Nowayhunn's Terms of Service

Before starting a project, we need to make sure we're on the same page. To make sure that there aren't any misunderstandings and to protect against fraud, please take some time and read through these terms! Thank you.

This Terms of Service Agreement ("Agreement") is entered into between the Artist and the Client for the commission of an artwork ("Work"). By commissioning the Artist, the Client agrees to the following terms:

ENGAGEMENT• Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
• Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the Work.
• Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorized for use by the Client.
• Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.
• Client must have a design ready beforehand, otherwise a $10-20 design fee will be included.
• Client will only be allowed minor changes to art made afterwards; any additional changes will require additional charges.
• Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to Artist’s best knowledge.
• Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
• Artist warrants that they will not copy or heavily reference unauthorized materials.
• Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
• Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretion which may include private message through Discord, Bluesky, or Instagram, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.

CONTENT RESTRICTIONS• Artist will not create content that is explicit, offensive, or inappropriate.
• Specific restrictions include but are not limited to horror themed designs, mechs, explicit adult content of a minor, excessive muscles, heavy gore, copied styles (without original artist's permission).

TIMELINE AND PROCESS• Work completion requires 2 weeks minimum, and may take up to several months depending on each project.
• Timeline depends on commission type, complexity, and workload.
• Artist provides progress updates AFTER the sketch has been approved AND at least HALF of the total has been paid by the Client.
• Final deliverables are provided by the Artist using procreate, in via dms or gmail.
• If there are any delays and adjustments to timeline, the Artist will inform the Client.
• Clients cannot request a refund after original sketch has been approved. After this point, you will have to wait for your commission to be finished. I work full-time, so if you need more updates, do not be afraid to ask!

REVISIONS• You will be given the chance to ask for adjustments after the sketch is done, and once again after the flat colors are placed.
• Additional charges for excessive revisions may be required.
• Revisions may affect progress and timeline.

COMMUNICATION• Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
• Communication channels may include Bluesky DMS, discord DMS, or email; whichever is client preferred.
• Artist response time may vary depending on when messaged and if the artist is busy with another client / streaming on twitch, YouTube, or TikTok.

RIGHTS AND USAGE
Artist Right• The Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch) and more.Client Right• Clients receive exclusive, non-transferable usage rights to the Work for personal use ONLY. Refer to Section 6.c. for commercial rights.
• Personal use means: display on social media accounts for promotional purposes with no direct monetization, such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.
• Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.
• Client must not edit or modify Work in any way without prior permission from the Artist.Commercial Rights• Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites (i.e. PNG models, stream overlays, emotes, and so forth) or as agreed upon.
• Commercial rights, for this Artist's purposes, means using the received artwork to produce merchandise, whether physical or digital.
• Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly PROHIBITED.
• Additional charges will be required for commercial usage if not included, price will vary.

PAYMENT AND FEES• Client must pay a $50 down payment, which is non-refundable, before sketch is started.
• Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work. Clients must not send money before these requests for payment from the Artist.
• Invoices must be paid within one week or the project may be cancelled.
• Prices may vary or change depending on complexity, requirements and/or additional requests.
• Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.
• Please use the code honey5 for 5% off the base price of your first order to prove you've read this!
• Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed.
• Payment must be complete 100% UPFRONT before commission will be completed.
• Payment plans are always optional and welcome if needed.
• You will not receive clean images until final payment is made.
• Commission will not be advanced past the sketch phase until 50% of price is paid off.

CANCELLATION AND REFUNDS• No refunds are possible after work begins unless initiated by the Artist and except for circumstances due to the Artist, such as family emergency, computer breakdown, etc. spanning over 1 month.
• If Artist cannot complete work or there are delays for unforeseen reasons, the Client may be eligible for a partial refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund according to the amount of work complete.

CONFIDENTIALITY• The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.

INDEMNIFICATION• Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.
• If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first.

ACCEPTANCE• Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
• Agreement date is upon first inquiry/communication or first transaction.

Note: Businesses, groups and other organizations should contact the Artist to discuss arrangements in more detail.