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Terms & Conditions

This Terms of Service Agreement is entered into between the Artist : Huang Gem and the Client of an artwork. By commissioning the Artist, the Client agrees to the following terms :1. ENGAGEMENT
a) Client provides clear and complete requirements and expectations upfront, including
reference materials or assets before Work begins.
b) Client grants to the Artist non-exclusive rights to observe and replicate Client’s own
character designs and reference material for the use of work.
c) Client warrants that the design and reference material provided to the Artist are legally
obtained and authorised for use by the Client.
d) Client warrants that they have the authority to enter to this agreement, be the point of
contact and is solely responsible for decisions and approval during the process.
e) Artist strives to perform to the best of their ability in good faith and warrants Work is 100%
original according to the Artist’s best knowledge.
f) Artist may use commercially licensed, copyright-free and/or educational materials, assets
and/or tools.
g) Artist warrants that they will not copy or heavily referenced unauthorised materials.
h) Artist reserves the right to refuse projects or requests based on content, subject, or other
reasons.
i) 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 the Client before work begins.2. CONTENT RESTRICTIONS
a) Artist will not crate content that is explicit, offensive or inappropriate.
b) Specific restrictions include but are not limited to explicit adult content, furries, mech, copied styles, underage characters, gender identities or cultures the Artist may not be able
to portray authentically.3. TIMELINE AND PROCESS
a. Work completion requires to 2 weeks minimum, may take up to 2 months depending on
the project and revisions.
b. TImeline depends on commission type, complexity and workload.
c. Client should plan launches and streams accordingly.
d. Artist provides progress updates and seek Client feedback voluntarily, e. Final deliverables are provided by the Artist using the VGen platform, Google Drive or
similar file transfer tools.
f. If there are any delays and adjustments to the timeline, the Artist will inform the Client.
g. Clients must first agree to delays and amendments to timeline exceeding 1-3 months
through standard communication channels. h. Client have the right to request partial refunds 1-3 moths after deadlines if work has not
been delivered and there was no agreed upon amendment to the timeline
i. Full refund shall only be granted if the Artist do not deliver any work.4. REVISIONS
a. Two revision allowed per item shown to the Client during the process of said commission.
b. After the Line-art/Spline Stage, only minor revisions are allowed.
c. Additional charges for excessive revisions maybe required. d. Revisions may affect progress and timeline.5. COMMUNICATION
a. Ongoing communication and discussion will occur throughout the project, including work in
progress, idea generation and collaboration, situational updates, and more.6. RIGHTS & USAGEa) Artist Rights
i. The Artist retains copyright, ownership, redistribution and intellectual property right, which Includes but is not limited to display, advertising, printing, the Work and work
in progress on websites, social media, portfolios, public broadcast channels (I.e. Twitch) and more.
ii. The Artist will only display launched materials or commissions as a medium to show
work samples with approval from Client.b) Client Rights
i. Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section 6.c. for commercial rights.
ii. 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.
iii. Client must not claim Work as their own and must credit Artist using their social
ta/username/link at the instance of display of the Work or Permanently on their
websites, social media profiles, broadcast channels and so on
iv. Client must not edit or modify Work in any way prior permission from the Artist. 'c) Commercial Rights
i. 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.
ii. Commercial rights mean usage of Work on streams, videos and other content or any
monetize instances, or selling or reselling Work to another party, as a part of product, or on another platform,
iii. 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 are
exclusively granted to the Client for use, production and modification purposes, commercial or personal.
iv. 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 platform/.purposes, is strictly prohibited. v. Additional charges will be required for commercial usage if not included, typically 2x
of the original cost..7. PAYMENT & FEES
a) Client pays 50% down payment for the start of the commission.
b) In the case of projects above $150, the final 50% is due at first complete preview of the
final deliverables.
c) 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.
d) Invoices must be paid within 72 hours or the project may be canceled.
e) Prices are in USD, and paid via VGen, Stripe, Paypal, or methods as provided by the Artist.
f) Prices may vary or change depending on complexity, requirements and/or additional
requests.
g) 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,
h) Client warrants they will not issue charge backs and the refund policy mentioned below will
be followed