Mooki's
Terms of Service
1 - PARTIES
These Terms of Service must be withheld by the commissioner of the requested services—hereby referred to as the "Client"—and the Artist completing the services. The Client's requested services will hereby be referred to as the "Work."2 - ONBOARDING
During the onboarding of a client for a new commission, the Client must provide all relevant materials, requests, and requirements when submitting their request form.
The Artist and the Client must have equal understanding of the expectations for the requested Work before the commission is started and the initial payment is made.The Artist is entitled to cancel or deny a commission for any reason. Said reasoning will be disclosed upon request by the Client. If the Artist chooses to cancel the commission, they must refund any payments made by the Client towards the commission fee in full.
Examples of projects/styles the Artist will not take on:
~ Masculine body types
~ Anthropomorphic Characters (i.e. Furries)
~ Mechanical and/or Biomechanical characters (i.e. Robots)
~ Art requested in a style other than the Artist's.3 - PAYMENTS
Upon the Artist accepting your commission, the first payment will be made after terms of service are accepted.At the Artist's sole discretion, large-scale illustration commissions may require an initial deposit of 50% of the total commission fees before the commission is started.
In regards to payment plans, the Client will receive the final project files when the full amount is paid off.If the Client wishes to purchase commercial rights to the Work, this includes an additional fee. The total cost will be twice the price of the original quoted commission fee.
Refunds will be given only under the sole discretion of the Artist within the following scenarios:
~ As mentioned in Section 5, the deadline was not met by the Artist; in this case, the additional rush fee will be refunded in full.
~ If the Client wishes to—without reason—cancel the commission before the Artist has spent 3 hours working on the commission. This may result in the Artist not accepting future commissions from the Client.
Failure to adhere to the Terms of Service outlined here may—at the Artist's sole discretion—result in the immediate cancellation of your commission without refund.4 - REVISIONS
Upon the delivery of a draft in any stage of the commission, the Client can request revisions to be made to new material within that draft. Once the Client has confirmed they are pleased with a draft, any revisions made after this—as in revisions on material the Client has previously confirmed they are happy with—may be subject to additional revision fees at the Artist's sole discretion. Major revisions to the Work must be requested during the sketch stage for ease of workflow. Upon delivery and the Client accepting the completed Work, no revisions can be made.5 - DEADLINES AND DELIVERY
If the Client needs the Work to be completed and delivered by a specified date, an additional rush fee may be incurred at the Artist's sole discretion. In the event that external circumstances lead to the Artist not completing the Work before the specified deadline, the rush fee will be refunded in full.The completed Work and its project files will be delivered through VGen upon the Artist receiving the final payment. Upon delivery of these materials, the commission agreement is completed.6 - RIGHTS OF USE
Works within the Illustration category will be delivered with both a version including the Artist's watermark and one without. The Client—when publishing the artwork for any purpose other than commercial (if said rights to the Work have been paid for)—must either use the watermarked version or—when using the non-watermarked version—must credit the Artist in the caption/description, bio, or any other relevant, publicly-visible location.The Work may not be modified or edited by an external party but the original Artist, unless consent to do so is explicitly given by the Artist to the Client and external party.The Artist retains these rights of use to the Work:
~ Copyright of the completed Work is held solely by the Artist, unless the Client pays for commercial rights to the Work (an additional fee, as outlined in Section 3).
~ The Artist may use the finished Work with the purpose of promoting their services, showcasing it within their professional portfolio, or to submit for feedback within an educational setting. This does not apply to commissions in which the Work is intended to stay private.Upon delivery of the completed Work, the Client is granted these rights of use:
~ The Client may use the Work in all private and public projects of their choosing, with the exception of:
projects, media, or content related to sensitive or highly-controversial topics including: politics, religion, offensive/defamatory content, content that negatively targets a sole or group of individual(s).
projects, media, or content that imply that the Work was created by any party other than the Artist.
Products intended to be sold (i.e. merchandise) unless commercial rights to the Work have been paid for
~ Create items (i.e. clothing, prints, etc.) including the artwork; commercial rights to the Work must be paid for in order to mass-produce, sell, and/or financially benefit from these items.
~ If the Client has commercial rights to the Work, the Artist must be credited in the description of any product or service which uses or displays the Work.7 - COMMUNICATION
While communication through Discord or Twitter is preferred by the Artist, it is not required; VGen's internal communication service can be used. When first commissioning a Work, please disclose your preferred method of communication.8 - CONFIDENTIALITY
Both the Client and the Artist represent that they will not disclose any private or sensitive information shared within or pertaining to this commission (such as both parties’ legal name, personal information, situational commission fee discounts, etc.) to any other party, individual, group, or organization without the written consent of both Parties except for in the case of pursuing legal action. Any breach of confidentiality may result in copyright takedowns of the projects, media, and/or content using the Work, the publicization of breach of confidentiality, and/or pursuing legal action.