Ilustración y Diseño

1. COMMITMENT

  • Customer will provide clear expectations and requests, as well as references, descriptions, and any assets necessary to complete its Service.

  • The Client will grant the Artist non-exclusive rights to replicate the character design and any reference materials to complete their Service.

  • Client warrants that the reference material provided was legally obtained and is authorized for use by the Artist.

  • Client warrants that he or she has the authority to enter into this agreement, be the point of contact with Artist, and is solely responsible for decisions and approval during the process.

  • The Artist guarantees that the result of all Services provided to the Client are 100% original.

  • The Artist may use commercially licensed or copyright-free materials to complete the Service, such as tools, programs, images, etc.

  • The Artist warrants that it will not copy or make extensive references to unauthorized materials.

  • Artist reserves the right to reject projects or requests based on content, subject matter, or other reasons.

  • The details established by the Artist will be agreed with the Client before commencing work.

2. CONTENT RESTRICTIONS

  • The artist will not create content that is explicit, offensive or inappropriate.

  • Specific restrictions include, but are not limited to: mechas, explicit adult content involving minors or minor-looking characters, rape or non-consensual activities, excessive muscles, imitation of styles and any content that is harmful or promotes hatred of minorities or third parties.

  • If unsure, the Client will have the right to ask the Artist if these restrictions apply to their order.

3. DELIVERY TIME AND PROCESS

  • The schedule depends on the type of commission, complexity and workload.

  • The client must plan the use and disposition of the Final Work according to the delivery dates stipulated by the Artist.

  • The Artist agrees to provide updates on the progress of the Final Work until it is delivered to the Client.

  • The Client undertakes to make corrections and comments on updates to its Service when they are given. Otherwise, if the Client is dissatisfied by not making said corrections, the Artist will not make changes to the Final Work.

  • The Final Work will be delivered via Google Drive, email or similar file transfer tools.

  • If there are delays or adjustments to the delivery date, the Artist will inform the Client in advance.

  • Specific reasons for possible delays in the delivery date by the Artist include, but are not limited to: breakdown of work materials, physical or mental health problems, death of a loved one and their respective bereavement or any reason of force majeure that makes it impossible for the Artist to complete the Service on the stipulated date.

  • The Client has the right to request a full refund if the work has not been delivered on the agreed date and a new delivery date has not been rescheduled.

4. REVISIONS

  • A major modification will be permitted within the first update (sketch) of the Service process.

  • An extra fee may be applied to the initial price for excessive modifications.

  • Modifications could affect the progress and delivery date of the Final Work.

5. COMMUNICATION

  • Communication between the Client and the Artist will occur at all times, from the client's request for the Service to the delivery of the Final Work.

  • Communication channels may include: Twitter, email, Discord, or any other means at the Artist's discretion.

  • The Artist's response time may vary up to two weeks, in order to provide the Client with better and more concrete updates.

  • If the Client discontinues communication with the Artist, the Artist has the right to interrupt the progress of the Service indefinitely and withhold payment for such Service.

  • If the Artist discontinues communication with the Client, the Client is entitled to a full refund in accordance with the Service requested.

  • If communication is interrupted due to force majeure, the affected party will re-establish contact as soon as possible and a mutual agreement will be reached.

6. COPYRIGHT

6.1. Artist's Rights

  • The Artist retains all copyright, ownership, redistribution and intellectual property rights, including but not limited to display, advertising, social media posting, portfolio and public streaming channels (i.e. Twitch).

6.2. Client's Rights

  • The Client receives exclusive and non-transferable rights to use the Final Work for personal use. See Section 6.3 for commercial rights.

  • Personal Use is understood as the right to display the Final Work on social media accounts for promotional purposes without direct monetization, such as profile images and posts; printing and framing in personal spaces; display as part of designs on websites and channels, excluding use in the content of these websites or channels.

  • The Client must not claim the Final Work as their own and must credit the Artist using their social tag/username/link at the time of viewing the Final Work or permanently on their websites, social media profiles, social media channels. transmission, etc.

  • The Client must not edit or modify the Work in any way without the prior permission of the Artist.

6.3. Commercial Rights

  • Commercial use rights are not included unless specified in the commission rate or as agreed.

  • Commercial Rights or Commercial Use Rights are understood as the use of the Final Work in broadcasts or any monetized instance, the sale or resale of the Final Work to a third party, as part of any product or on another platform.

  • The use of the Final Work for the purpose of training artificial intelligences (AI/AI), whether programs, tools or platforms of any kind intended for AI training, is strictly prohibited.

  • The use of the Final Work on any type of for-profit platforms related to NFT or Blockchain is strictly prohibited.

  • Additional fees will be required for commercial use of the Final Work if they are not included.

7. PAYMENTS AND FEES

  • The Client must pay 100% of the Service before beginning the process. If agreed, the payment could be divided into two parts (75% in advance and the remaining 25% after the first update).

  • The entire payment will be made through the PayPal platform.

  • All prices are shown in USD currency, all payments will be made in USD currency.

  • Invoices or payment link will be sent to the Client when the Artist and the Client have agreed the request's details.

  • Client should not send money prior to the Artist's payment request(s). In case of any inconvenience related to this clause, the Artist is exempt from all responsibility.

  • Invoices must be paid within 3 business days (i.e. 72 hours), or the order may be cancelled.

  • Prices may vary or change depending on complexity, requirements and/or additional requests.

  • Once the process has begun or payments have been made, the Client acknowledges that the Final Work is digital and that there are no physical goods to receive.

  • Objects such as wheelchairs, guide or emotional support dogs, canes for people with visual disabilities, or any item related to physical or mental disabilities will be covered within the original price and will not require any extra fee.

  • Customer warrants that it will not issue chargebacks and that the refund policy mentioned below will be followed.

8. CANCELLATION AND REFUNDS

  • In case of regret or cancellation of purchase, the Client can request a partial or full refund within the first 2 days before the start of work.

  • After 2 days after purchasing the Service, the customer can request a partial refund of the entire Service (50%).

  • Once the Artist has begun the work process, the Client will not be able to request refunds.

  • If the Artist is unable to complete the work or there are delays (as detailed in Section 3) for unforeseen reasons, the Client may be eligible for a full refund. If the work done up to this point is accepted and used by the Client, the Artist will provide only a partial refund.

9. CONFIDENTIALITY

  • Artist and Client acknowledge that information and materials provided to either party (including, but not limited to, personal information, technical information, marketing plans, payment information, or confidential business information), or incorporated into the process of the Final Work (updates, ideas or discarded versions) that will not be visible to the public will be considered confidential information and will not be disclosed to any other party without the prior written permission of the owner of this confidential information.

10. ACCEPTANCE

  • The Client assures that they are over 18 years old and is legally capable of agreeing to these terms, or has a legal guardian to accept these terms on their behalf.

  • This agreement will be effective once the first communication between the Client and the Artist occurs.

Companies, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.


Ilustración y Diseño