amaagumo

AMAAGUMO'S ART AND DESIGN COMMISSION SERVICE

USER AGREEMENT

By accessing and using this service, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the Terms of Service, please do not continue. You will agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me, amaagumo (Yamanishi Akira), hereinafter referred to as "Artist".

DISCLAIMER

● I do not allow my art to be used for AI purposes and alike. Please do not upload my work to any AI/Machine learning sites or programs.

● Repurposing artwork created by me for NFT usage is strictly forbidden. Even with a Commercial Usage agreement, you will not be given the rights to use this commission for NFTs, any associated Cryptocurrency, or Machine Learning programs. As the Artist, I reserve the right to issue a DMCA for any artwork I have made that breaches this agreement.

CLIENT

● You, hereinafter referred to as the Client, will be expected to first read my TOS and understand my commission prices.

● The Client may display the work on external sites as long as it is visibly credited and linked back to the Artist.

● The Client may not upload or host the Artist's work in any gallery that is intended to display the Client's own work only.

● The Client may not claim the Artist's work as their own.

● The Client must credit the Artist, either by including a signature, watermark, or name in the credits roll in video media.

● Please only upload the smaller file publicly unless otherwise discussed.

● The Client is NOT authorized to change, modify, edit, or use the Artist's works without permission.

● The Client is NOT authorized to trace over the Artist's Artwork in any way, including the use of the artwork as a “base.”

● The Client is NOT authorized to use this commission for NFTs, any associated Cryptocurrency, or Machine Learning programs.

ARTIST

● By commissioning the Artist (amaagumo), you are purchasing the Artist's service as an illustrator only.

● The Artist reserves the right to post the Client’s finished artwork on their social media sites, commission pages, and for portfolio use.

● The Artist reserves the right to decline any project or Client for any reason.

● The Artist reserves the right to refund the client the full amount paid if the Artist is unable to finish the commission due to an emergency, or no longer wishes to complete the commission for any reason.

COPYRIGHT

● The Artist reserves the right to sign and/or watermark their own work.

● For commissions under the Personal Usage Agreement the Artist will retain copyright over the artwork, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon.

● In the case of a commission with original work/intellectual property of the Client, the Artist will not and cannot claim the rights to the Client's works. Therefore the Artist will not reuse and/or resell the Artwork for personal or commercial projects unless agreed upon.

● If the commission is a request using the Artist’s own IP, then the Artist will retain all rights to the commission. The artist reserves the right to redistribute, reproduce, and resell the commission.

COMMERCIAL USAGE AGREEMENT

● The Client can request a commission for commercial use under the Commercial Usage Agreement. The total price of the commission, as well as any other royalties, and licensing, will be agreed upon upfront. This modifies the Terms of Service to allow for the Commission to be used for Commercial Use.

● Commercial usage fees will be scaled according to the size of the project and type of client.

● The following cases are considered commercial use: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted the Artist's artwork, (eg. Patreon, YouTube, Twitch, a personal site, game projects, books, etc).

● The Client must use the artwork within the specified agreement. A separate contract must be made if the Client wishes to use the artwork outside or in addition to its intended use. (example: The artwork is used for a Twitch banner but is then repurposed as an art print without the artist's permission. In this case, the Client must contact the Artist to create another paid contract to use the artwork for another purpose.) If the Client uses the artwork outside of the terms of the commission and refuses to create a new contract to amend the issue, the Artist reserves the right to issue a DMCA and pursue for damages.

TRANSFER OF COPYRIGHT AGREEMENT

● The Client can request a Transfer of Copyright Agreement. This will be a separate form that allows transferring the copyright of the artwork from the Artist to the Client. If the intent of the commission is to create a new IP/Character design for the Client, the Artist will transfer all rights of the IP/Character to the Client once the commission is completed.

Optional and/or Additional Fees

RUSH FEE

● The deadline must be disclosed prior to payment.

● Rush fees are at least twice the commission price. Fees might vary depending on the project scale and the timeframe provided.

● The Artist will prioritize a project with a Rush Fee.

COMPLEX RENDERING AND DETAILS

● If the Client's character is extremely detailed, the Artist will apply an additional fee to include these details. This fee will be stated before the transaction. The Client can make changes to the commission request (eg. change the character, or agree to simplified design changes) to avoid the additional fee before the transaction is complete.

NDA - PRIVACY REQUEST

● The Client can request for the artwork or project to be private.

● The NDA fee is a minimum of +5% of the total quote of the commission. NDA fees will be scaled according to the project size and client type.

● The Client and Artist are not allowed to share any WIPs on social media, stream the process of the commission anywhere, and must keep any and all assets/artwork private until the project is completed.

COMMISSION DETAILS

ORDERING

● The Client should make a request concisely worded with minimal abbreviations. Important details and plenty of references (photo and drawn) is encouraged so the Artist has a solid understanding for the commission request.

