TERMS OF SERVICE.

Last updated - September 30th, 2022

GENERAL TERMS.

• All commissions are digital goods and no physical items will be shipped.

• All commissions requested must be submitted through the commission form.

• Aerlya Graphics reserves the right to refuse any commission request.

• Upon delivery, commissions will not be resold or redistributed by Aerlya Graphics unless otherwise agreed upon with the client.

• By default, Aerlya Graphics reserves the right to use commissions for self-promotion (e.g: Twitter posts, Twitch/Discord process stream, Speedpaint videos...). Full privacy may incur additional fees and must be notified by the client prior to any payment.

• Aerlya Graphics reserves the right to cancel any order if there is strong animosity between the artist and the client.

• Upon payment, the client is expected to keep Aerlya Graphics informed of any update of their contact information. If all information provided becomes unusable before the start of the order and the client can no longer be reached, the commission will be cancelled after 10 business days. The client will no longer be eligible for a refund.

• Prices are final and non-negotiable. Any attempt to negotiate pricing will result into Aerlya Graphics declining the request.

• Using commissioned products in any blockchain-related technology, such as (but not limited to) NFTs and cryptocurrency, is strictly prohibited.

COPYRIGHT & USAGE​.

 

• Aerlya Graphics disclaims any responsibility for copyright issues. By providing material (sounds effects, artwork, fonts, etc...) for Aerlya Graphics to use, the client guarantees ownership of the correct licenses.

• The client does not have the right to repurpose, redistribute or edit any of the commissioned products unless an Extended license has been provided by Aerlya Graphics.

• The client does not have the right to claim the commission as their own work, even after purchasing an Extended license and editing the design.

• If the client purchases any editable source files (.psd, .ai, .aep files), they are authorized to modify the product but not repurpose or redistribute it unless an Extended license has been provided by Aerlya Graphics.

• Under personal use, the client is encouraged to credit Aerlya Graphics by username (Aerlya Graphics), Twitter handle (@Aerlyagraphics) or website URL (aerlyagraphics.com OR ko-fi.com/aerlyagraphics) on any platform where the commission is displayed publicly.

 

• Under commercial use, the client must credit Aerlya Graphics by username (Aerlya Graphics), Twitter handle (@Aerlyagraphics) or website URL (aerlyagraphics.com OR ko-fi.com/aerlyagraphics) on any platform where the commission is displayed publicly.

PAYMENT, DISCOUNTS & REFUNDS.

 

🌿 PAYMENT & FEES

 

• All payments are requested through PayPal invoice in EUR (€).

Payment must be made in full upfront. Invoice totals over 300€ can be paid partially upon request: 50% will be due upfront and the remainder 50% will be due upon approval of sketches/draft designs.

​• A 10% fee is applied to every order to cover software subscriptions, PayPal and administrative fees. ​​​

🌿 Delivery options​​

By default, the order will be completed when the client's slot in the queue is reached. Delivery may be delayed by deadline/rushed orders. Any delay affecting a commission will be notified to the client.

• The client can request a deadline for their commission. If the project is accepted, a +50% to +80% fee per item will be applied to the order, based on workload, timeframe and complexity of the project. Deadline orders must be paid in full upfront.

• The client can request a rush delivery for their commission. If the project is accepted, a +100% fee per item will be applied to the order. Delivery is guaranteed within 2-5 days upon receipt of payment. Rush orders must be paid in full upfront.

• The client can request an express delivery for their commission. If the project is accepted, a +200% fee per item will be applied to the order. Delivery is guaranteed within 1 day upon receipt of payment. Express orders must be paid in full upfront.

• The client can request a non-disclosure agreement for their commission. Progress and final product will be kept private and will only be shared to the client and any other party directly involved with the commission, with prior approval from the client. A 50% fee per item will be applied to the order and the client will receive a Non-disclosure agreement PDF document to review and sign electronically.

🌿 Discounts

The client may accumulate multiple discounts on one order.

Ko-fi members get a 5 to 10% discount based on the tier they're pledged to.

Referred clients get -20€ off their first order if under 300€, and -50€ off their first order if above 300€. For every 5 referrals leading to a commission, the referee gets a 150€ coupon to spend on any service from this website. This can occur multiple times. 

VIP Clients get a 10% discount on every order, access to priority queue and no administrative fees. The VIP status is given manually at Aerlya Graphics' discretion and cannot be requested.

C

🌿 cancellations, refunds & Chargebacks

Administrative fees are excluded from all refunds.

• The client is eligible for a refund if the commission is cancelled prior to the start of the project.

• The client is no longer eligible for a refund if they choose to cancel a commission after the project has been started. 

• If Aerlya Graphics fails to meet a deadline or any other requirement requested in the initial agreement, the client will be eligible for a refund.

• Chargebacks are strictly prohibited. 

• Repeatedly cancelling commissions will result into immediate blacklisting.

• Purposeful chargebacks with no prior notifications to Aerlya Graphics will result into immediate blacklisting including public display of: e-mail address, PayPal e-mail adress and Social media handles. 

CONFIDENTIALITY.

