Terms of Service
CONTACT
Email ciarra@ciarrachii.com or ciarrachii@gmail.com
Twitter @CiarraChii
Terms of Service are subject to changes. You agree to my Terms of Service below if you decide to commission me or have commissioned from me.
Update for October 2023:
- Quotation validity - one (1) month upon e-mail.
General
- Designer's / Artist's Rights: I can use my works as part of my portfolio. If the client prefers not to release it in public for various reasons (ex: debut), the client should inform ahead of time.
- Do not edit, modify, trace, copy or resell my works. Do not redistribute for commercial use or merchandise (ie. prints, merch, etc.) unless specified, discussed, and agreed on. If clients have decided to use the item for redistribution, they must discuss this with me.
- Quotations are valid for only one (1) month upon e-mail. I will resend another quotation if more than a month has passed.
- Revisions: I will not make changes or additions that are finished until the client pays for a revision fee. Unless it is my mistake (ex: missing details, wrong colours), I will make the changes.
- I reserve the right to refuse the commission if I feel I cannot do it justice.
- Privacy of client information: All clients' private information will be kept secret. The client shall do the same for the artist. Please respect people's private information. Unless the client has violated the artist's Terms of Service, they reserve the right to warn other artists by posting conversations and private information in order to protect other artists' future transactions.
- Crediting: Please credit me. Do not credit the item as your work. Please credit me on my works somewhere visible on either Twitter bio, Twitch profile (Credits panel), or Youtube description. I will remind the client to credit appropriately if the credit is long overdue.
- Transferring OC Rights: In cases where the Client has sold or transferred their characer design rights to another person (Party B), Party B has no rights to own the graphic design work that the Client commissioned to me. However, Party B may purchase the rights to use the work and must contact the Designer.
- On-Hold Slots: Clients are given a maximum of 1 week to pay the 10% non-refundable reservation fee to reserve their slot. The slot will automatically be canceled after one week. I am not responsible for reminding clients about their reserved on-hold slots.
- I disclaim any responsibility for copyright issues. Everything I choose to use in your designs is 100% free for personal and commercial use. I won't be responsible for copyright issues if you want me to use your assets for the design. I will assume that you are informed of your rights about it.
- Orders cannot be changed once you submit your form. There are exceptions:
- If a client wants to change an overlay size to another one, for example, changing the karaoke overlay to a square one.
- If a client wants to change a scene to another one, for example: changing starting soon to ending instead.
- Additional screens/overlays with the same design, for example: you have a just chatting screen but want an additional karaoke overlay with the same design as just chatting.
- Orders cannot be changed once you signed the contract.
- Redistribution Rights: The client can use the commissioned work for redistribution, such as merchandise and prints only if it is paid and agreed upon beforehand. There are redistribution limitations:
- NFT/Mint/Cryptocurrency: Do not mint/sell my work for NFT. You are not allowed to sell my works for NFT or anything related to cryptocurrency.
- AI (Artificial Intelligence) Websites: Do not upload my works on AI-generating services with or without my permission.
- Act of Violence & Hate Speech: Do not use my works to spread hate, discrimination, racism, violence or anything that is related to politics or religion.
Process
- First come first serve BUT selective.
- Commission Status: I will prioritize based on my commission list. Please check my Twitter and Ko-Fi for commission slot announcements or email me at ciarra@ciarrachii.com or ciarrachii@gmail.com if you’re unsure. There are months I won't be taking any waitlists.
- Fill-up waitlist form: Once the client has filled up the waitlist form, I will contact the client within 1-3 business days.
- Slot reservation: Clients are required to pay 10% of the total commission cost to reserve their slot. They are required to pay the deposit within a week or their commission will be cancelled and potentially be added to my blacklist.
- When there is no response within a week, the commission slot will be automatically cancelled.
- Project start: Once the client's project starts, they're required to pay either full or half before any work starts & before delivery of the digital goods. The client will receive a contract via email and they are required to fill up their legal full name and signature.
- Updates: The client may ask for updates about their commission.
