Kirena-kaya

This Terms of Service Agreement ("Agreement") is entered into by and between Kirena-kaya’s Art (“Artist”) and the Client (“Commissioner”) for the commission of a service ("Work"). By commissioning the Artist, the Commissioner agrees to the following terms:

General

- By taking Work from the Artist, the commissioner accepts the following Agreement provided.

- The Artist reserves the right to decline any subject matter that they are not comfortable working with.

- Once payment has been completed and Work has begun, the Commissioner acknowledges the Work is entirely digital, and no physical product will be shipped.

- The Artist doesn't allow altering or modifying the Work in any way without the Artist's consent, including training artificial intelligence (AI), other generative programs, NFTs, or other for-profit platforms.

Workflow

- The Artist will start working once they have received full payment, even in the cases where payment plans have been established.

- Alternate or separate versions of the Work are possible provided they're discussed beforehand.

- The type of Work can't be changed after starting.

Revisions and feedback

- Revisions may extend the Work delivery time.

- The Artist will show every step of process, from the original sketch to the finished product.

- Changes and fixes before the approval stage are free. The Artist may add an additional fee if the Commissioner wants something changed after a stage was already approved.

- Fixes are free if the change is fairly small, if the Artist did not follow clear instructions, or if the Artist missed details the Commissioner previously provided.

Deadlines and delivery

- Once the piece is finished the Commissioner will receive the full-resolution image along with a web-friendly size.

- The deadline doesn't include the waiting list's timeframe, the turn-around-time for each tier of Work is set in the commission type info, starting from when the Artist begins the Work.

Payment and refunds

- Paypal invoices will be sent to the Commissioner when the Artist is ready to begin Work.

- Commissioner may not send the Artist any payment before a final agreement about price has been decided.

- Private commissions, those for commercial use, or for the transfer of ownership, will incur a 200% upcharge from the original price, and must be discussed beforehand.

- If for any reason Artist is unable to start the Work, the Commissioner will receive a full refund.

- A refund may also be requested before the Work has begun.

Rights and use:

The Artist:

- Reserves the right to cancel and refund the order at any time for any reason.

- Retains all copyrights over the Work. (Unless a Transfer of Ownership has been agreed upon.)

- Reserves the right to publish the Work online, and in their portfolio, unless it was previously discussed as a private Work.

- Won’t sell or profit from art featuring Work without the Commissioner's approval.

- May post work-in-progress or sketches on paid feeds (such as ko-fi) as example of workflow, unless the Commissioner specifically asks not to.

- Will not claim the intellectual property of the Work (Custom and original characters are still the Commissioner's intellectual property.)

The Commissioner:

- May post the commissioned artwork as long as proper credit is given.

- May NOT edit, modify, resell or redistribute the commissioned Work or claim it as the Commissioner's own.

- May NOT edit or remove the Artist’s signature from the commissioned Work.

- Retains the rights to the intellectual property, but may not claim they produced the Work themselves.

Commercial Rights

- Commercial rights includes usage of the Work on streams, any monetized instances, selling or reselling Work to another party, or as a part of any product.

Communication

- Communication channels may include Discord, Telegram, Furaffinity private messages. Artist typically answer within a day.

Any matters that have not been mentioned in this Agreement or any doubts in interpretation that may arise from this Agreement and its contents shall be consulted and discussed mutually between both parties in good faith for resolution.