Commission Agreement and Terms of Service

Last Updated 15/10/22

Please read fully before contacting StarPendant

USER AGREEMENT

These are my standard terms of service for any Illustration design project. Have a good read through, and if anything jumps out at you as a potential issue, let me know before the project begins and we can discuss any alterations that might be needed for your particular project.

The Client must read and understand these terms before entering into a Commission Agreement with the Artist.

By purchasing a commission you agree to be purchasing the services only as an Artist and to the following Terms of Service (“Terms”) which govern the agreement between yourself (“the Client”) and StarPendant (“the Artist”).

Once the Client enters into a Commission Agreement with the Artist, it is assumed the Client has agreed to all Terms.

All communication regarding commission work is to be done through e-mail and sometimes through socials direct messaging i.e. discord/twitter.

If you are not comfortable with my agreement/T.O.S and/or are not willing to agree to the conditions, you may not request a commission.

 

  1. You the Client, agree they are of the legal age.
  2. You the Client, have usage rights to any reference materials or designs provided to StarPendant for use in the commissioned project.
  3. You the client, are responsible for your own money and financial situation. If you request any additional add-ons to the project, you are responsible to pay for it.
  4. You the Client, may display the completed commission on external websites as long as the Artist’s name “StarPendant” and any related parties creators of the commission are clearly displayed on their profile or website. Credit on individual posts are not required.
  5. You the Client, may not claim the commission as your own.
  6. You the client, may not edit or modify the completed commission without a written permission from the Artist.
  7. You the Client, will provide as much info as necessary regarding intended project usage and agree to discuss additional uses or changes with StarPendant after project start.
  8. You the Client, are responsible for saving any information, images, and other digital data provided.
  9. You the Client, agree to not use the completed work produced for anything related to A.I. artwork generators, NFT or cryptocurrency related works and/or activities.
  10. If you the client, cease communication after the Artist has tried to communicate you over 1 month, the project will be cancelled with no refunds.

DEFINITIONS

“Artist”: The individual providing the Commission (“StarPendant” or “StarPendant.art”).
“Client”: The individual purchasing the Commission. (“the Client” or “commissioner”).
“Commission”: The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and
“Project[s]” are used interchangeably herein and in Commission correspondence.
“Project”: The agreed upon commission between the client and StarPendant.
“Material”: Files and resources provided to and used by StarPendant over the course of the project.
“Deliverable”: Completed files for use by the client from StarPendant.
“Commission Agreement”: The discussion, documented via email (or via any other communication service, e.g. Discord), in which the Artist and the Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed on the Artist’s portfolio.
This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years. Ultimately, the Commission Agreement will usually conclude with:
“This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed by the Artist.”
“Start of Work”: The point in time by which the Client has approved the Artist to start work on the Commission (i.e. The price quote is approved by the Client and the first invoice is paid, this is when the Artist begins to create the Commission).
“Profile(s)”: Online locations where the Commission may be displayed (e.g. “galleries,” such as www.starpendant.art, Facebook, Instagram, Twitter, DeviantART, etc.).
“Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.

TYPES OF COMMISSIONS

🌟 Personal:
Illustration, profile icons.

🌟 Commercial: Character design sheet, Model art, Rigging, Illustration, PNG-Tuber.

Commercial/monetary usages include, but are not limited to:

  • Monetization off of using my works on YouTube through memberships, donations, sponsorships, or ad revenue
  • Monetization off of using my works on Twitch where you gain income via ads, sponsorships, donations, subscriptions, or bits.
  • Usages of my work in paid Patreon content
  • Usages in paid products like games, pay-to-view videos, paid experiences (movies, shows, exclusive online content, presentations)
    Commercials, advertisements, sponsored content.
    Examples of Commercial:Examples of Non-Commercial:
    Stream PNGsTwitter posts
    Live2d ModelsTwitter/twitch pfps
    MerchandisePrinting for yourself (no intention of selling)
    Twitch About Panel ArtTwitter/Twitch Banners
    Wallpaper Engine wallpapers.Schedule Art.
    PNG Tuber
    Emotes and Sub-Badges

     

    🌟 ILLUSTRATED ART 🌟

    Drawn art
    Illustrations:

    • Final agreed art with/out background (simple/complex)

    PNG Tuber:

    Base Character design.

