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.
♦ If the Client requests characters of IPs that do not belong to them, the Client are solely responsible for how the artwork is used. Artist are not responsible for DMCA claims due to the use of copyrighted characters.
♦ 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.
♦ 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 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 is done through AnC platform.
♦ 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 mechs, explicit adult content, excessive muscles, and gore.
TIMELINE AND PROCESS
♦ Work completion requires 10 days minimum, and may take up to 1 months depending on each project.
♦ Timeline depends on commission type, complexity, and workload. Client should plan launches and streams accordingly.
♦ If you need a Rush Order, please mention it when you order and before the payment process is done.
♦ Final deliverables are provided by the Artist using AnC platform.
♦ Artist will post Work status updates, delays, or timeline adjustment on https://kirapika.co/ front page.
REVISIONS
♦ Client is allowed multiple free revision before the sketching stage is finalized (After line art, only minor and color revisions are allowed.)
♦ Additional charges may be required for excessive revisions after the sketch is finalized .
♦ Revisions may affect progress and timeline.
♦ Clients may not edit the work after final delivery unless specified in the commission information, project outlines or otherwise approved by the Artist.
COMMUNICATION
♦ Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
♦ Communication channels are done in AnC platform.
♦ Artist response time may vary, up to one week in order to provide better or more concrete updates.
♦ The Artist and Client agree to discuss relevant matters concerning the project. Both parties have the right to decline other topics of discussion.
RIGHTS & USAGE
o Artist Rights
♦ 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, and more.
♦ The Artist may use rejected work in progress and versions for other projects according to their discretion, under the condition that it does not infringe the Client's intellectual property rights and ownership of their likeness, character design, branding, identity design or any such trademarks.
o Client Rights
♦ Clients receive non-transferable usage rights to the Work for personal use. Refer to next Section for commercial rights.
♦ Personal use means: display on social media accounts for promotional purposes, such as profile pictures, banners, and posts; usage of Work on streams, videos, discord channel or any similar instances; print and framing in personal spaces; display as part of designs on websites and channels.
♦ Client must not claim Work as their own and must credit Artist using their social tag/username/website link https://kirapika.co/ at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.
COMMERCIAL RIGHTS
♦ Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites or as agreed upon.
♦ Commercial rights grants the Client's rights to print or distribute the Work as a part of any product or merchandising purpose.
♦ In the case of original design work for the purpose and definition of the Client's brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively granted to the Client for use, production and modification purposes, commercial or personal.
♦ 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, typically 2x of the original cost.
PAYMENTS & FEES
♦ Client pays in full upfront before any drawing process begins.
♦ Prices are in USD, and paid via AnC platform.
♦ 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.
♦ Client agrees that they will not issue chargebacks or refund.
Thank you for reading!
Last Updated 27/02/2024
Artists&Clients