● Before taking part in any transaction, the Client is required to wait for a reply so that the Artist can discuss the details.

● The Artist - after everything is processed and confirmed - will send the Client an invoice. The Client must provide an email and confirm the payment with the Artist before the commission is started.

WORK PROCESS AND GENERAL TIMELINE

● The Client reserves the right to set a deadline for the commission. This deadline must be disclosed prior to payment.

● The Artist has the right to decline a project if there is too short of a time allowance. The Artist reserves the right to take up to 2 weeks to begin work on the project, and an additional 4 to work on said project.

● If the Client does not notify the Artist to a deadline, the Artist is not responsible for finishing by the unagreed on date. Reminders will be ignored if they relate to work that the Artist has prioritized above the Client's project, including other commissions and gift art.

● If due dates are discussed, it is also the Client's responsibility to ensure prompt communication. The Artist will not be held responsible for late delivery.

● No harassment over the Artist's work speed will be tolerated, regardless of the time that has passed.

● The Client reserves the right to be notified of any delays.

REVISIONS AND FEEDBACK

● The Artist will send a WIP (work in progress) image after 100% of the payment is completed.

● These images will come in the form of .jpg or .png files as an attachment in the email or a DM.

● The responsibility is on the Client to ensure the order contains the details that will be followed.

● The Artist is not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.

● The Artist will only send a guaranteed WIP for the sketch, but you are free to request a WIP at any given time.

● Up to two major revisions can be made during the drafting phase of the commission. Only minor adjustments within reason can be completed afterward.

● The client is responsible to provide feedback to the Artist for any WIP they receive. If no feedback is given the work and/or update is considered approved by the Client.

● Changes will only be made at the sketch stage. Color corrections will be made at the color stage.

● Any changes to the character or subject will be subject to a fee, and the fee will depend on the nature of the change.

● The Artist will not be held responsible for any changes in ownership of the said character.

● After the order is completed, minor changes such as color adjustments are allowed if the missing or inaccurate elements are my fault (e.g., overlooked details provided in the order).

● In the absence of feedback from the customer, any changes to the final piece after completion will be subject to a fee.

● The Artist will not redraw a completed commission unless payment is received for a second order.

FINAL PRODUCT

● The Client will be sent a full-resolution image(s) by Google Drive.

● Artwork will have differences between samples and other work produced by the Artist. Each work is unique and is the nature of creating art!

● The Client must respect the Artist’s art style and it cannot be altered to fit another artist's art style.

● The Artist reserves the right to reject critique pertaining to artistic skill and stylization. Especially if the critique is only aimed to reduce the paid value of the artwork.

● The commission will be archived by the Artist. However, there is no guarantee against computer failure, accidental deletion, or loss of the commission after it has been delivered. The Client must be responsible for saving any information or files they receive of their commission.

● The Artist is not required to post the Client’s commission in any public space, and if posted, the Artist is not required to keep the file posted indefinitely.

● If the Client has feedback after the artwork/project is completed, please contact the Artist by email or direct message on social media.

● Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.

PAYMENT

● The Artist is not responsible for any mistakes that are made by the Client over the course of the transaction.

● Will only accept USD or JPY as payment. You are responsible for making currency conversions.

● The Client must deposit 100% of the price upfront before the commission can start. For larger commissions, a partial payment of 50% can be made to start. The remaining 50% must be paid before the finished commission can be delivered.

● The Artist will start the transaction by sending an Invoice to avoid confusion. Do not send the Artist any kind of payment until they have confirmed and accepted the commission AND have asked for payment.

● The Artist will not accept payment from shared accounts unless the Client is not of legal age and must require a parent or guardian’s payment account.

● If payment is not made within 24 hours after the Invoice has been sent, the commission will be canceled.

DISCLAIMER

● Please note that all sales by the Artist are "Digital Artwork" and it is the Artwork’s "Intellectual Property" that is purchased by the Client.

● Nothing is ever intended by either the Artist or the Client, to be physically shipped and delivered.

REFUNDS

● The Artist can refund 100% of the payment before the project has started (i.e. before the artist has started on the first sketch).

● Once the Artist has started drawing the Client may no longer request a refund.

● The Artist can only refund 80% of the payment if there are errors in fees, taxes, and/or transfer fees.

● If the Artist cancels a project, the Client will be reimbursed 100% of their payment.

● If the Client backs out of a project with a payment plan (i.e. not following through with the scheduled payments), the commission will be canceled and the deposit will not be refunded.

CHARGEBACK

● The Client is NOT authorized to issue a chargeback for any reason.

● If for any reason the Client’s payment account malfunctions or authorizes a refund request without warning, the Client must contact the Artist as soon as possible to resolve the issue.

● The Client is required to contact the Artist when canceling a commission request.

● Purposefully issuing a chargeback without contacting the Artist to cancel/refund a project will result in immediate blacklisting of the Client and any associated accounts.