    • Four expressions combination of eyes open and mouth closed.

    Character design sheet:

    • Full View: Front, Back, Side.
    • Close up: Facial expressions, accessories.
    • Optional: Pets, tails, wings, etc.

    VTuber model art:

    • Designed character art of client design or use of character sheet.
    • Separated parts of a character model.

    🌟 RIGGING 🌟

    VTuber model rigging:

    • Bringing to life ready to rig character model art.

    PAYMENT

    Deposits, final payments and delivery

    • I reserve the right to request a 50% deposit prior to starting work on your project. If a deposit is requested, an invoice will be generated and delivered to you via email and payment is expected within 30 days of issue. By remitting deposit funds you are accepting these Terms of Service and entering a contract with StarPendant.
    • I will invoice for the remaining cost of the project and associated services prior to the release of any files or final exports. I reserve the right to withhold delivery until payment has been received in full.
    • I reserve the right to invoice prior to the time detailed if you have been uncontactable/unresponsive for more than 30 days.
    • You may reserve the right to request a payment plan which may be accepted at my discretion. All payment plans must be agreed to both parties in writing.
    • Commissions can be either:
      • 100% upfront (this already include a 10% non-refundable waiting fee). For benefits for full upfront payment, please read more under Revisions, Updates and Client Feedback section.
      • or split payment plan with a 10% non-refundable waiting fee to be paid within 48 hours of confirming their slot and the quoted price. The remaining 90% will be paid when the Artist will start working on the clients commission.
    • All payments are to be made within 30 days of issue.
    • I reserve the right to charge you for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
    • All prices are expressed in Great British Pound (GBP), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the GBP amount. Please visit XE.com for accurate currency conversions, be aware that conversion rates can change at any time this is to help you understand how much you need to have ready.
    • If payment is not made in a timely manner after the Artist placed the Invoice, the commission will be cancelled.
    • Repeated counts of commissioning a project and failing to pay will result in blacklisting.
    • You will pay a minimum of 50% before we start working on your commission.

    🌟 PRICES 🌟

    • We reserve the right to charge more if we deem fit, depending on the complexity of your request.
    • We do not tolerate any kind of harassment or negotiation attempts regarding our prices.
    • While we do offer options please note the price is subject to change depending on your request, meaning you will first receive a quote after we discussed the pricing. This is what you will have to pay in the end.

    🌟 PAYPAL DISCLAIMER 🌟

    • Please note that all of the Artist sales are “Digital Artwork” and it is the Artwork’s “Intellectual Property” that is purchased by you, the Client.
    • Nothing is ever intended by either the Artist or the Client, to be physically shipped to them.
    • We are not required ever to ship any item unless it was explicitly discussed.
    • Other payment methods can be made available to the Client upon request.

    🌟 PAYMENT PLANS 🌟

    • The Artist usually only accept payment plans if the order sum exceeds 2000GPB.
    • We will discuss a payment plan beforehand. You, the Client are expected to pay in instalments over a limited amount of time.
    • The sum of each instalment as well as the time period will be discussed and documented beforehand in the Commission Agreement.
    • You are expected to continuously pay said instalments without being reminded until everything of the total sum is covered.
    • Please refer to the section “Payment” for further instructions as the process remains the same. Only after 50% is covered, will the artist start the project.
    • Any additional fees must be paid prior to delivery.​
    • Once the project is completed, the client will receive a final showcase version of the entire commission to ensure they’re satisfied with the products.
    • If approved, the files will be sent un/watermarked at full resolution through a Google Drive link.

    Delivery options​​

    • By default, the order will be completed when the Client’s slot in the queue is reached. Delivery may be delayed by deadline/rushed orders. Any delay affecting a commission will be notified to the client.​
    • The Client can request a deadline for their commission. If the project is accepted, a +50% to +80% fee per item will be applied to the order, based on workload, timeframe and complexity of the project. Deadline orders must be paid in full upfront.
    • When work on the final Artwork is complete, a low resolution version will be shared with the Client for final approval. By giving final approval the Client is agreeing that the Commission is complete and the final payment of the total fee is due.
    • Any file you paid for will be available from the Artist for a finite time only. The Artist take measures to preserve most files for up to 4 months. However, the Artist cannot guarantee against computer failure or accidental deletion or loss.
    • The Artist are not required to post your project in any public space, and if posted, the Artist is not required to keep it there indefinitely. The Artist have the right to delete or remove project. You should have your own copy.
    • Once the price is paid in full, the Commission will be provided to the Client via email or an online download location in
      • .PNG format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement.
      • VTuber related commission .PSD for model design or runtime files for rigging.

