Terms of Service - Commissions
Here are some examples of the terms that I generally include in a contract when performing a commission. Some terms may or may not be included depending on the context of the commission and the contents of the contract is open for modification as both I and the commissioning person or party sees fit.
General Terms
- By initiating a commission with me, you warrant that you are at least 18 years of age. If you are between ages 13-18, you must have obtained prior consent from your parent or legal guardian in order to enter the contract I provide. If you are younger than 13 years of age, you are not permitted to access my commission services.
- Prior to starting the commission, I will communicate with the client discussing various aspects of how the commission will be handled. I will develop a detailed commission contract that defines the terms that apply to the commission and completed work, which the client is expected to digitally sign. This document will outline the details of the commission, for example:
- A general overview of what the commission entails.
- A detailed description of each task the work entails, clarifying the intent and process I follow in completing that task, as well as the value that task holds.
- A section outlining the specific usage rights that the client inherits concerning the content I produce.
- The complete terms that my commission process follows.
- At the end of each of my work sessions, I will provide a detailed update of what I have completed, providing an overview of how the commission has progressed in that time. The client is encouraged to share any ideas, concerns or alterations during this process and is welcome to ask any questions.
- I am happy to fulfill revisions to the work I present to the client to satisfy their tastes and preferences. Minor revisions will generally come at no added cost, however major revisions that constitute a significant change in the quantity or complexity of the work may come with added costs. I reserve the right to define the scale of a revision on a case by case basis.
- The speed in which I complete commissions can vary and is dependant on the quantity and complexity of work as well as my real life circumstances. I strive to complete my commissions in an acceptable timeframe and to be a transparent commissioner, under the circumstance that I cannot honour this properly, I will adequately notify clients if my work is taking longer than expected, has to be delayed, or I am unable to complete the work to what I consider an acceptable standard. I may cease the commission and refund any applicable payments under my own discretion (please see the terms under the Payment section as to quantify the money that is applicable for a refund).
- I perform commissions to single parties and commercial organisations. My content is exclusively licensed to the person or entity that I converse with during the commission process unless stated otherwise. As defined in my Rights and Ownership section, you may not request or attempt to distribute my content in ways I forbid, including but not limited to: price-spliting my services between a group of people; trading my content with another person; leaking my content on piracy distribution networks; or ripping my content from any third-party software it resides in.
- After finalising the commission process, I will retain the files for at least 2 months, after which they may be removed from my possession to preserve storage space on my private devices. I am not responsible for any content you lose at any time, however I may provide additional file transfers on request if I still possess the files.
Payment
- In compensation for receiving a license to a digital good, you agree to make a payment equal to the fee stated in the commission contract.
- The client may pay for sections incrementally, or pre-pay the work in full. I will complete any sections that are paid in full and halt my work when I reach any unpaid sections. Warning: paying incrementally may incur additional fees from transaction companies and may make the commission more expensive than paying once in full.
- Under no circumstance will refunds be offered or granted on any goods that have been transferred to the client. As I provide digital goods which can be easily duplicated and shared, I cannot verify the final product is fully destroyed and out of the clients possession before returning the clients payment(s).
- The client may request for the commission process to be ended prematurely at any time. After adequate communication, any incomplete products may be transferred to the client, and any work that has been paid for but not completed may be refunded. Any completed work is non-refundable.
- As I am a British citizen, my transactions will be defined in GBP or pounds. I expect full the quantity of money I quote and the client is expected to cover any foreign exchange costs or transfer fees in the payment process. I will provide approximate estimations of the cost in the clients local currency, however this may deviate slightly from the true final amount. I may notify the client nearing the end of the process if the payment received has not satisfied what I expect and request additional transfers to cover the missing payment.
- Credit charge-backs and fraudulent claims are forbidden, anyone who makes use of these services after purchasing from me will be banned permanently. I document all of my commissions in great detail, I will dispute all fraudulent claims relentlessly and will settle at nothing to prevent these cases. There are absolutely no excuses in relation to claiming a charge-back or fraud claim, for example, I am not responsible for your conduct whilst intoxicated by substances.
Rights and Ownership
Below are a number of usage rights plans that serve as an example of what rights I may provide. The final terms and usage of the content I am commissioned to create is subject to the Rights and Ownership terms in the contract I create prior to working on the content. These terms may be negotiated during the communication process and can include a mix of terms from different examples.