• Neither Party (Aerlya Graphics and the client) shall use, disclose or make available to any third party the other Party’s Confidential Information, unless such use or disclosure is done in accordance with Aerlya Graphics' Terms of Use.
 

• Each Party must hold the other Party’s Confidential Information secure and in confidence, except to the extent that such Confidential Information:


a. is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency; or


b. was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorisation.
 

• This clause will survive cancellation of the commission and any other agreement and license.

LICENSES (Personal, Commercial, Extended...).

🌿 Personal use

 

• By default, commissions are delivered for Personal use. The client is allowed to:

- Use any commissioned product on Twitch, YouTube for monetized content,

- Use any commissioned product on Social media platforms such as Discord, Twitter, Instagram, TikTok, etc...

• Without prior approval or an appropriate license purchase, the client is not allowed to:

- Use any commissioned product to produce merch or prints

- Use any commission product for paid content (Patreon, Ko-fi membership...) 

- Reselling any commissioned product

- Redistributing any commissioned product

- Editing any commissioned product

🌿 Commercial License

 

• A Commercial license incurs a +100% fee per item. It can be purchased separately from the item at any time. ​Upon purchase of a Commercial license, the client will receive a License Agreement PDF document to review and sign electronically. 

• Upon purchase of a Commercial license, the client is allowed to:

- Use any commissioned product on Twitch, YouTube for monetized content,

- Use any commissioned product on Social media platforms such as Discord, Twitter, Instagram, TikTok, etc...

- Use any commissioned product to produce merch or prints

- Use any commission product for paid content (Patreon, Ko-fi membership...) 

• Without prior approval or an appropriate license purchase, the client is not allowed to:

- Resell any commissioned product

- Redistribute any commissioned product

- Edit any commissioned product

• License purchases are not eligible to discounts.

• Under commercial use, the client must credit Aerlya Graphics by username (Aerlya Graphics), Twitter handle (@Aerlyagraphics) or website URL (aerlyagraphics.com OR ko-fi.com/aerlyagraphics) on any platform where the commission is displayed publicly.

🌿 Extended License 

 ​

• An Extended license incurs a +300% fee per item. It can be purchased separately from the item at any time. ​Upon purchase of an Extended license, the client will receive a License Agreement PDF document to review and sign electronically. 

• Upon purchase of an Extended license, the client is allowed to:

- Use any commissioned product on Twitch, YouTube for monetized content,

- Use any commissioned product on Social media platforms such as Discord, Twitter, Instagram, TikTok, etc...

- Use any commissioned product to produce merch or prints

- Use any commission product for paid content (Patreon, Ko-fi membership...) 

- Resell any commissioned product

- Redistribute any commissioned product

- Edit any commissioned product

• License purchases are not eligible to discounts.

• Under commercial use, the client must credit Aerlya Graphics by username (Aerlya Graphics), Twitter handle (@Aerlyagraphics) or website URL (aerlyagraphics.com OR ko-fi.com/aerlyagraphics) on any platform where the commission is displayed publicly.

If a commissioned product is altered, Aerlya Graphics must still be credited as original designer.

COMMISSION PROCESS.

🌿 inquiry

• Upon receipt of a commission form, Aerlya Graphics will review the request and contact the client. Based on the information provided, a PDF document including contact information, commission details, pricing and estimated delivery will be generated and sent to the client for approval.

• If the information provided does not meet the client's expectations, they may decline the order. 

• If the information provided is approved by the client, a PayPal invoice will be sent.

• Upon receipt of payment, the client will lock their slot in the queue and will no longer be able to add or remove any item they ordered. Minor edits on items that are already in the initial agreement are accepted.


🌿 Design Process

 

• Once the project starts, the client will receive regular updates throughout the entire process. All drafts will be watermarked.

• During the early stage (sketch/draft), the client may request up to 3 revisions per item for free. Additional revisions will incur an extra 5% fee per edit.

• During the second stage (lineart, base colors, layer separation), the client may request unlimited minor revisions (color fix, minor illustration edit) per item for free. Major revisions (destructive edits completely different from the initial request) will incur a 20% fee per edit.

• During the final stage (shading, animation, final touches), the client may request up to 2 minor revisions per item for free. Major revisions will be charged the initial cost of the item.

 

• Once a project has been started, the client is expected to provide feedback on each version Aerlya Graphics is providing. If the client fails to provide feedback, the commission will be put on hold. 

Tip : Feedback should be concise. The client is encouraged to send all feedback at once to avoid quickly consuming revisions.

🌿 Delivery
• Any additional fees must be paid prior to delivery.

• Once the project is completed, the client will receive a final showcase version of the entire commission to ensure they're satisfied with the products.

 

• If approved, the files will be sent unwatermarked at full resolution through a Google Drive link.

🌿 Post-Delivery edits

• Once a commission is delivered, edits will no longer be free of charge, save in exceptional circumstances. To be eligible, edits must be requested within 5 business days following delivery. If requested in time, rates will be as follows:

5€ per minor edit (recolor, text edit...)
10€ per illustration edit (scene, emote, badge...)
15€ per animation edit

Past 5 business days following delivery, edits will be charged 50% to 100% of the initial cost of the item.

Please inquire if you have any question.

Thank you for reading!

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