    Post-Delivery edits

    You the client, are entitled to unlimited adjustments and edits to the model up to 6 weeks after the project is completed. Past 6 weeks following delivery, edits will be charged 50% to 100% of the initial cost of the item.

    ADDITIONAL FEES

    The client will be charged additional fees when:

    • There are already too many revisions (price will be discussed).

    • Anything requested that is not included in the summary of parts stated will cost extra, depending on the intricacy.
      Additional outfits and hairstyles will cost extra.

    • The Client wants to secure a slot without having to wait for commissions to open or go through an application (+30% of the commission total).

    • Live2D Rig: The model rig has more expressions and animations than what is offered as free (price included in quote).

     

    Privacy Request/Non-disclosure agreement option:

    • The Client can request a privacy request/ non-disclosure agreement for their commission, this must be stated during the ordering process.

    • Progress and final product will be kept private and will only be shared to the client and any other party directly involved with the commission, with prior approval from the client.

    • A +50% fee per item will be applied to the order and the client will receive a Non-disclosure agreement PDF document to review and sign electronically.

     

    This is especially important to consider if you are a VTuber and want me to keep assets private until your debut.

    PRIVACY POLICY

    Required Client Information:

    • Email Address: The Client is encouraged to contact the Artist via email (commission@starpendant.art) or quote form to query a Commission.
    • Other Forms of Communication: The Client may request a different form of communication (e.g., discord, twitter, teams, etc.) to discuss a project before signing a Commission Agreement, by initially using the quote form. However, the Artist must have the Client’s email address when entering into a Commission Agreement after query and discussions are complete.
    • Physical Address (Optional): The Artist only needs the Client’s address if the Artist is shipping a [traditional art] Commission or a digital art print. The Client is responsible for ensuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.
    • Specifications for Commission: Please refer to Commission process 3a to 3e for guidance.

     

    Personal Information

    • The Client is responsible for insuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.
    • The Client and the Artist legal name, country of origin, and other personal details may be known to both parties during the commission process, specifically during payment via one of the payment platforms or transaction performed using a non-business account.​​
    • Neither Party (StarPendant “the Artist” and the Client) shall use, disclose or make available to any third party the other Party’s Confidential Information, unless such use or disclosure is done in accordance with the Terms of Service.
    • Each Party must hold the other Party’s Confidential Information secure and in confidence, except to the extent that such Confidential Information:
      • is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency;  unless it’s for legal purposes like disputes and the Artist need to provide proof of work; or
      • was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorisation.
    • This clause will survive cancellation of the commission and any other agreement and license.

    Data collected will not be stored nor accessible outside of StarPendant and is used solely for the processing and completion of the client’s project.

     

    Private/Confidential Term

    • If the Commission is defined as Private/Confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted.
    • A Client may not request the Artist to complete a Commission without defining the time-span in the Commission Agreement to eventually allow the Artist to publicly display the image.
    • Please refer to Additional Fees, under the Non-discloser Agreement section.

     

    Social Media Anonymous:

    • The Client can request for their piece to be posted publicly (if the Artist post your commission, the Artist will sign that you are “the Client”).
      • IF this is posted as secret commission if the Artist post the Clients commission, the Artist will not sign who is the customer “the Client”)
      • or kept PRIVATE (the Artist will not post the Clients commission, the Client will need to pay fee for this option).

    REFUND AND CANCELLATION

    CANCELLATION

    Cancellation during the project

    If you choose to cancel the project midway through, where ideas and proposals have been submitted, refund of previous payment is not possible. However, depending on the work completed and overall budget, a portion of the funds may be returned.

    If I fall ill, or am unable to complete the project due to unforeseen circumstances, a portion of the overall budget will be returned. In most cases the complete amount will be refunded. If any works, so far completed, can be used for another designer to pick up, then a percentage will be refunded based on work completed or any other reasonable suggestion will be considered.

    Project Suspension

    I reserve the right to suspend any project if there is interference with excessive micromanaging, demonstrating a continued lack of trust and inability to move forward after showing more than a reasonable number of unique logo ideas/concepts, and/or showing a reluctance in paying the final payment.

    Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of StarPendant.

    Force Majeure

    In the event I fail to perform any obligation pursuant to these Terms of Service due to an “act of God” or an act of any government, terrorism, riot, war, accident or any deficiency in materials or transportation or any other cause of any nature beyond my control, such failure shall not be deemed to be a breach of these Terms of Service, provided that you are notified of the existence and nature of the reason for my non-performance and delay, and I resume performance immediately upon the conclusion of the relevant force majeure.

    REFUND POLICY

    Please note that the waiting fee is non-refundable (with an exception found below). As mentioned in the commission process section, the waiting fee is 10% of the commission price. 

     

    A refund can be issued when:

    • The Client has paid in full and has requested a refund before the Artist could work on the commission.
    • The Client’s commission has been terminated by the Artist.

    The refund will be issued after the Artist have discussed the final refund amount with the Client. More details below. The refund will be sent through the same payment method as what has been used by the Client to pay the Artist. Any transaction fee will be shouldered by the Client.

     

    Right of Refusal: 

    If the Client does not wish to purchase the commissioned artwork, the Client may refuse. In that case, the Artist will retain the refused artwork and the non-refundable waiting fee payment. This is free of any claims or interests of the Client and the Client will not owe any additional fees to the Artist.

     

     The Client will be refunded:

    • No more than 40% of the total commission price if: (Some set examples)
      • Illustration: Sketch Phase, sketch and rough colours is placed.
      • Character model: Sketch Phase – sketch of the character and colour sketch is done.
      • Rigging: only mouth, eyes, eyebrow and head XY, is done.
    • No more than 70% of the total commission price if: (Some set examples. plus above included.)
      • Illustration: Clean line art is being done.
      • Rigging:  body XY, body Z head Z parameters are done.
      • Character model: Clean line art is currently being done.
    • 90% of the total commission price if the Client wishes to cancel their commission after paying in full (note that the 10% waiting fee is non-refundable).
    • 100% of the total commission price if the Artist haven’t started the commission and is unable complete it due to grave reasons.

     

    A refund CANNOT be issued when

    • The commission is:
      • Illustration: at the rendering stage.
      • Model Art: at the rendering stage.
      • Live2D Rigging: at the physics rigging phase, unless the Artist decides to terminate the commission.
    • The commission project was delivered.
    • If you the Client, has neglected to give feedback or acknowledge progress despite having been sent updates or has access to the progress via a livestreams and archives but did not comment on the progress or claim to not have seen said progress and the Artist has tried to communicate you over 1 month, the project will be cancelled with no refunds.
    • The Client has untruthfully expressed satisfaction.
    • The Client has intentionally kept negative feedback and request/s for corrections to themselves during the whole commission process.
    • The Client needs the money back for other expenses.

    The commission will be terminated after the refund. If the Client decides to commission the Artist again, they will have to pay full price.

     

    Chargebacks

    • You the Client, agree to absolutely not file for disputes and charge backs and agree to contacting the artist first for refunds and corrections on your commission.
    • You the Client, agrees to contact the Artist first for refund request when you need to cancel a commission and give a reason why you want a refund; and corrections on your commission.
    • If for any reason your PayPal account malfunctions or authorises a refund request without your knowledge, you must contact the Artist as soon as possible in order to resolve the issue.
    • Purposefully forcing a refund by issuing a chargeback will result in immediate blacklisting for you and public PSA made on the client.

    REVISIONS, UPDATES, AND CLIENT FEEDBACK

    UPDATES

    Illustration Updates

    For illustrations, the client will be sent updates during: (This is an example of a Full Rendered illustration, it would be different if it was a quick sketch commission, etc)

    • Sketch Phase: Drafts/mock-ups that you must decide which one the Artist should continue with (depending on the complexity of the commission there might be fewer or more drafts)
    • Clean up Phase: A more narrowed down sketch and/or base colour sketches that you must accept before I continue the work. Insight and involvement in colour plan.
    • Rendering Phase: Finalised clean lineart, colours

    The Artist will also send updates for how much work is done after every work day/week.

     

    Live2D Model Rigging Updates

    Based on which payment plan the client will be sent test models 3 times during the commission process, when the following have already been rigged:

    • Eye blinking and mouth.
    • Head angles (without physics).
    • When the rigging is almost done.

