TERMS & CONDITIONS
USAGE & LICENSING
Usage is limited to web and printed materials.
Usage of the Artwork doesn't include the right to modify, re-sell, mint for NFTs (non-fungible tokens) or use for machine learning, auto-drawing or AI generation.
Usage of the Merchandise doesn't include the right to re-sell, re-create or use for commercial production. The client understands that using any third party outside of the commission agreement, including manufacturers and suppliers, for the commercial production of the Merchandise outside of the commission agreement is a violation of this policy. The client accepts that any non-commercial production of the Merchandise (i.e. gifts and/or personal use) will need to be negotiated and approved by Levira2019.
All preparation materials, sketches, and visuals, including the electronic files used to create the project, remain the property of Levira2019. Right and title to all ideas, trade secrets, business processes, inventions, discoveries, and other intellectual property (collectively referred to as "Inventions") used or developed by Levira2019 in the performance of the Services shall remain with Levira2019. Upon payment of all fees due in the project, the Client is hereby granted the right to use the completed artwork and the Inventions included in the completed artwork for non-commercial purposes. The Client understands that usage of the Artwork or Merchandise for any commercial or similar purposes will require a Commercial License (refer to "Commercial Licensing" section).
COMMERCIAL LICENSING
Usage of the artwork or merchandise for reasons including but not limited to commercial projects, promotional banners or icons, revenue-generating streaming services, for-profit conventions and events will require a valid Commercial License granted by Levira2019.
The form, type and coverage of the Commercial License will depend on the type of usage, frequency of use and size of the audience and will be discussed, adjusted and limited to the Client's requirements. Levira2019 retains the right to refuse or cancel a Commercial License if deemed harmful to the Inventions, Artwork or Merchandise at any point within and past the Commission period.
INTELLECTUAL PROPERTY
The Client understands and agrees that any and all information provided for the Job including but not limited to designs, visual references and bases of ideas and characters does not infringe on any third party rights and limitations. The Client is required to complete any and all necessary procedure to ensure legal use of the material for the Job. Levira2019 is not responsible for any intellectual property infringement of material provided by the Client.
PRIVACY & SHARING
Levira2019 shall not disclose any of the Client's confidential information concerning the Job to any third party without the prior permission of the Client. The Client agrees to keep confidential any and all Inventions not publicly known and utilised by Levira2019 under this Agreement. Levira2019 will not claim the copyright of any original character(s) or Idea(s) provided directly by the Client for the sole purpose of the commission.
The Client further agrees that Levira2019 may use the completed artwork, including the Client Provided Material, in the Designer's marketing and promotional material (including, without limitation, on the Designer's website, portfolio and social media) and may list the Client by name or social media handle as a customer.
Levira2019 reserves the right to show any artwork, ideas, or sketches created for this project as examples of client work. This can be during the project and also upon completion.
PAYMENT & FEES
Levira2019 has the right to charge additional fees where necessary at any stage of the commission but will explicitly discuss and review all charges with the Client before proceeding with the commission. Levira2019 is not required to send any digital files, proceed with or complete the commission until all outstanding payments are done in full by the Client.
The Client reserves the right to request detailed breakdowns of pricing before each payment.
All fees charged under "PayPal fees" are calculated at a rate of 4.99% + USD$0.49 based on Paypal Fee Calculator. This rate is current as of 8 July 2023 and is subject to change at the time of the commission.
Expedition of a commission must be requested during the discussion period or before the commission commences. Levira2019 retains the right to decline any requests for expedition past the mentioned timeframes. Rush fees will be charged depending on the type and complexity of the commission and the timeframe proposed by the client. The final decision of expedition remains with Levira2019.
TERMINATION
Upfront payment is not refundable past 7 days from the commencement date of the project. The Client understands that refunds requested within the period will be considered but not guaranteed.
Initial payment is not refundable if project is dissolved during Stage 1. If project is dissolved after that, the Client will be billed for the completed hours up through that date. Payment is due within 7 days of the date of issue of the invoice. Levira2019 has the right to put the project on hold and charge interest if payments are past due without prior understanding. Interest charge is 10%.
If termination is requested by Levira2019 due to reasons not included in the "Force Majeure" section, a refund will be discussed and provided along with any incomplete works only equivalent to the stage of the project at the time of termination. This policy does not apply to terminations made in response to Client violation of policy.
OUT-OF-SCOPE
Prior to commencing any work or additional services that are beyond the scope of this agreement, Levira2019 will submit an estimate for the work/service to the Client, all parties will discuss it, and the Client's written permission will be required before proceeding.
FORCE MAJEURE
Levira2019 is not in breach of this agreement if she is unable to complete the services or any portion therof by reason of fire, natural disasters, labour dispute. act of God or public enemy, death, illness or incapacity of Designer or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Designer's control (collectively, "Force Majeure Event"). Upon occurrence of any Force Majeure Event, Levira2019 will give notice of her inability to perform or delay her completion services and will p ropose revisions to the schedule for completion of the services.
AGREEMENT
By moving forward with the project you agree to have read all the terms and conditions and policies stated on this page and that you agree to all mentioned terms, budget and to pay by invoice due date.
RIGHT TO MODIFY (ALTERATIONS)
If the Client intends to modify the final artwork in any way, except for changing the size while maintaining the resolution for web, they must first contact Levira2019 for permission.
No third party outside of the commission agreement, including artists, designers, content creators or manufacturers, may modify the final artwork in any way without the explicit permission of both Levira2019 and the Client.
The Client understands that any modifications after the artwork has been finalised will require an additional fee.