Before starting a project, I need to make sure that we are on the same page to prevent any unnecessary misunderstandings in the future, so please take some time to read through these terms! Thank you and feel free to reach out if you have any questions ❤︎
Note: This is the global English version of my site. If you wish to view the price list and samples in Vietnamese, please visit this site instead: (Vie) Terms of Service (TOS)
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:
A. 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 authorised 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.
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 unauthorised 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 or Twitter, VGen platform, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.
B. CONTENT RESTRICTIONS
The Artist can create fan arts, original characters, NSFW/R18, light gore, and will not create content that is offensive, or inappropriate.
Specific restrictions include but are not limited to: heavily referencing, copied styles, heavy gore, disturbing content, and gender identities or cultures the Artist may not be able to portray authentically.
C. TIMELINE AND PROCESS
Work completion requires at least 3 weeks and may take up to 4 months depending on each project.
The timeline depends on commission type, complexity, and workload.
Artist provides progress updates and seeks Client feedback voluntarily.
Final deliverables are provided by the Artist using Google Drive or similar file transfer tools.
If there are any delays and adjustments to the timeline, the Artist will inform the Client beforehand.
Clients must first agree to delays and amendments to the timeline exceeding 3 months through standard communication channels.
Clients have the right to request full refunds 3 months after deadlines if Work has not been delivered and there was no agreed-upon amendment to the timeline.
D. REVISIONS
3-5 changes are allowed after mutual agreement on the rough sketch and colored draft.
Only minor changes (<5%) are accepted after work completion.
Additional charges for excessive revisions may be required.
Extensive revisions may affect progress and timeline.
E. 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 Discord, Facebook, Instagram, Twitter, Trello, or others according to Artist's discretion.
Artist response time may vary, up to one week in order to provide better or more concrete updates.
F. RIGHTS & USAGE
Artist Rights
The Artist retains copyright, ownership, redistribution and intellectual property rights, which include but are not limited to display, advertising, printing, the Work and Work in progress on websites, social media, portfolios, public broadcast channels and more.
Client Rights
Clients receive exclusive, non-transferable usage rights to the Work for personal use. 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 can edit or modify the Work with 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. vtuber models, stream overlays, emotes, and so forth) or as agreed upon.
Commercial rights mean usage of Work on streams, videos and other monetized/promotional content, or selling or reselling Work to another party, as a part of any product, or on another platform.
In the case of design work for the 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. (Please clarify in further detail for each type of work if necessary)
In case of promotional collaboration, Client will receive a non-exclusive license to use, publish, transmit, display and distribute any of the artworks that are related to the collab in any and all media or distribution methods now known or later developed for promotional purposes only, with full credit given to the artist. Any additional usage beyond promotional purposes will incur an extra fee, subject to further discussion and agreement.
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.
G. PAYMENTS & FEES
Full payment is required after mutual agreement on the sketch. Client can pay a 50% downpayment for higher-value projects.
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 72 hours, or the project may be cancelled.
Prices are in USD, and paid via Paypal (+5% transaction fee), or TransferWise.
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 warrants they will not issue chargebacks and the refund policy mentioned below will be followed.
H. CANCELLATION & REFUNDS
Client may request to cancel the commission only if the Work has not yet been started, provided that the Client informs the Artist at least 2 weeks before their scheduled work slot.
If the Client cancels close to their scheduled slot (less than 2 weeks) or fails to respond/ghosts the Artist when contacted to begin the work, the Client will be refused future commissions (blacklisted) and may be publicly warned.
No refunds will be issued once the work has begun, unless initiated by the Artist or if the Artist violates the stated terms.
In the event that the Artist is unable to complete the Work due to unforeseen circumstances, personal reasons, incidents, or delays exceeding the agreed timeline, the Client may request a full refund (100%). However, if the Client chooses to keep and use any completed work-in-progress, the refund will be adjusted as follows:
Rough Sketch: 70–80% refund of the total commission value
Clean Sketch / Lineart: 50–60% refund
Color Draft / Base Color: 30–40% refund
Near completion (render ~70–90%): 10–20% refund
The use of any part of the Work (including posting, editing, or using it as a final product) constitutes acceptance of the corresponding refund rate. After a refund is issued, the Client may not use the Work for commercial purposes unless full payment has been made or otherwise agreed upon.
I. CONFIDENTIALITY
The Artist and Client acknowledge 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.
K. INDEMNIFICATION
Client agrees to indemnify and hold the Artist harmless against any claims, losses, damages, liabilities, or expenses (including legal fees, if any) arising from:
The Client’s use of the Work in violation of the agreed terms;
The Client’s breach of any part of this Agreement;
Any third-party claims or disputes related to content, assets, or materials provided by the Client (including but not limited to copyright, intellectual property, or usage rights issues).
The Artist shall not be held liable for any issues arising from the Client’s use of the Work after delivery.
In the event that the Client’s rights are affected or the Artwork is not delivered as agreed, the Artist will prioritize communication and provide a reasonable resolution (such as revisions, adjustments, or refunds depending on the case) before taking further action.
L. 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.