    Please note that the complete set of test models will only be sent to the Client if they paid in full. Clients who avail of a payment plan will only be sent the first test model.

     

    For Clients who paid in full:

     The Artist will also send video updates of the model movement to give the client a chance to provide feedback and make sure that the model suits their preferences.

    For Clients availing of a payment plan:

    The frequency of update video will depend on how spread out the payments are. Please consult with the Artist to come to terms with an agreement on updates and payment.

      REVISION PROCESS

      When are revisions free?

      • The Client is encouraged to provide any kind of feedback during the commission process to ensure that the quality of the project is of high quality.
      • Minor revisions are free but there is a certain threshold for the quantity of minor revisions. The Artist will make sure to inform the Client if their free revisions are almost up. Once the Artist has informed the Client that they have used all of their free revisions, the Artist shall propose a price for additional minor revisions.
      • Major revisions before and after delivering the completed work are not free. For minor revisions after delivery of the final work, please consult with the Artist since it may be free. The Client may also consult with the Artist to determine if the desired revision is considered minor or major.
      • After the order is completed, minor changes are allowed if the missing or inaccurate elements are our faults (e.g., overlooked details provided in the order).
      • Some changes, if approved, will require renegotiation of the timeframe and the fee.

      Illustration commission:

      • The Artist will only do changes up to the Clean Up phase.
      • Once the commission is finished, small changes such as colour adjustments are permitted if the missing or inaccurate element was an error on my part (ie. missed a detail that you had provided in the order).
      • If initial feedback was not provided clearly, any changes to the final piece will come with a fee.

       Model Art commission:

      • After the Artist is done with the completed model art, the Artist will send the file for review. Please be available to provide feedback.
      • The Artist will allow you an agreed time period to write a list with revisions for us to review and discuss with you.
        After approximately minimum one week, the Artist will update you with the revisions, you then will have another set time period to write a second list with revision requests.
      • The cycle repeats and we reserve a minimum of one week to implement said revision changes.
      • Please keep in mind that after 3 revisions, the Artist will either charge or deny the request for any further changes.
      • Please note that the revisions will be discussed with the Artist and only implemented when reasonable.
      • For best results (if commissioned for model art only and no rigging): connecting with the ‘third party’ Rigger would be more beneficial and faster for communication saving you, the Client time being the middle person.

       

      Live2D Rigging commission:

      • After the Artist is done with the completed rigging, the Artist will send the runtime file for you to review. Please make sure to be available to test and provide feedback.
      • We will allow you an agreed time period to write a list with revisions to review and discuss with you.
      • After approximately minimum one week, that Artist will update you with the revisions, you then will have another set time period to review and discuss any feedback.
      • The cycle repeats and we reserve a minimum of one week to implement new changes.
      • Please keep in mind that after 3 amount of revisions or a time frame of X weeks, we will either charge or deny the request for any further changes.

      If using ‘Third party Model Artist’ for Model Art:

      • For best results connecting with ‘other artist’ would be more beneficial and faster for communication saving you the Client wasting time being the middle person.
      • The amount of revisions the Artist ‘rigger’ accepts depends on the Artist and is discussed in the revision phase, the same goes for the timeframe.

      Please note that the revisions will be discussed with the Artist and only implemented when reasonable.

      The Artist will not implement unreasonable physics changes if they are not meant to happen for example stylistic effect. We will not implement physics on body parts that make no sense for said body part etc.

       

      What are considered as major revisions?

      Major revisions can be any of the following:

      • Change of clothes.
      • Additional poses.
      • Additional expressions.
      • Revising already done parts, with the exceptions of small preferences in rigging and mistakes made by the artist.

      If the revision you’re thinking of is not on the list, please consult with the artist.

      ETIQUETTE AND FEEDBACK

      Client’s Role and Etiquette

      1. The responsibility is on the Client to ensure your order contains the details you want the Artist to follow.
      2. The Client is expected to check for mistakes:
      3. Illustration/model art: any missing elements to the drawing that was agreed to during the Clean Up Phase.
      4. Model art: any missing elements to the drawing that was agreed to during the Clean Up Phase.
      5. Rigging: such as clipping, displacement of parts, and any general mistakes in rigging that are obvious and was missed.
      6. The Client should also provide all of their feedback within the agreed time period of receiving an update from the Artist. This is to help save time and make the commission process more efficient.
      7. When giving feedback, it is highly encouraged to be detailed and that desired corrections to be requested are final. This is to save time and ensure that all efforts are meaningful.

