings.