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Terms of Services.

By commissioning me, you agree to these Terms of Service. Please be sure to read thoroughly - feel free to ask me any questions or to clarify.

General Terms

  1. All work are digital goods and no physical items will be produced or shipped unless specified otherwise in work contract.

  2. Hikaru reserves the right to refuse any work request

  3. Hikaru reserves the right to use any work for self-promotion (e.g: Twitter, Twitch/Discord streams, Youtube videos etc). Full privacy can be negotiated during request process and may incur additional fees. This must be communicated and agreed upon before work starts.

  4. Hikaru reserves the right to cancel any order if there is unacceptable conflict between artist and client.

  5. Upon payment, the client must be reachable by Hikaru and respond in a timely matter for feedback. The order will be canceled if the client does not respond within 2 weeks without prior notice and will no longer be eligible for a refund.

  6. Quoted prices are final and non-negotiable. Attempting to negotiate pricing may result in rejection of the order.

  7. Under no circumstances are any work produced by Hikaru to be used in block-chain related technology, such as (but not limited to) NFTs and cryptocurrency.

  8. Under no circumstances are any work produced by Hikaru to be used in AI/ML model training.

Copyright and Usage

  1. Hikaru is not responsible for any copyright claims resulting from material provided by the client for use. It is the clients’ responsibility to guarantee the ownership of the correct licenses.

  2. The client does not have the right to repurpose, redistribute, resell or edit any of the work unless negotiated with Hikaru.

  3. The client does not have the right to claim commission as their own work regardless of any existing Extended License and editing of the work.

  4. The client MAY edit the work if they purchase the editable files. This can be negotiated before or after work completion.

  5. Under personal use, the client is highly encouraged to credit Taiyo Hikaru (or Twitter: HikaVT) when displaying commissioned work.

  6. Under commercial use, the client MUST credit Taiyo Hikaru (or Twitter: HikaVT) when displaying commissioned work.

Payments and Refunds

  1. All payments are requested through Paypal invoice in USD or accepted through Ko-Fi

  2. Ko-Fi payments must be preceded/followed by confirmation of Ko-fi name and amount in DMs.

  3. Payment must be made in full upfront. Payment plans can be arranged case by case.

 

DELIVERY & DEADLINES

 

  1. By default, orders are started on a first come first serve basis. Delivery may be delayed by deadline/rush orders. Any delay affecting a commission will be communicated to the effected client(s).

  2. A client may request a deadline for their commission, however a fee of +5% of the total cost will be applied. Any deadline within 7 days is considered a RUSH and the fee increases to +25%.

  3. The client may request a non-disclosure agreement (NDA) for their commission. This means all progress and final product will be kept private until client approval. This must be communicated during negotiation and before work starts and may include a small fee.

 

CANCELLATIONS, REFUNDS & CHARGEBACKS

 

  1. The client is eligible for a full refund if the commission is canceled prior to project start.

  2. The client is only eligible for 50% refund if the commission is canceled after project start, regardless of which stage it is at.

  3. If Hikaru fails to meet a deadline or any other requirement requested by the initial agreement, the client will be eligible for a full refund.

  4. Chargebacks are strictly prohibited.

  5. Repeated cancellations will result in blacklisting.

Confidentiality

  1. No involved parties shall use, disclose or sell/provide to any third-party the other party’s confidential information unless discussed and agreed otherwise.

  2. Confidential information must be held secure and in confidence, except when required by law, judicial or legislative body or government agency.

  3. This clause will survive cancellation of work and any other agreement and license.

Licenses

PERSONAL USE

 

  1. Unless stated otherwise, all product delivered are for Personal use. The client is allowed to:

    1. Use the product on Twitch, Tiktok, Youtube etc for monetized content

    2. Use the product on any Social Media platforms as delivered

  2. Clients are NOT allowed to:

    1. Use the product for merch or prints for sale.

    2. Use the product as exclusive paid content (e.g, Patreon, Ko-fi memberships)

    3. Resell, redistribute or edit

 

COMMERCIAL USE

 

  1. A commercial license can be purchased for a fee of +50% of invoice total at any time. A license agreement will be included in the invoice.

  2. Upon purchase of the commercial license, the client is additionally allowed to:

    1. Use the product for merch and prints for sale.

    2. Resell, redistribute and/or edit

  3. If a commercial product is altered, credit for original artist MUST be attributed to Hikaru.

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