For Content Creators and OC Enjoyers

 MijichuART Commission Terms and Conditions

 

If you have any queries or concerns related to the commission that is not answered below, please contact Mijichu (noted as “I” "me" or “the artist”) via mijichuart@gmail.com with the title "Commission Question".

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By submitting a commission request you, the client, agree to the following terms and conditions and confirm you are the age of majority (or over) in your location. The commissioned art is referred to as "the work". If the work is intended as a gift, the recipient(s) are also bound to these terms.

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These terms may be updated/amended at any time. Last updated June 2022.

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Artist Rights

 

I reserve the right to accept or decline any commission request at my discretion.

Discussing a commission does not confirm it has been accepted. Only once both parties have agreed to the pricing and scope of the work is the slot confirmed.

 

I, the artist, retain ownership over the work.

I may display the work for portfolio purposes, examples of commissions completed, or post on social media for promotional purposes. I may also livestream the work being made. 

 

• You may not claim that anyone other than the artist created the work.

• You may not remove or obscure artist signatures, stamps, or other credits from the commission work. If the work is cropped, credit must be given. 

• For works that cannot hold a signature, such as Twitch or YouTube emotes, credit is appreciated.

 

You may credit me by linking my Twitter, @MijichuART (https://twitter.com/mijichuART), or my Twitch account Mijichu (https://www.twitch.tv/mijichu).

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Work Process and Quality

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Each commission is unique and variations in style may occur. If you would like the work to more closely resemble a previous piece of mine please specify and I will do my best to emulate it.

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IF YOU INTEND TO PRINT THE WORK specifications for printing must be given during your commission request and may affect price. To save filesize, most commissions are in 72 dpi which is not suitable for printing. 

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Work will begin after the invoice has been paid.

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• For all commission types, WIP (work in progress) images will be sent to you for feedback purposes, usually for each of the following stages:
   

  • Rough Sketch

  • Line Art

  • Colouring

You must approve the WIP before the next stage of work can commence. Once you have approved a stage it is considered final.

 

• 3 free revisions (corrections) are granted per work. Please be decisive in your feedback. Excessive revision requests will result in additional fees, which must be paid before the corrections are made. 
   

• Completed Live2D models can have changes requested by your chosen rigger/animator, which may incur a fee. Minor corrections such as stray pixels or unmerged layers will be corrected at no charge.

 

Delivery

 

You understand that this is a Digital Product, so no physical goods will be sent.

You will receive a .PNG at the original working resolution and intended/required resolution via email or direct message. With the exception of live2D commissions, .PSDs will not be provided.
 

Typical illustrations are delivered within 1 - 3 weeks. Please be aware completion time will vary based on existing workload and scope of the commission however an estimate will be given during the discussion. If I believe the commission will be delayed for any reason I will notify you ahead of time to discuss. 

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If you need your commission by a set date, you must state so. A rush fee may apply.  

 

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Pricing

 

Prices are listed in USD.

NZD Pricing is available on request. 

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Pricing is non-negotiable.

 

• I reserve the right to change my pricing at any time. Work can cost more or less in future, and no compensation will be given for differences in pricing.

 

• If you have paid for an invoice and additional work is requested outside the scope of the original commission agreement then an additional invoice may be issued. 

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Unless stated otherwise, prices listed are base prices. This means they may increase with the complexity of the character or work requested. If needed, we can discuss simplifying the work.

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Payment

 

A PayPal invoice will be issued for payment, which must be paid before work begins. 

Stripe invoicing is available for NZD orders.

 

• You understand that the artist has no control over conversion rates or fees from third parties and is not responsible for any additional charges you may incur from completing the payment.

 

• Payment is expected before the invoice expires. Failure to pay the invoice by the due date will result in the commission being cancelled. If you need additional time or to pay through instalments you must contact the artist to discuss this prior to the invoice expiry.
   

• Sending money through any other method other than specified on the invoice will not be recognised as payment and will not be refunded.

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By making a payment you confirm that you have authority over the account the funds are sourced from or have explicit permission from the account holder to complete the payment.

You agree not to chargeback, reclaim, or otherwise reverse the payment. If there are any concerns regarding payment, refund or cancellation you must contact me to discuss. 

 

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Refund Policy

 

You understand that a commission is for a unique artwork. It is not a good that can be deemed faulty or returned. 

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If you wish to cancel due to:
 

Change of mind: A refund will only be applied (less processing fees) if the work has not yet started. If the work is in progress please make use of the revision service. If you still wish to cancel, you forfeit rights over the work and it may be reused or sold. Future commission requests may be denied.

Financial hardship: A refund will be offered (less processing fees) determined by the amount of work completed. Alternatively, you can request to pay in installments.

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If I am unable to work on your commission: a refund will be offered determined by the amount of work completed. Alternatively, you may choose to have a “credit” or commission slot of the same value held for you until I am able to resume work.

 

IF THE WORK HAS BEEN COMPLETED NO REFUNDS WILL BE ISSUED FOR ANY REASON.

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Personal and Commercial Use

 

Commercial rights, such as reselling the work or using the work on merchandise, must be discussed and purchased prior to use.

 

Commercial rights can be bought (by the original client) for work previously intended for personal use. The cost of this may vary. Purchasing commercial rights does not remove the artist’s rights of ownership and display.

 

Derivatives of the work (such as edits or tracing) cannot be used for commercial purposes without purchasing commercial rights.

 

Examples of personal use include:

 

• Posting the work on social media or using it as as your profile picture, header, or background

• Personal display, e.g. phone background or printed for your home

• Getting it tattooed on your body

 

Examples of commercial use include (and are not limited to): 

 

• Resale/auctioning of the work

• Using the work on shirts or other goods for purchase

• Using the work in advertising for a paid service

• Using the work in “giveaways” or “lotteries” in which participants need to purchase something or pay a fee for entry

• Company branding

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“Minting” any of my work as an NFT (non-fungible token) or other form of crypto-currency is not allowed. 

 

UNLESS SPECIFIED, COMPLETED WORKS ARE FOR PERSONAL USE ONLY. YOU DO NOT HAVE COMMERCIAL RIGHTS TO THE WORK. 

 

If you are unsure if your desired use is considered commercial or personal, please contact me to discuss. 

 

Twitch/YouTube Commissions

 

You do not need to buy commercial rights to use your commission on those platforms, to advertise your channel(s) or subscriptions/memberships. This includes Live2D works.

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It is your responsibility to ensure the commissioned work fits your chosen platform's content guidelines. I am not responsible for any repercussions from using the work or you being unable to use the work. 

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IF YOU WISH TO USE THE WORK ON MERCHANDISE YOU MUST PAY FOR COMMERCIAL RIGHTS.

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Breach of these terms may result in the commission being cancelled, your rights to the work forfeited, the work reused or sold, and in extreme cases, legal action.