Terms of Service
Before commissioning me, make sure to read these terms carefuly.
If you don’t agree with the terms listed below, the commission process may not continue.
1. General
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Requests may be declined when:
• There is not enough information and/or references
• Not suited to my style - I work within my style and skillset, please do not attach references of other designers and ask for the same style/work, it will be refused
2. Payments
• Payments will be invoiced via Stripe or PayPal (Stripe is my preferred method)
• If a request is made through VGen, payments will be processed through VGen with a added 5% fee
• Full payments up-front unless it is a waitlist request
• Waitlist request is half payment up-front (non-refundable) and the next half before marking as WIP
3. Process
• Each commission can take 2-4 weeks from when marked as WIP within a 1-2 month period depending on commission type ordered and my workload (I will confirm time-frame in the proposal)
• Once I have marked your commission as a WIP, I will contact you with an update within a week or two
• Generally I get right into it and send you a mostly completed concept for changes, because of this I require a clear mood-board and any other information so it is in the correct visual direction. Please give input/things you would like added or changed at this point. Major changes will incur extra fees
• If there is no response within 7 days, I will take it as an approval and continue with the commission
• Changes to design can only be made before the animating (if ordered)/final export process. You cannot ask for changes after this point
4. Deliverables
I DO NOT provide source files
• Deliverable formats for files may be in PNG, WEBM or MP4
• After files are delivered, it is your responsibility to keep them safe as I may not keep files forever
5. Refunds
A refund can be issued if:
✔️ The commission cannot be delivered for any reason (100% refund)
✔️ The commission is cancelled BEFORE I start working on it
＊Note that I can only provide refunds based on whether one of the above conditions are met. No refunds will be
6. Copyright/Usage Policy
• You do not own the rights to the stream graphics
• Commercial use for streaming, social media only
• NO commercial use for merchandising etc
• You have the right to use the completed stream graphics for personal use (i.e. streaming sites, social media, etc.)
• You MAY NOT edit, copy, duplicate, redistribute or resell this product to third parties
• You MAY NOT upload my graphics on NFT or AI generating services
• I will not profit further for the commissioned graphics unless the client breaks the terms of service
• Any rejected works in progress and alternate versions may be repurposed for other projects at my discretion, ensuring strict adherence to the understanding that such usage does not impinge upon the client's intellectual property rights. This includes but is not limited to, ownership of their likeness, character design, branding, identity design, or any associated trademarks.
7. Disclaimers
• Please provide credit by using my username/twitter handle (@spookysony) or twitter link
• If you require privacy for your commission/request work to be posted on my social media after a certain date, please specify
• Commissions are selective and not first come first serve
• I reserve the right to use the commissioned graphics as part of my portfolio
• I reserve the right to exhibit the graphics (meaning that I can post all graphics to my social media and use for publicity)
• I reserve the right to refuse service to anyone for any reason at any time
• All projects are handled as digital goods, meaning no physical items will be shipped
• If you wish to include a copyright/trademark protected character in your design, please be aware that I will not be responsible in the case that the graphics is taken down, copyright striked, or for any penalties that come with using a character that is owned as intellectual property
• These terms are subject to change
8. Chargeback
Should the client issue a chargeback:
• Your rights to all commissioned graphics will be retracted
• I will have the right to profit further from all commissioned graphics in any way I see fit
• You will no longer have access to my services indefinitely
If you ever have any issues with your order please contact me so that we can discuss the problem and resolve it privately and respectfully. I will of course try my best to help you and ensure that you are satisfied with your order
Thank you for reading!
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