General Usage Rights
All licenses follow these base terms:
- I retain the Right to Creator Retention; I may use the content in portfolios, personal marketing or other public manners.
- I retain the Right of Attribution; you must credit my content where applicable and provide adequate signposting to my storefront if requested, including my discord tag and a link to my storefront. You must not claim my content as your own.
- I retain the Right of Integrity; I may object to derogatory treatment of my content.
- I retain the Right to Withdraw; I may relinquish association with the content and request that it is withdrawn from public use.
- I retain the copyright to the content and the content is licensed to you. I reserve the right to rescind this license under my discretion.
Unique Consumer Rights
You are granted an exclusive license to limited usage rights in relation to personal use; you may not use the content in a commercial manner.
- You are granted the Right to Modification; you may modify the content, however it must remain recognisable as the original. You must not extract, reuse, or incorporate any part of the completed work into new or separate projects without my expressed permission, including but not limited to asset-farming/mining.
- You are not granted the Right to Redistribute; you must not redistribute the content without my permission.
Generic Consumer Rights
You are granted a non-exclusive license to limited usage rights in relation to personal use; you may not use the content in a commercial manner. This differs from the Unique Consumer Rights terms by granting me permission to sell the content on my store, at a reduced price for the client’s benefit. These terms may be applicable to specific types of commission.
- You are granted the Right to Modification; you may modify the content, however it must remain recognisable as the original. You must not extract, reuse, or incorporate any part of the completed work into new or separate projects without my expressed permission, including but not limited to asset-farming/mining.
- You are not granted the Right to Redistribute; you must not redistribute the content without my permission.
Commercial Rights
You are granted an exclusive license to limited usage rights in relation to commercial use; you may use the content in a commercial manner.
- You are granted the Right to Modification; you may modify the content, however it must remain whole and recognisable as the original. You and any parties my content is redistributed to must not extract, reuse, or incorporate any part of the completed work into new or separate projects without my expressed permission, including but not limited to asset-farming/mining.
- You may be granted a limited Right to Redistribute depending on the purpose of the content defined in our interactions prior to the commission; for example, you may be granted this right if you wish to sell the product as a component of another finished work, you may not be granted this right if you wish to use the product as a part of a public-facing internet personality. This is not an exhaustive list and may not apply to all cases.
Situational Terms
Below are some case specific terms that apply in certain situations. A project may contain a mixture of these terms depending on the type of work the client requests.
VRChat - Avatar Edit
You may commission me to edit a pre-existing avatar for you, under such cases the following apply:
- You must contact the original creator requesting permission for me to use their content.
- I provide a guarantee for external creators that defines how I will handle their content.
- In the case that creators expect me to own a license to the content before I can work on it, you will be expected to provide a license to the content before I can initiate the commission.
- Any custom or edited, third-party accessories may not be extracted, reused or incorporated into a new or separate project without my expressed permission.
VRChat - Accessories
You may commission me to create a number of accessories for you, under such cases the following apply:
VRChat - Avatar Dynamics System
You may commission me to create an Avatar Dynamics system for you, under such cases the following apply:
- I push myself to have my systems as flawless as I can before pushing them to end users, however with the nature of user generated content, there may be some edge cases in which my systems could fail. As such, each system comes with one month of User Acceptance Testing (UAT) which initiates when you receive the first iteration of the final product. During this period, any bugs or faulty behaviour will be fixed free of charge. After this period has ended, I am not obligated to provide any support, however I may still fulfill requests as a customer service gesture.
- I design my systems with animations using Write Defaults disabled, I am not liable for any avatars you may not be able to apply my content to due to them using Write Defaults. I refuse to design for content using Write Defaults in general cases (i.e. for toggle animations, Write Defaults in direct blend trees or additive blending layers are necessary). It is your responsibility to check the Write Defaults status of your avatars prior to commissioning me, which is possible with Avatar Manager 3.0. If you are unsure of how your avatar is set up, I am happy to assist prior to any payment.
VRChat - Complete Avatar
You may commission me to create a complete avatar for you, under such cases the following apply:
- Any custom or edited, third-party accessories may not be extracted, reused or incorporated into a new or separate project without my expressed permission.