Terms of Service
Art Status, Prices, Links and Que: Carrd/TrelloEmail - [email protected]Toyhouse: https://toyhou.se/HeziakXoenFacebook: Heziak XoenFuraffinity: updating…┌───────────────────── ⋆⋅☆⋅⋆ ────────────────────┐This Terms of Service Agreement is entered into between the Artist and the Client for the commission of an artwork.By commissioning the Artist, the Client agrees to the following terms:1. ENGAGEMENT
a. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.Reference sheet cannot be shaded! The Artist requires a flat color reference for better color picking.If not all of the markings or parts of the character are shown a fee will be added.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 are 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 the 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 Facebook or Discord. 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 unauthorized content that is explicit, offensive, or inappropriate.b. WILL NOT DRAW - Specific restrictions include but are not limited to (NSFW of minors or ferals, vore, scat)
c. WILL DRAW FOR ADDED FEE - Specific restrictions include but are not limited to (NSFW, Complex designs, Backgrounds)3. TIMELINE AND PROCESS
a. Work completion requires at least a couple of days, and may take up to 2 months depending on each project, timeline may be disturbed by unforeseen events such as illness, etc.b. Timeline depends on commission type, complexity, and workload.c. Client will receive access to the Artists trello which will have Work progress frequently updated .d. Artist provides progress updates and seeks Client feedback voluntarily.e. Final deliverables are provided by the Artist using Email, Facebook, Discord, Toyhouse or similar file transfer tools.f. If there are any delays and adjustments to the timeline, the Artist will inform the Client.g. Clients must first agree to delays and amendments to the timeline exceeding 3 months through standard communication channels.h. Clients have the right to request refunds 3 months after deadlines if Work has not been delivered and there was no agreed upon amendment to the timeline.4. REVISIONS
a. Client is allowed 3 changes in the sketching phase of normal commissions or art trades, including YCHS, and base fills.
i. 7 for ref-sheets, 10 for custom ref-sheets.b. Client is allowed 1 change in the lineart phase of normal commissions or art trades, including YCHS, and base fills.
i. 3 for ref-sheets, 5 for custom ref-sheets.c. Client is allowed 3 changes in the coloring/shading phase of normal commissions or art trades, including YCHS, and base fills.
i. 7 for ref-sheets, 10 for custom ref-sheets.d. Additional charges for excessive revisions may be required.e. 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 Discord or Facebook private messages according to Artist discretion.c. Artist response time may vary, a couple of days up to a week in order to provide better or more concrete updates.6. RIGHTS & USAGE
a. Artist Rightsi. 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.b. Client Rightsi. Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section 6.c. 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.v. Client must never trace or heavily reference the Artists work for their own unless given permission by the Artist.vi. Artists logo and watermark should never for any reason be removed or coveredvii. It is the Clients responsibility to keep up with the Work files after the transaction is completed. (Client may ask if Artist happens to still have the Work files by chance but it is not the Artists responsibility to keep the Work files)viii. Client must never use the artists Work(s) in any kind of AI generator, filter, app, etc.c. Commercial Rightsi. Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, and so forth) or as agreed upon.ii. Commercial rights means usage of the 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.7. PAYMENTS & FEES
a. Client pays 100% of commission price upfront.Payment plans may be offered if work is worth more than $100b. Invoices, proposals or payment links will be sent to the Client. Clients must not send money before these requests for payment from the Artist.c. Invoices must be paid within 24 hours, or the project may be canceled. (Unless Client is in a payment plan, upon which they will receive an agreed upon due date before receiving an invoice)d. Prices are in USD, and paid via PayPal, or methods as provided by the Artist.e. Prices may vary or change depending on complexity, requirements, additional requests or may change naturally overtime.f. 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.g. Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed.h. If Client is in a Payment plan, Artist will produce a percentage of the Work (example. Sketch or linework) with each partial payment.i. If Client Backs out from payments there will be no refunds, Client will receive the partial work worth the already received payments.8. CANCELLATION & REFUNDS
a. If Client requests a cancellation or refund before work starts a partial to full refund may be provided if the Artist accepts the reason for cancellation or refund.b. No refunds are possible after work begins unless initiated by the Artist.c. If the Artist cannot complete work or there are delays as detailed in Section 3 for 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.
d. In the event of a chargeback or refund post payment the Artist will report and blacklist the Client. The Client will also lose any rights to the art or design made by the Artist.e. No refunds for any collaborations I work on due to payment being between me and another artist.d. If client cancels a custom project when artist has already started, and the client has not paid. The artist retains rights to the design of said custom.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, 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 inquiry/communication or first transaction.
c. ID required for NSFWNote: Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.┌───────────────────── ⋆⋅☆⋅⋆ ────────────────────┐Terms of Service for Designs/AdoptablesNever remove my watermark.Do not claim the design as your own. Please credit!Small edits to design, colors, species, and gender are ALLOWED.Heavy modification of design should be discussed. Please contact me.Do not sell/give/trade my designs to anyone on my blacklist.:3 kthx