- Finalizing: Once the client has approved the presented concepts, the artist will prepare the files while the client must pay the rest of the balance.
Payment
- Wait for me to contact you via DM or e-mail with instructions.
- If the client prefers to pay via PayPal, the fees will be included on their PayPal invoice.
- Pricing: Please note that all prices indicated on my website are BASE prices. If the request is complex, the artist has the right to charge more.
- Payment Process
- 10% non-refundable reservation fee: Clients are required to pay for their slot to be reserved.
- 40% of total project cost: Once their commission slot starts, I will message the client and the client must pay 40% of the total project cost or full payment.
- Fully paid project before delivery: Commissioned digital goods will be delivered to the client once it has been fully paid & confirmed by the client that there are no more revisions or additional orders.
- PayPal payments: I reserve the right to charge additional fees to the invoice if clients opt to use PayPal.
- Wise: Recommended for transactions above $200, I recommend that clients pay using Wise. I would genuinely appreciate it if you all used my referral. The artist will send a digital invoice with the total amount to be paid via Wise.
- Slot Cancellation: Clients on the waiting list have the right to cancel their reservation as long as they provide a reason. The 10% reservation fee won't be refunded. If the project is ongoing and they decide to cancel it, the refund amount will be based on IV. Refunds.
- Additional Costs: Privacy fees, additional logo design, major revision fees, commercial fees and rush fees will include an additional cost and should be paid immediately before any work is done. The client should also pay redistribution rights in full.
- Cancellation Rights: I reserve the right to cancel & issue a refund for your order at any time and reason.
- Chargeback: Your rights to any orders I have done for you will be retracted if you file a chargeback against me. As much as we can, let us discuss & resolve issues respectfully AND privately. I want to note that once you file a chargeback, you will not be allowed to commission me again, and I will publicly note the client's name for other artists.
Refunds
- Reservation/waitlist fees are strictly non-refundable.
- The final refund amount will be calculated based on conversion fees, platform fees, transaction fees and how much work has been done on the project.
- Refunds will be done via PayPal or Wise in USD currency regardless if the client paid via Wise.
- The client will shoulder any fees required to refund them.
- A refund can be issued when:
- The client is highly dissatisfied with the commission.
- The designer can't do justice to the commissioner's requests and demands.
- The commission cannot be delivered on the given deadline.
- no more than 30% of the total commission price if expressions, mouth, eyes, eyebrows are done.
- no more than 40% of the total commission price if head XY and/or body XY is done.
- 100% of the total commission price if I haven't started the commission and cannot complete it due to grave reasons such as hospitalization.
- no more than 60% of the total commission if the 1st set of concepts is presented.
- no refunds when a concept has been approved for detailing and slight revisions (color changes, resize, reposition, etc)
- For example you ordered Package 1 (2 overlays) with a Logo. I already gave the concepts for Logo but not for the 2 overlays. Only 40% (this includes the 10% non-refundable fee) of the logo cost and 90% of the Package 1 cost will be refunded.
Live2D Art & Rigging
General
- Not First Come First Serve: I have the right to check the model's details first and how the layers are separated before accepting the commission. There may be a few reasons why I might reject some commissions:
- The model is too complicated for my current skill level.
- The parts aren't separated well, or it isn't cleaned correctly.
- My commissions are currently full.
- Please credit me as @CiarraChii if you are using a model that I made/rigged. Please credit me on your Twitch Credits panel and Twitter profile. You're free to use any of these titles: Live2D modeller/rigger/papa(パパ).
- The model must be the client's original character or design. It is not the rigger's responsibility for any backlash from others, such as allegations of copying design, tracing, and more.
- After delivering the final product, unless the rigger & client discussed how long the checking period is, a month will be given for the commissioner to test the model and suggest final adjustments/corrections. Further adjustments outside this period will be considered but not be prioritized.
- The project file will be backed up in the case of the client losing their model.
- I am allowed to use my work for my portfolio.
- For the sake of keeping the integrity of my work, I will not be able to provide the live2d project file.
- Major editing/revision is limited to up to 3 times. Please be clear about what you envision. More edits may require a fee.
