^{This Terms of Service Agreement ("Agreement") is entered into between Tabi Creatives, 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 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.
Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original.
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.
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 but is not limited to, private message through Discord, Google document, 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 deemed explicit, offensive, or inappropriate.TIMELINE AND PROCESS
Work completion requires 2 weeks minimum, and may take up to 5 months depending on each project.
Timeline depends on commission type, complexity, and workload.The Artist will provide consistent progress updates throughout the project.
Client feedback, when applicable, is encouraged, but voluntary. If the Client does not provide feedback within the agreed timeframe, the Artist will proceed at their discretion.
The Artist is not responsible for any dissatisfaction resulting from missed feedback opportunities.Final deliverables are provided by the Artist using email, Google Drive or similar file transfer tools, in PSD, PNG, SVG, AI (illustrator), etc.
Any files hosted by the Artist will be available for the Client to download for 2 weeks.
If there are any delays and adjustments to the timeline, the Artist will inform the Client.
Clients must first agree to delays and amendments to timeline exceeding 3 months through standard communication channels.
Clients have the right to request refunds 3 months post agreed deadline if Work has not been delivered and there was no confirmed amendment to the timeline.REVISIONS
One revision is allowed per item shown to the Client during the process.
After that one revision, only minor revisions are allowed.
Additional charges for excessive revisions may be required.
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 may include Discord, Email or others according to Artist discretion.
Artist response time may vary, please allow up to one business 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
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 public broadcast channels (Twitch, Youtube, etc.)
The Artist may use rejected work in progress, and unused versions and ideas 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.Client Rights
Clients by default receive non-transferable usage rights to the Work for personal use.
Personal use includes but is not limited to the following: use as display on social media for promotional purposes with no direct monetization. This includes profile pictures, banners, and posts. Print and framing in personal spaces.
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.
Commercial Rights
You will receive a Standard Commercial License (see below), If you would like commercial rights for merchandise, etc. The price will be adjusted accordingly.LICENSING
Standard Commercial License:
This encompasses use in which you will indirectly make a profit. Examples include promotional videos, music videos, streaming assets, and streaming activities’ promotion. Usage in personal website is included here.
Extended Commercial License:
This encompasses use in which you will directly make a profit. Examples include merchandising, redistribution or reselling the commissioned product e.g. members-only perks, and advertising that is not directly related to streaming activities such as merchandise announcements. Usage on website that provides business (e.g merch selling) and service is considered as Extended Commercial License.
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.PAYMENTS & FEES
Client pays in full up to $150 value. In the case of projects above $150, an option to discuss a payment plan will be available. If a payment plan is needed, please include it in the request if applicable.
Invoices, proposals or payment links will be sent to the Client when the Artist is ready to begin work. Clients must not send money until requested
Invoices must be paid within 72 hours, or the project may be cancelled.
Prices are paid via PayPal invoice.
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 and the refund policy mentioned below will be followed.CANCELLATION & REFUNDS
If the Client Cancels Before Work Starts
If the Client cancels with more than 3 days before work begins, they may receive a full or partial refund, depending on the circumstances.
If the Client cancels within 3 days of the scheduled start date, up to 50% of the project fee may be kept by the Artist.
(This covers reserved time and preparation.)If the Client Cancels After Work Has Started
Once work has begun, refunds are not available. The only exception is if the cancellation is due to an issue caused by the Artist.If the Artist Cannot Complete the Project
If the Artist is unable to finish the project or there are significant delays due to unforeseen circumstances, the Client may be eligible for a full refund. However, if the Client chooses to keep and use the work that has already been completed, the Artist will issue a partial refund based on how much of the project was finished.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
The Client agrees to take responsibility for how the Work is used. This includes any claims, damages, or expenses that result from the Client’s use of the Work, violation of this Agreement, or claims made by third parties related to the Client’s actions.If the Work is not delivered as agreed, or if the Client believes their rights under this Agreement have been violated, the Artist will make reasonable efforts to address and resolve the matter in good faith.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, agencies, groups and other organizations should directly contact Tabi Creatives to discuss arrangements in more detail.^{Tabi Creatives and the Artist reserve the right to modify or update these Terms of Service at any time. Clients will be notified of changes through reasonable means, which may include discord server announcements, email notification, or posting an updated version on the website. Continued use of the asset(s) or services following such notice constitutes acceptance of the revised Terms.
If a client does not agree to the updated Terms, they must immediately discontinue use of the asset(s). Failure to comply with the updated Terms, or any breach of these Terms at any time, may result in revocation of usage rights, termination of any granted licenses, and, where applicable, transfer or reversion of rights in the asset(s) back to us without further obligation.}

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