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Bornato's/StuckInVR's
Commissions TOS

Terms of Service

Some things are subject to change.

If you do not agree with any of the terms, inform me before accepting them.

Last update: 14th of March, 2023

1. General Guidelines

 

    By commissioning me, you have read and agreed to my Terms of Service. Communications are made through Discord, unless if agreed to be done using a different communication platform, such as Twitter. Please fully explain to me what you want for your commission. I reserve the right to decline commissions, for any reason.

    1.1  I reserve my right, in case of the client forcing me or making me uncomfortable, to deny requests, or even cancel the commission and issue a refund. Depending on the amount of work done I will not issue a refund, but you'll receive the semi-finished piece, considering clause 3.1 is met.

    1.2  If there is anything more you'd like on your commission that was not yet agreed on, it might cost extra.

    1.3  As I work on your commission, I will most likely ask you about how you want some aspects. That is to make sure I am doing it the way you want it. If I do not get a response, I will do it the way I believe will best suit it.

    1.4  Not liking the work I did on your avatar is acceptable, but is not an excuse to act in bad faith nor does it give you the right for a refund. Within reason we may discuss refunds, but this is only for extreme cases.

2. Payment

    I currently accept money via Ko-Fi (using PayPal or Stripe), or through direct PayPal if requested. My commission prices will always be in USD.

    2.1  Between 30% to 50% (depending for each commission) of the price of the commission must be paid before I start working on it, unless if I (the artist) specifically state otherwise. Work will only begin once this condition is met. The rest of the payment, along with any extra, must be paid once the avatar is about 80% done (you may also pay in full before-hand in which case the model will be delivered as soon as possible). Finished commissions are only delivered once fully paid.

    2.2  Once it's 80% done, I will ask for the rest of the payment. Refusing to pay (for up to 72 hours) means you forfeit your right for the ownership of the commission and my work done on it, will not grant you the current state of the commission and will get you blacklisted. I reserve my right to protect my work from scammers.

    2.3  Changes must be told as soon as possible. If it will require me to redo work due to it, it might have additional cost, depending on the amount of work needed.

    2.4  Tipping is allowed, but is not a requirement.

3. Refunds & Deadline

    If the commissioner requests for a refund before the work is started, up to 90% of the money paid to me will be refunded, depending on how much time has been spent on preparations. If it's requested and it is already being worked on, it will depend on how much work has been done (and can be rejected if too much has been worked on already).

    3.1  If the commissioner chooses to cancel the commission and wants the current state of the commission, it might cost an extra for that, depending on the work done and the time to set that up.

    3.2  Commissions might take up to 4 weeks to be done, which will be informed through the platform we are using to communicate for the commission.

    3.3  If the work needs to be rushed to meet a tighter deadline, it might be eligible for a rush fee.

4. Usage

    You cannot claim my work as your own, and you must credit me. You must declare if it's edited. You may claim additional, or amend, rights to your request. You may use your commission for commercial-use to an extent[4.2] but cannot infringe on intellectual property. Commissions are done in good faith that you have the legal permission.

    4.1  If you are a company, my rates will be different, and you must let me know beforehand.

    4.2 I reserve the following rights to my work, unless if the client specifically requests otherwise:

            -  To use for promotion, for advertisement purposes

            -  To use as example.

            -  To display on social media the work done on the model

        The commissioner reserves the right to, considering all the rules are met:

            -  Use the character itself for creative purposes.*

            -  Reuse my work on creative personal and commercial projects.*

            -  Request for me to keep the work and the commission private**

*: You may not directly sell my piece for your own gain unless specifically I'm told at the start that you plan to do so. This is not meant discourage creative uses of my work, nor building upon such pieces, but only that the direct re-selling of said creation isn't allowed.

 

**: Request for it to be kept private before I start working on the avatar so I know not to stream myself working or display Work-In-Progresses. If you do not request this as soon as possible your piece might be shared with others before then.

Violations of the terms can result in termination of the current project, and may not yield a refund depending of the violation. Further breaches of these terms beyond its production may result in blacklisting, and legal consequences in extreme cases.

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