Art of Rosette

A creative haven of Rosette, an artist specializing in character illustrations and character designs.

TERMS OF SERVICE

This Terms of Service Agreement ("Agreement") is entered into between the Artist and the Client for the commission of an artwork ("Work"). By commissioning the Artist, Client agrees to the following terms. Breaching of any terms described will result in rejection and/or blacklist.Terms of Service for Adoptables available here -> Rosette's Design Adoptables Terms of Service

I. GENERAL

1. Artist works in a first come, first serve basis unless the client requested for a rush order. Clients who requested for rush order regardless of their position in queue will be prioritized.
2. Artists have the right to decline commissions for any reason. Artist cannot do (but not limited to): NSFW, Realism Style, Heavy Mecha, Complex Backgrounds, Furries, and Heavy Gore. Artist will not create content that is explicit, offensive, or inappropriate.
3. All artworks will be made in the Artist’ personal art style however, it can be adjusted to Client’s preference if stated and if doable.
4. Prices shown are only the base price. It may increase depending on the complexity of the artwork and additional charge may be incurred for any add-ons.
5. Client must provide detailed descriptions and references for their commissions.
6. Client is not permitted to trace, remove, or alter Artist’s signature/watermark.
7. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.

II. PAYMENTS

1. Prices shown are all in USD.
2. Full payment upfront for commissions under $50.
3. For commissions above $50, Client pays 50% before Artist start working and the other 50% must be paid during the shading/rendering phase.
4. Artist will not deliver the finished artworks if payment is not settled.
5. Invoices and Proposal will be sent to the Client when Artist is ready to begin work or based on what is agreed upon. Clients must not send money before Artist's request of payment.
6. Additional fees may be incurred if the work turns out to be more complex than initially agreed upon.
7. Client warrants they will not issue chargebacks. The refund policy mentioned in Section VII. will be followed.
8. If Client want a payment plan, Client must discuss it first with the Artist before sending a request.
9. 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.

III. REVISIONS

1. Number of Revisions may vary depending on the category (e.g., Sketch, Rendered, Custom Design). Artist will inform Client the number of revisions left every progress.
2. Revisions are only available during the sketching phase and flat color phase. If Client insist for a revision after these phases, there will be additional charge.
3. Revisions beyond the available ones will be subjected to additional charges, minor or major. Heavy revision will incur higher charge.
4. Revisions may affect progress and timeline.
5. Artist is allowed to reject revisions for any reason.
6. Artist is not responsible for any unsatisfactory element of the finished artwork if no feedback was given to amend it.

IV. DEADLINES & DELIVERY

1. The commission require 3 to 7 days minimum and may take up to 3 weeks to 2 months depending on each project. Timeline depends on the commission type, complexity, and workload.
2. Artist must provide updates to Client and ask for feedback in every progress.
3. Artist must reach out Client to inform them of any delays and adjustments to timeline.
4. For rush order, a rush fee of 50%-200% of the base price will be incurred depending on how rushed the deadline is and based on the complexity of the request. Client must message Artist first for the availability.
5. Client will receive the files in the forms of JPG (watermarked and non-watermark) and PNG thru email, VGen platform, or any preferred method discussed with Artist.

V. RIGHTS & USAGE

1. Artist's Rights

a. The Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels and more.

2. Client's Rights

a. Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section V.3. for commercial rights.
b. 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.
c. Client may request for NDA – Privacy Request which will be subjected to NDA fee. This entails that Artist is not allowed to share any WIPs on social media or stream the process anywhere nor share the finished artwork until Client’s permission or until Client themselves reveals the project publicly (or as agreed upon).
d. NDA - Privacy Request is +50%-200% of the base price.

3. Commercial Rights

a. Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites or as agreed upon.
b. Commercial rights means usage of Work on streams, videos and other content, or any monetized instances, or selling or reselling Work to another party, as a part of any product, or on another platform.
c. For Streaming and Content use, additional fee of 100% of the Base Price. For Merchandise/Ads/Prints, additional fee of 200% of the Base Price. (This may still depend).

VI. INTELLECTUAL PROPERTY RIGHTS

1. 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 platforms/purposes, is strictly prohibited.
2. Artist has the rights to the illustrations and its distributions (unless agreed upon). Editing, Tracing, and Claiming it as one’s work is extremely prohibited.

VI. CANCELLATIONS & REFUNDS

1. 100% refund granted if Artist has not started with the work yet. Cancellations are not allowed after Artist starts working on the commission.
2. 80% refund granted during the sketching phase. 50% refund granted during the flat color phase.
3. Refunds are not allowed after the flat color phase.
4. Client may be eligible for a full refund if Artist cannot start work or there are delays for unforeseen reasons. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund only.

VI. COMMUNICATION

1. Communication and discussion will occur throughout the project thru Twitter DMs or Discord DMs or in any platform preferred by the Client.