Terms & Conditions

The goal of this document is to provide a clear, written, and agreed upon terms for Commissioned Work between both the customer (you) and the Artist of the Commissioned Work (justan oval).

These terms are subject to change and revisions without notice. When you inquire about or pay for a Commissioned Work, it is understood that you have read and agree to the Terms & Conditions as written in this document. These terms may be summarized elsewhere, but this document is the complete version, and should be linked in those summaries.

Payments and Pricing

1. Prices are all listed in United States Dollars (USD) and must be paid in such.
2. Payments are made through Stripe, which accepts ACH, card, and PayPal.
3. Quoted prices may be higher than starting prices or average prices listed here.
4. A non-refundable Retainer Fee of 50% of the total amount for the commission purchased is to be paid up front. Client will pay the remaining balance at the end of the period when the commission is turned in.
5. No project scope is assigned until both the retainer fee and contract have been received by Artist. Late payment will result in a delay in the delivery of the final product until payment is received in full.

For music commissions:

1. Projects start at $150 USD minimum.
2. Expect around $300 for a two-minute long track.
3. If the Commissioned Work is expected to be a certain length, but goes over, the Client will not be charged extra based on project scope, unless an extension is explicitly requested.

For all other commissions, please discuss further pricing terms with the Artist.

Please see the Cancellation & Refund Policy for more information on cancellations and refunds.

Usage Permissions & Copyright

1. Full copyrights to the Commissioned Work, including (but not limited to) rights of reproduction and sale of reproductions, is retained by the Artist, unless under a specific license or contract by the Client.
2. Artist has permission to use the project in portfolios, presentations, etc. while listing the Client by name. Client may provide a testimonial if willing. Client may retract this permission if Artist is under NDA.
3. If the Creation is a music track or tracks, Artist may upload the track to streaming platforms such as Spotify and YouTube. Track will not be uploaded to Bandcamp or Soundcloud unless given explicit permission (to avoid people being able to download).
4. The Client will refrain from re-selling the Commissioned Work, unless explicitly given a license from the Artist to do so.
5. The Artist will refrain from selling the Commissioned Work to anyone but the Client. The Artist will not profit from the selling of the Commissioned Work.
6. Credit to the Artist for the Commissioned Work is required somewhere that people can find from the Commissioned Work, if made public (e.g. if it's posted on YouTube, or included in a YouTube video, the Artist's name must be in the description).
7. The Artist may upload work-in-progress versions of the Commissioned Work to their Fourthwall / membership websites unless explicitly under NDA or requested not to do so.
8. The Artist may stream progress of the Commissioned Work to their Discord, YouTube or Twitch unless explicitly under NDA or requested not to do so.

Commissioned Work Creation Process and Details

1. After the Retainer Fee is received for an order, and the Client provides the necessary information for the work to begin, the Commissioned Work should be completed within the time frame discussed between the Artist and the Client. If the Commissioned Work is not completed within that time frame, the Artist may be entitled to a refund per the Cancellation & Refund Policy. This does not include time spent communicating with the Client, as there may be delays in communication, which will inevitably cause delays in progress.
2. The Artist reserves the right to cancel orders at any time for any reason. The Artist will abide by the Cancellation & Refund Policy.
3. If the Client does not respond to communication (whether it be email or Discord) within 90 days from the last time the Artist communicated, the Artist reserves the right to cancel the order and retain all funds paid. If the Client contacts the Artist within another 90 days from the time the last order was canceled, they may be granted a credit for a future commission at the discretion of the Artist.
4. The Artist will provide frequent updates with expectations of feedback from the Client to understand the direction they should take it in. Rough ideas will be sent, multiple variations, etc. Clients are encouraged to provide input if they want the most personalized result.
5. Major revisions may be made before a "final" variation is chosen (referred to as Final Stage) to continue with, during the sketch / brainstorming phase.
6. Minor revisions may be made after the Final Stage is chosen.
7. Major revisions made after the Final Stage will cost the Client at the minimum an extra $50 in the majority of cases. The price may be discussed with the Artist.
8. The Artist reserves the final right to decisions that would affect the artistic quality of the commission as interpreted by the Artist.
9. The Artist encourages the customers to communicate with and inform the artist of any issues or thoughts they have on the artwork during the creation process. The Artist's ultimate goal is the highest possible satisfaction of the customer with their purchase and their finished artwork. Customer satisfaction, while always greatly desired by the artist, cannot always be guaranteed.

Prohibited Commission Subjects

1. The Artist reserves the right to decline or refuse to produce work of any subject or topic. Clients are still encouraged to ask about the subjects they would like created.
2. The following is a non-exhaustive list of some subjects prohibited from being commissioned:
   
   1. Depictions of pornographic, sexually explicit, sexually suggestive or gore-containing subjects, or otherwise Not-Safe-For-Work material.
   2. Any subject that would violate the Terms of Service or upload policy of: Twitter, Bluesky, Instagram, YouTube, Discord, Spotify, Soundcloud, Bandcamp, Patreon, Fourthwall, Webflow.
   3. All of the above are subject to be defined by the Artist. This is not an exhaustive list, and more topics may be declined.
   4. Hateful or otherwise offensive subjects.
   5. Racist or otherwise discriminatory subjects.
   6. Subjects containing trademarked works, copyrighted works, or any other intellectual property not owned by the Client.

Specializations

The Artist specializes in the following subjects, and other subjects may not be as up to par as the following, or may even be denied if it is outside of the range of the Artist:

1. Low-poly, retro, weird, surrealistic 3D works.
2. Silly video-game music.
3. Cinematic orchestral music.

You are still encouraged to ask the Artist if you have a special request and are unsure if it is out of their range (e.g. they have made something like it before, but it is not listed here).

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