By commissioning Kinome (the Artist), you confirm you are at least 18 and above or have a legal parent/guardian to agree to all to all sections under the terms of service as stated.

The date for this agreement is upon the first inquiry/communication with the Artist.

As a general understanding, unless specified during the initial commission inquiry or otherwise discussed and agreed upon, commercial licenses and reselling rights are not included.
※Should you need the commission for commercial use and/or reselling rights; or unsure of whether your commission requires it under the artist's definition, please refer to Commercial use guidelines.

The Artist reserve the rights to charge additional fees if information provided during the quotation is proven to be false or not according to what is agreed upon.

The Artist reserves the rights to refuse projects and requests according to their discernment and capabilities.

For businesses, agencies, organizations, management and groups, please contact the Artist directly through email at kinome.phylla<at>gmail.com to arrange in more detail.

The Artist retains original copyright and ownership of the project and all work pertaining to it, which includes but may not be limited to: redistributing, reproducing, advertising, displaying the Work in their websites, social media and portfolios according to their discretion.

The Artist has rights to repurpose unused process work for future projects, personal or otherwise.

The process will likely be posted i.e. on Twitter and/or streamed on streaming platforms (i.e. Twitch, Youtube) unless Clients request otherwise before project begins.
※ A NDA or confidential commission status may be subject to a fee (i.e. +25%).

Clients are granted exclusive rights for personal use of the Work produced as agreed upon, which must not be transferred to any other parties. Personal use includes:
○ (e.g. Social media profile pictures, signatures, layouts, themes, wallpapers, personal website display, social media posts, physical prints and products) that is not for sale or distribution to any other party.
○ Commercial use and reselling rights are not included.

Clients may not at any time modify, edit, change the Work without permission from the Artist.

Any Work done or made available to the Client must not be used for NFT or any blockchain purposes. If found doing so, legal action will be taken.

Any commissions of my art or free use art cannot be submitted into AI Art generation software. If found doing so, legal action will be taken.
○ Should the Client decide to make changes or adjust the commissioned works through the use of machine learning, and/or create derivatives of the commissioned works through the use of machine learning or derived technologies, I will consider this as a purchase of exclusive rights (paying for copyright of the work - not ownership) and will charge a fee per work. Please inquire about the exact fee for your commission in advance.

Clients may not claim the Work as their own or anyone else’s and therefore must credit the Artist using the social username @kinomephy. Examples:
○ Tagging on Social Media (i.e.Twitter, Instagram)
○ Linking my website through markdown is possible, it should be credited.)

Commissioned works that may be considered as commercial use:
○ Usage on any monetized work (i.e. including but not exclusive to: merchandise, monetized videos, music releases)
○ represented by a brand (Individual and sole proprietors may be exempted from this clause - ie. Streamers and Youtubers)

Reselling Rights refer to selling the Work to another party or another platform.

Commercial licenses require additional charges on a case-by-case basis depending on type of commercial use.

The Artist reserve the rights to reject any commercial proposal/contract if:
○ Payment price given is not reasonable or underpaid. (e.g. Free work, "Paid in Exposure")
○ The Artist is unable to meet expectations of the project due to reasons like:
          ◇ Time (e.g. packed schedule, project timeline is too short)
          ◇ Client expects quick day-job responses (ie. Be on your beck and call, changes at a moments notice)
          ◇ Other potential reasons based of the proposal.

Final decisions will be agreed upon when quotation is provided.

The completion of the Work requires 2 weeks at minimum, and may typically average 4 weeks to 3 months, depending on commission type, complexity, and workload of commissions. Deadlines and timelines will be adhered to in good faith but may not be possible sometimes. Note that each project may vary. Please be understanding and plan accordingly.
※If the Work's completion is expected to take longer than 3 months, it will be mentioned during the early discussion.
※If there is a delay that requires additional time to complete the Work beyond the expected completion date during the project, the Artist will inform the Client of the potential time delayed and updated completion date.

If the Client has a hard deadline, it is the Client's responsibility to inform the Artist of said deadline. This is to ensure that the Artist can make an informed decision on whether to accept the commission.

Any rush commissions (less than 2 weeks) will have an additional fee charged on top of the commission price.
○ The fee is based off how rushed and difficult the commission is. (i.e. +50 to 100%).

Clients are entitled to a maximum of 1 free major change for each step:
(i.e Sketch > Flat colours > Animation(for animated commissions) > final product).
※ Should you need a major change after confirmation of each step or make a change after the final product is completed, there will be an additional charge for any changes or back tracking required. This is to ensure clients do their thorough checks before finalizing.
※ This does not include mistakes made by the Artist or changes accepted by the Artist.

Additional charges may be required for further revisions that may impact the progress and timeline of the project.

Delivery of finished Work will be through a Google Drive link, or through email if requested.
※Google Drive links will be deleted a year from completion of work.

The Artist will not be responsible for any wrong information communicated by the Client, this is to ensure the client provides accurate feedback during the entire commission process.

Communication will take place throughout the entire project timeline with updates and bouncing ideas.
○ The Artist will typically ask for feedback when she has something to show.
○ The Artist will inform the Client promptly if anything is causing delays or priority shifts in the project.

The Artist will update individual clients through Twitter DMs/emails and will typically respond within a day. However, updates upon request may take additional time in order to provide a better and more concrete update.

The website's commission status will be regularly updated to show the current workload (without too many details of each project), to ensure transparency and allow Clients to plan ahead.

Clients agree to provide all required art, references, information and assets before Work starts and during the process, or it can affect the timeline.

Before starting the project, the Client will pay in full for projects in value of up to $100.

For projects in value of above $100, a deposit of at least 50% must be made before they will be started on and added into the commission list. The remaining 50% must be paid before delivery of the Work can proceed.

Invoices will be sent after the consultation process with the Artist has been completed. Do not send a payment without any request.

When invoice or payment link is received, the Client agrees to pay within 48 hours unless circumstances are communicated otherwise in advance, or the project/waitlist position may be cancelled by the Artist.

Prices are in USD internationally, and paid via PayPal or Stripe. Prices may change depending on complexity of the commission.

Cancellations will generally not be entertained, should the Client really need to cancel:
○ The deposit of 50% will not be refunded.
○ If payment was made in full, a refund of up to 50% may be given, depending on the progress.
○ All work done until cancellation does not belong to the client (unless discussed between the Client and the Artist.)

If for any unforeseen reason the Artist cannot complete the Work or the Work is significantly delayed by 6 months past the expected deadline, the Artist will take initiative to inform you and provide a partial refund if the Work done up to this point is accepted or a full refund.
※If a full refund is accepted, all rights of any work done belongs to the Artist.

By engaging on any project, once transactions have been made, the Client acknowledges the product and deliverables are DIGITAL and there is no physically shipped good to receive. Chargebacks are not permitted and the refund policy as mentioned before will be followed.