These rules are important to make sure we are on the same page and to avoid misunderstandings and frauds for both parties.This Agreement is entered into between the Commissioner (hereinafter "Client") and KASOKKI (hereinafter "Artist") for the creation of an illustration (hereinafter "Artwork"). By hiring the Artist, the Client agrees to the following terms:
0 1 . G E N E R A L T E R M S
1.1. The Artist has the right to update these Terms at any given moment.1.2. The Client agrees that they are 18 years old or older and legally able to commit to an agreement.1.3.The agreement date is established either upon initial inquiry or communication, or with the commencement of the first transaction. Alternatively, a digital signature program can be employed for a more legally binding and enforceable agreement if preferred by the Artist.1.4. By default Commercial rights are not included unless specified in the commission type description (Emotes, Badges, PNGtuber models etc) or if the Client requested them beforehand.1.5. Prices are subject to change based on the complexity of the requested artwork.1.6. The Client agrees to provide all complete requirements upfront, such as high-quality reference images, detailed descriptions and payment needed before the Artwork begins (learn more here: Guide).1.7. The Client provides the Artist with non-exclusive rights to study and reproduce the Client's character design, reference images, and other intellectual property for the purpose of creating the Artwork.1.8. The Client assures that the character design, reference images, and other intellectual property supplied to the Artist are legally acquired and authorized for utilization by the Client.1.9. The Artist reserves the right to reject any order if the contents / subject are beyond the Artist's capabilities or for other reasons.
1.10.C O N T E N T R E S T R I C T I O N S
a. The Artist AGREES to create content that includes Original Characters or Real People of any age, gender, body type and species, LGBTQIAP+ thematics, Complex Armour or Weaponry, Pets, Body Horror or Dark fantasy.b. The Artist MAY agree to create content that includes Machines, Complex Creatures, Cute art, Celebrities, Pinups or Religious imagery.c. The Artist will NOT create content that is explicit or offensive.d.Specific restrictions include but are not limited to Hateful thematics, Politicians, inappropriate depictions of underage or infantilized characters, Art Styles from other artists, artworks for NFT.
0 2 . P A Y M E N T
2.1. The currencies accepted are USD and BRL and the available payment methods are Paypal invoice (USD), Ko-Fi donation (USD), Picpay (BRL), Pix (BRL) , Boleto (BRL) or Bank Transfer (BRL and USD). PayPal fees will be included in the final price if that's the chosen payment method.2.2.Payment is upfront. Payment plans are only available for $100+ commissions (50% upfront / 50% after the sketch approval). After discussing the commission details, the payment request will be sent to the Client.2.3.The Client must not send the money before the Artist requests it.2.4. If the Client is unable to make the payment soon after the confirmation, the commission will remain on hold until the full payment is received.2.5. If the Client is unable to send the second half of the payment soon after the sketch approval, the commission will remain on hold until the second half of the payment is received.2.6. Once the late payment is done the commission will become active again and it will be moved to the end of the Queue list.2.7. The full or partial initial payment must be done within 72 hours or else the order will be cancelled.
0 3 . P R O C E S S
3.1. A minimum of 1 week is required for the Artwork to be concluded and may take up to 1-2 months depending on factors such as the Artist's health, the complexity of the commissioned piece or other work. The Client will receive a Trello link to keep track of the artwork's progress.3.2. The Client will be provided an initial sketch / initial sketches for approval. After this phase the Artist will deliver updates regularly.3.3. Once the final product is finished it will be delivered via email or Google Drive link in PNG, PSD, JPEG or other formats as applicable. All files will be sent to the payment email unless another email address is specified.3.4. If there are any delays, the Artist will inform the Client.3.5. The Client acknowledges that the Artwork and its files are digital products only and that there won't be any physical goods to be shipped.