- Clients are required to pay a rush fee if needed. This price may scale depending on how soon the client needs the model.
- Please contact me privately via VGen, Twitter, Discord or E-mail for any disputes or concerns regarding your commission. I would prefer it if we could settle issues privately and professionally.
- Please do not ask me to copy another artist's art style. You may show me another model saying you like that color palette and such, but if you're showing it just for the color palette, please create your color palette using color palette generator websites such as coolors.co.
- Do not use my art for anything NFT-related. Do not feed my art to AI (artificial intelligence). I do not consent to my art being used for anything besides vtubing and content creation related to vtubing.
- Do not trace and heavily reference my art. This applies to anyone. You may only trace it if you need to explain something to me because it is easier for you.
- Commercial rights are included for the Live2D rigging service, but clients do not have the right to resell the rigging. The client must be willing to pay additional fees to resell the rig file.
- Rigging updates can be requested every 4 months. The rig updates may depend on what needs to be updated. An example would be improving certain physics of the model like the hair or blinking. If the physics is already fine as it is, no updates will be given. Upgrades such as VBridger or additional tracking (pen tablet or controller) can be requested at any time but work starts depending on commission slots.
Lead Time
- While commission work, especially projects involving both art and rigging, may extend over several months, it will not exceed a maximum duration of six months. While I aim to complete work within a two-month timeframe, there may be instances where completion may take longer or shorter. Factors influencing the timeline include the complexity of the model, the number of toggles and expressions required, as well as personal circumstances such as emergencies.
- It is the client's responsibility to respond on time. Poor communication will affect the lead time for the project.
- In the event that deadlines need to be extended due to unforeseen emergencies, illness, or other personal reasons on the part of the designer/artist, I kindly ask for the client's full understanding. Rest assured, I will adhere strictly to the terms outlined in the refund clause. Communication is paramount, and I commit to keeping clients informed and updated throughout every stage of the process. I maintain a zero-tolerance policy towards ghosting or any form of miscommunication.
- In the event that the artist becomes unreachable for an extended period of nearly six months, the client reserves the right to request a refund depending on the progress of work. Additionally, the client may utilize the model artwork (PSD) to commission another rigger. For instance, if the commission has been fully paid but only the live2d model has been completed, the client may seek a refund for the 'rigging cost' portion of the payment, excluding the model art cost. Refund calculations will be based on the extent of completed work.
Graphics
General
- Font Licensing: The client is responsible for the font's commercial license if they plan to use the editable font across their social media platforms (panels, banners, etc.)
- Originality: The designer only provides originally designed logos and assets.
- Pricing for Small to Medium Scale Commercial Use: If you want unrestricted use for the commission or intend to make commercially significant revenue, please contact me through my form or Twitter. This only applies to VTuber groups/non-indie VTubers/small to medium-scale businesses that profit from using their merchandise.
- I am not responsible for providing the codes to make your chat messages look as what it is on the design. You may use that as a reference to send to your CSS coder.
- The client is responsible for providing me with character reference sheets, character personality, colors, objects/animals, preferred design, text, and more. The client is also responsible for uploading their own references using their own storage cloud, like Google Drive, iCloud or Dropbox. Please make sure that the file link is public or shared to my email address (ciarrachii@gmail.com)
- There are no free major revisions. Wanting a different design from the presented concept(s), changing the shapes of panels or chatbox, changing most or all of the colors, etc. There may be other reasons and it’s the designer’s decision if the client’s request will be considered a major revision.
- Any small fixes and revisions will be limited to three (3). This means if you have 4 changes on the concept (ex: change color, add text, add socials, move assets to left instead of right instead), that will be counted as one fix/change! After that, any additional revisions will be charged based on the changes requested.
- In situations where the client wants to purchase all the presented concepts, they're required to pay a discounted price. This will be discussed with the designer.
Process
01 - LOGO
- Stage 1 Concepts: May take a week or two. Clients shall choose 1-2 styles/concepts before the next stage.
- If the client already chose 1-2 styles/concepts and stage 2 has already started or been presented, any changes will be considered as paid major revision.