      What type of feedback is not allowed?

      • Requesting for changes that are out of control of the artist and commission agreement (ex. asking for changes in illustration when you have availed for a rigging-only service).
      • Wanting to be particular but requesting a revision without a clear idea, proper references, and direction.
      • Being too fickle about changes ex. requesting for multiple changes and making the artist undo them multiple times.

      COPYRIGHT, INTELLECTUAL PROPERTY AND COMMERCIAL USE TERMS

      OWNERSHIP & COPYRIGHT

      All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of StarPendant. The final artwork/digital files will become your property ONLY upon final payment of the project.

      If final payment is NOT received as agreed, all designs and concepts will remain the property of StarPendant until payment is received.

      If there are issues with final payment, I reserve the right to reuse or amend any of these ideas for other clients, or to be used freely as concepts in my portfolio.

      Should the client attempt to use/modify/alter/replicate or steal any of my ideas without making agreed final payment, I will take immediate legal counsel.

      StarPendant reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This is typically, but not limited to the completion of the project. If you have any specific ‘secrecy/stealth mode’ or NDA requirements, please mention this before agreeing to the proposal.

      Final payment ensures that ONLY the agreed design becomes your property. Any previous ideas/concepts remain my, unless any prior agreement has been made.

      TRADEMARK & COPYRIGHT

      Due to the lengthy and often costly procedures required to initiate any form of Trademark, Copyright and legal name search, I am unable provide any practical help with this.
      If you require the logo to be registered as a trademark, then you must seek your own legal advice.

      BRAND NAMING

      You take full responsibility for ensuring that your company/product/name is legally free/available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, neither am I legally responsible for any problems thus arising.

      Please ensure the name you are using is free and legally safe to use before committing to a logo project. Project name changes during a project are exceptionally costly, challenging to implement, and cause significant delays.

      If a change of name is required mid-way during a project, and significant logo exploration work has already been presented, then I will have no choice but to recalculate the total cost of the project, to allow for the reworking involved. Please ensure that the name you are using has been subject to appropriate checks, is not in use by someone else, and/or infringes on any other registered trademark, business name etc.

      RESTRICTIONS

      Restrictions to the signing of this agreement

      These Terms of Service do not give you the rights or permission to use/modify/alter/replicate or borrow any of the previous ideas/concepts/sketches that I present. All original preparation materials, sketches, visuals and unused ideas shown and considered will remain the property of StarPendant.

      I am free to use these unused and previous ideas for future conceptual and client work. Where a previously unused idea/design retains a similar look and style to the finished logo, I shall repurpose and style so that the end design is sufficiently different as to not cause conflict.

      Unless otherwise agreed and arranged, I reserve the right to showcase the finished project and associated designs in my portfolio and in any number of online galleries/portfolio/showcases/awards as well as in printed literature including books and magazines, now and in the future. Associated designs and artwork can include commercial print design/business card/stationery design/signage/desktop icons/mobile phone and other portable device application icons and imagery.

      ANY supporting artwork and designs required by this project can be used as indicated by myself for personal and professional reasons.

       

      CLIENT

      • You the Client, may display the completed commission on external website as long as the Artist’s name (“StarPendant”) and any related parties are creators of the commission are clearly displayed on their profile or website. Credit on individual posts are not required.

      Social media accounts either:

      Additionally, any profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work.

        • All platforms the Client use the commission on stating in their about, biographies, Twitch and YouTube channel descriptions.
        • The Artist credits should be easily seen and not purposefully hard to find.
      • You the client, owns the rights to any material provided to StarPendant for the commissioned project.  StarPendant, the Artist disclaims any responsibility for copyright issues. By providing material (sounds effects, artwork, fonts, etc…) for StarPendant to use, the Client guarantees ownership of the correct licenses.
      • You the Client, may use the commissioned Live2D model for the following commercial purposes:
        • Streaming.
        • Social media graphics.
      • Under no circumstances may the Client submit a commission to any kind of online or offline contest.
      • Other types of commercial use would need permission from the Artist.
      • You the Client, agree to not use the commissioned project work produced for anything related to training to A.I., or any A.I. related purpose.
      • You the Client, are not allowed to use the commissioned project work on any NFT or cryptocurrency related works and/or activities.
      • Any Client who has ordered from the Artist is not allowed to Take credit for the creation of the commission itself.
      • Any Client who has ordered from the Artist is not allowed to Edit, alter, modify, or trace the Commission without the Artist’s expressed written permission, or as agreed upon in the Commission Agreement prior to Start of Work.
      • Any Client who has ordered from the Artist is not allowed to redistribute StarPendant’s illustrations and model information.