0 4 . R E V I S I O N S
4.1.3 rounds of revisions are allowed during the sketch phase (thumbnail sketch / refined sketch) without extra charges.4.2. The allowed revisions do NOT include the addition of details the Client did not mention beforehand in their initial statement of work.4.3. After the sketch phase all the additional revisions will add to the final price of the Artwork unless a misunderstanding from the Artist's side has been made. Only minor revisions will be allowed during this phase.4.4. Requesting changes on details that have been previously approved will also add to the final price of the Artwork.4.5. Revisions may affect progress and final delivery date.
0 5 . C O P Y R I G H T A N D U S A G E
5.1. K A S O K K I (the Artist):a. Retains all copyrights, ownership, redistribution and intellectual property rights over the Artwork, its initial stages, rejected sketches, WIPs and versions as there will be NO transfer of copyrights to the Client.b. Reserves the right to post the Artwork online, on portfolios as well as in publications such as art books (unless agreed otherwise).
5.2. THE CLIENT:a. Receives non-transferable usage rights to the Artwork for personal use.b. Retains all copyrights, ownership, redistribution, and intellectual property rights over their already existing original character design.c. MAY upload the commissioned artwork online on social media, websites and/or platforms with no direct monetization; prints for personal use only.d. May NOT alter the commissioned artwork after final delivery unless previously authorized by the Artist.e. May NOT use the Artwork for commercial purposes without the purchase of Commercial rights.f. Must NOT claim Artwork as their own and MUST credit the Artist at least once on each platform, website or other when the Artwork is used.g. Must NOT use the Artwork to make false representations of the Artist.h. Must NOT use the Artwork to represent a company, brand or image not previously specified in the initial Statement of Work.
5.3. COMMERCIAL RIGHTS:a.The purchase of Commercial rights do not exclude subsection 5.2. paragraphs d, f, g, h.a. Commercial rights may differ for each commission type. Commercial media rights means usage of Work on streams, videos, advertisements and other content, or any similar monetized instances; Commercial distribution rights is the right granted by the Artist to the Client, granting them non-exclusive rights to sell or resell the Artwork to another party as part of any product or merchandising, or on another platform.b. In case of the creation of an original character design for the Client, intellectual property rights of the designs and their likeness are exclusively granted to the Client for use, production and modification purposes, commercial or personal.
5.4. THE FOLLOWING IS CONSIDERED COPYRIGHT INFRINGEMENT:a. Reproducing/using the copyrighted artwork commercially - means making money off it in any way not excluded from these terms without purchasing the Commercial Rights.b. Claiming the Artwork as their (the Client's) own.c. Altering the artwork without the Artist's consent and/or removing the watermark.d. Using the Artworks for AI training or in any NFT or NFT-related process / material. Purchasing the Commercial rights do not exclude this paragraph.Using the Copyrighted Artworks in NFTs, Blockchain, Cryptocurrency or minting of any kind will be an immediate blacklist.I DO NOT allow my works to be fed to AI (Artificial Intelligence) as I hold the right to file lawsuits for such actions.
0 6 . C O N F I D E N T I A L I T Y
6.1. The Artist and Client recognize that any data and resources shared between them (such as personal details, technical data, marketing strategies, payment information, or sensitive business data) beyond the scope of project development, intended to remain private, are deemed confidential and must not be shared with any third party without written consent from the owner of said confidential information.
0 7 . I N D E M N I F I C A T I O N
7.1. The Client agrees to compensate the Artist from any claims, losses, damages, or expenses arising from the Client's use of the Artwork, violations of the agreement by the Client, or third-party claims.
0 8 . C A N C E L L A T I O N & R E F U N D
8.1.NO refunds will be done after the invoice is made unless initiated by the Artist under specific circumstances.8.2. If for some reason the Artist cannot finish the Artwork or if deadlines aren't met, the Client may be eligible for a full refund. If by the event of cancellation the work done so far is accepted and used by the Client, the Artist will provide a partial refund calculated according to the amount of work completed.8.3. The Client agrees that they will not issue chargebacks and that the refund policy will be followed.