- Stage 2 Detailing: Details such as layout, coloring, pattern, etc.
- Stage 3 Finalizing: Once the client has approved the final logo, the designer will finalize the logo where it'll be cleaned, double-checked for errors, and prepared for delivery.
- In a situation where the clients has already approved the delivery but requested changes on the final design, they’re required to pay a revision fee (computed depending on the number of changes)
- If it’s the designer’s mistake, there will be no additional revision fee.
- File Format: After finalizing all details, you will receive various PNG files (transparent background) with different color shadows and outlines based on your color scheme. To avoid quality loss when resizing for other purposes, you will receive a PNG size of more than 3000px in length. I can provide a PSD file upon request & after the client has paid the fee.
- File Delivery: I will upload the files via Google Drive and send the link for you to download. I will keep the files for six months, so please make sure you save all the files.
- Surprise-Me Logo/Overlay(s): Please note that this is Skeb-style, which means that there are no drafts. The only finished piece will be delivered to the client. There will be strictly no free revisions. Your request may get canceled & refunded if your request is vague and lacks details. I may also cancel & refund your request due to various reasons and you may or may not receive an explanation from my side.
- Separated Layers for Animation: As of June 2021, there will be a fee for separating the layers of the logo to be ready for animation.
- RAW Files: Do not change anything from the design. Removing certain assets is okay (ex: removing cat ears, objects, etc.), but any changes in the design or colors incur a fee and should be directly discussed with me before changing. If you're unsure what changes you can make, feel free to email or send a direct message on Twitter. If the changes have been done without notice, this will break your rights on owning the logo.
- Usage: The client can use the logo for commercial use for their Twitch, Youtube, Twitter, Facebook, or any social media as their "branding". REDISTRIBUTION IS NOT ALLOWED. That means printing, merchandise, etc. Selling the assets is also NOT ALLOWED. If you are going to sell the assets, the client must pay redistribution rights for their purchased assets. Please get in touch with me if you would like to inquire about redistribution rights.
02 - STREAM ASSETS
- Stage 1 Concepts: Upon receiving your payment, kindly give me 1-2 weeks to provide different concepts for the stream assets. The client is responsible for providing details for the stream assets such as sample layout, colors, and aesthetic/feel.
- Stage 2 Detailing: Once the concepts are done, the client shall choose one concept to proceed with before I add more details (either as requested by the client or whatever the designer can add)
- Stage 3 Finalizing: Once the client has approved the design for the streaming asset, the designer will prepare it for the finalizing stage, where it will be cleaned, double-checked for errors, and prepared. Suppose the client has given the signal but decided to change the final concept's details (except minor color changes). In that case, it'll be considered an additional revision which has an additional fee.
- File Format: After finalizing all details, you will receive various PNG files (transparent background). The designer will provide PSD with an additional fee. The file size would be 1920x1080 unless the client requested a different resolution beforehand.
- File Delivery: I will upload the files via Google Drive and send the link for you to download. I will keep the files for six months, so please make sure you save all the files.
- Moving the Assets: An example of good editing would be repositioning assets - such as moving the Chat on the left instead of right (vice versa) or the follow/sub/tip panels on the top instead of the bottom (vice versa). You can request a PSD file of your stream panels with each of the panels separated. Please be reminded that any text layers will be flattened due to font licensing issues.
- Usage: The client can use the stream assets for Twitch, Youtube, or any streaming platform/social media. Commercial usage is included. Please do not redistribute or sell the assets. If you are going to sell the assets, the client must pay redistribution rights for their purchased assets.
Lead Time
- All graphic design works may take 2-5 weeks (or more) depending on various reasons such as the number of requests, details, revisions, and more.
- It is the client's responsibility to respond on time. If it takes days for either party to respond, this will affect the lead time for the commissioned work.
- In cases where the designer/artist has to extend the deadline due to emergencies, sickness, and other personal reasons, I request complete understanding from the client. I can only provide whatever is under IV. Refunds in terms of refunds. I make sure to let clients know and update them every single step. I do not tolerate ghosting or any form of miscommunication.