terms of service

general

• this agreement refers to personal and commercial-usage commissions.
  please refer to rights and usages for more information.
• sales tax is not included in the shown price and will be covered by the client.

the client:

• provides clear and complete requirements and expectations upfront, including reference materials or assets before the commission begins.
• grants to the skin artist non-exclusive rights to observe and replicate the client's own character design, reference material, and other intellectual property for the use of the commission.
• warrants that the character design, reference material, and other intellectual property provided to the skin artist are legally obtained and authorized for use by the client.
• recognizes and understands that the product received will be digital-only; therefore, no physical goods will be delivered to the client.

the skin artist:

• strives to perform to the best of their ability, and warrant the commission is 100% original according to their best knowledge.
• warrants that they will not copy or heavily reference unauthorized materials.
• reserves the right to refuse projects or requests based on content, subject, or other reasons.

restricted content

• the skin artist will not create content that they consider to be ethically inappropriate;
  this includes, but is not limited to: explicit content, copied styles, and any content offensive to any minorities due to race, gender, or sexual orientation.
• the skin artist will not create any content that they feel uncomfortable depicting, be it for personal reasons or due to lack of skill to portray the subject matter accurately.

communication

• the skin artist and the client will commnunicate throughout the commission using either discord (a server specifically made for commissions with private channels), twitter, or VGen DMs.
• the skin artist's response time may vary from a few hours to ~3 days (does not include american holidays)
• if the client fails to reply to the skin artist within ~1 week, the commission will be paused and the skin artist will start the next commission in the queue.
  once the client resumes contact, they will wait until the current commission is finished before their's is continued.
• skeb-style commissions do not involve any communication aside from first contact (request and proposal) and final delivery.

revisions

• the client may ask for unlimited revisions as long as:
  they do not go against all original reference materials and notes.
  they do not go against previously approved changes.
• excessive revisions may require additional charges and/or guaranteed delivery date adjustment as they may affect commission progress.
• skeb style commissions are not subject to this revisions policy;
  unless by error of the skin artist (e.g. an unfinished skin file), the client cannot ask for revisions for these orders after final delivery.
• the client may personally edit the commission after final delivery as long as they do not:
  resell or otherwise commercialize the commissioned materials for profit.
  erase the skin artist's watermark on the file.
  claim the work as their own entirely.

process and delivery

• commission completion requires ~1 week minimum from the moment it is marked as WIP on VGen;
  time of delivery depends on the type of service, complexity of design, and pre-existing workload.
• the client acknowledges that the skin artist has other responsibilities that may interfere with workflow. the skin artist will notify the client if there are any delays or adjustments to the timeline.
• the client must first agree to delays and amendments to the timeline exceeding 1 month through communication channels.
• the client has the right to request refunds 2 months after deadlines according to payments and fees if the commission has not been delivered and there was no agreed upon amendment to the timeline.
• for boosted delivery orders, an additional 50% of the final price must be paid;
  this means that the commission will either be moved up to the next one in the queue, or will be at the top of the next batch of commissions.
• the client has the right to ask for updates within reason.
• the final deliverable materials will be provided to the client using the VGen platform, unless the client asks for an alternative delivery method (e.g. Google Drive)
  for alternative deliveries, it is the client's responsibility to download their commissioned materials promptly as they will be deleted after ~6 months to free up file space.

rights and usage

• usage of the commission for NFT (or for any kind of crypto-currency related activities), AI tools, and AI/ML training is strictly prohibited
• the skin artist retains copyright, ownership, redistribution, and intellectual property rights, which include but are not limited to:
  display, advertising, the work, and work in progress on websites, social media, portfolios, and more.

client rights for personal-use commissions:

• the client receives non-transferable usage rights to the commission for personal use. refer below for commercial rights.
• personal use means: any use that does not generate or is involved in the generation of profit (i.e. in-game usage, social media posts, etc.)

client rights for commercial-use commissions:

• commercial distribution rights are not included in general commissions, unless discussed prior to payment or purchased by the client in the relevant form.
• commersial rights differ for each commercial commission type:
  commercial broadcast rights means usage of commission on streams, videos, advertisements, and other content, or any similar monetized instances.
  commercial distribution rights means selling or reselling the commissioned files to another party, as part of any produect of merchandising, or on another platform; these tend to refer to minecraft skin packs for the marketplace, so if this is something the client is interested in, they are to DM the skin artist directly.
• in the case of original design and assets for the purpose and definition of the client's brand identity such as character design, and more, intellectual property rights of the designs and their likeness are exclusively transferred to the client for use
• additional charges will be required for commercial usage not included in the service listing.

payments and fees

• invoices, proposal, or payment link will be sent to the client when the skin artist can confirm to be able to confidently fulfill the commission.
• the skin artist will not add the order to the queue unti lthe invoice is paid for.
  the skin artist will cancel and decline the order if the proposal is not paid for by the guaranteed delivery date, and the client will be required to submit another commission request form.
• prices may vary depending on complexity, requirements, and/or additional requests.
• once progress on the order has begun or payments have been made, the client acknowledges the commission and commissioned files are digital, so there are no physically shipped goods to receive.
• if the client requests cancellation, they may receive only a partial refund equal to the unfinished work for the commission. the largest refund available via the client's cancellation is 70% of the initial payment.
• a full refund will only be possible if the skin artist cancels the commission, if the skin artist has not responded within ~2 months, or if the commission has not be finished after ~2 months from the last agreed guaranteed delivery date.
  if the client still wishes to use the unfinished work in any way, they will only receive a partial refund.