      The Client ordering Personal commission (Illustration, profile icons), for personal use is not allowed to:

      • Use artwork as goods to sell commercially.
      • Reproducing the artwork commercially and/or selling the artwork, publicly or privately (making money out of it, in any way)
      • Removing or altering any watermarks/signatures without the consent and knowledge of the artist.

      The Client ordering Commercial commission:

      • You the Client, will not be receiving the original and editable Live2D file. You will only receive the runtime files used for facial tracking program.
      • The Corporate clients, are able to obtain the editable Live2D file, but require a fee.
      • The Client is not allowed to request for the editable Live2D file in order to make changes or updates to the model, unless they are a corporate client.
      • If the Artist was the one who had illustrated and/or designed the model. You the Client, is not allowed to use the Live2D illustration for merchandise. An additional fee will be charged in order to be granted this specific right.
      • You the Client, agree to not use the completed work produced for anything related to A.I. artwork generators, NFT or cryptocurrency related works and/or activities.

       

      ARTIST

      • The following is within the artist’s rights:
        • Decline any project or client for any reason.
        • For personal use commissions: the Artist will sign and/or watermark the artwork. The Artist will send you a full resolution image (by email or via google drive link), but the Artist signature will remain on both the full resolution and smaller versions of the artwork.
      • The Artist will not reproduce a Copyrighted or Trademarked image or character without expressed written permission of its Copyright or Trademark owner, and as it pertains to the Copyright Laws.
        • The artist might do fanart for personal commissions, if the artist is comfortable doing so. They will comply to this rule for commercial commissions.
      • We will always give proper credit to the Client and any third parties involved of the character model when displaying it.
      • The Artist retains full copyright for any preliminary designs and incidental works made in the creation of the commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.):
        • Disallowing the Artist from streaming or posting anything about the commission will incur a fee. The incurred fee makes up for lost marketing and inquiries (Refer to Additional fee).
      • If the Client has paid for the project under the Non-Discloser Agreement, the Artist will comply to the NDA, private/confidential agreement and post commissions in Profile displays until the agreed date of posting is reached.
      • If the Artist has illustrated and rigged the model, they have the rights to resale. This is applicable in the event that the Client:
        • Does not desire to use the model any time during and right after the commission process and 1 month after delivery.
        • The Client has filed a chargeback.
        • The Client decided to not continue with the commission in the middle of the process.
        • The Artist also has the right to modify the model in order to make it fit for reselling.
      • The Artist may modify the model in any way when providing model updates for the Client. These updates may include changes in textures, clothing changes, facial feature updates, and hair changes.
      • The Artist is allowed to reuse textures which are common to all models:
        • Background effects.
        • Glasses.
        • Accessories.
      • The Artist is NOT allowed to reuse textures drawn by another artist.
      • The Artist is NOT allowed to modify and resell an already completed model commission if the Client has given approval after delivery.

      LIMITATION OF LIABILITY

      Loss or damage

      You agree and accept that StarPendant is not legally responsible for any loss or damage suffered or incurred related to use of any of my services, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered by myself. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials I produce, amends or designs is entirely at your own risk, for which I shall not be liable.

      You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude liability of StarPendant for any such inaccuracies or errors to the fullest extent permitted by law.

      I affirm that all designs presented to you will be original and to the best of my knowledge will not infringe/plagiarise any other work. I will perform limited checks to ensure that my work has not unintentionally infringed on another’s design, including limited checks against the WIPO database and reverse image checks across search engines. However, I assume no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of my work. You agree to perform your own checks and due diligence regarding plagiarism and originality. Should you have any concerns, please discuss this item with me prior to commencing work.

      MODIFICATION

       These Terms and Conditions are subject to revision without notice.

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