Terms of Service.
These are the terms you agree to when commissioning Atorie Solace. Read them carefully as the commission process might not continue if you don’t agree to the terms listed here.
I understand and wish to commission:
General Terms
╰ Clients may not use our services to create or share any content that is illegal, offensive, or infringes on other intellectual property rights
╰ Clients may not use our services to create pornographic content
╰ Clients may not use our work to train for any kind of Artificial Intelligence models and future similar inventions and may not be used for NFT and blockchains
╰ Clients may not edit or alter commissioned products in any way
╰ Failure to comply with the Terms of Service will result in the client being blacklisted by Atorie Solace
General Client Terms
╰ Clients will need to credit Atorie Solace for all the assets created by the studio (Ex: Overlays (@AtorieSolace))
╰ The client is required to provide the required assets three (3) weeks before the deadline at the latest. Failure to provide within the time allocated will incur a rush fee or changes in the project timeline, refer to Payment for details
╰ The character design, reference material, and other intellectual property provided to the studio by the client are legally obtained and authorized for use
Communication
╰ Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more
╰ Communication will occur through Discord where clients will have their dedicated channel regarding their commission
╰ Creators' response time will take 1-2 business days
╰ If there are any deadlines or adjustments to the timeline, the client will be informed
╰ The Creator and Client agree to discuss relevant matters concerning the project. Both parties have the right to decline other topics of discussion
Confidentiality
╰ Atorie Solace will not disclose any kind of information(s) about any client
╰ Atorie Solace will have the right to stream or publish the project unless the client paid for a private/NDA commission fee
╰ Private and NDA (Non-Disclosure Agreement) option is available for 50~100% of the final project price depending on the project scale
Publishing
License for Atorie Solace
╰ Atorie Solace has the right to publish our work as a portfolio
╰ Atorie Solace has the right to claim their work as their own
╰ Atorie Solace has the right to stream the work unless an NDA is agreed upon
╰ Atorie Solace has the right to use rejected work in progress and versions for other projects according to their discretion, under the condition that it does not infringe the Client's intellectual property rights and ownership of their likeness, character design, branding, identity design, or any such trademarks
License for Clients
╰ Client has the right to use the commissioned work as outlined and agreed upon in the Commercial Use Section
╰ Clients will not in any way claim our work as their own
╰ Reproducing work without prior agreement is prohibited
╰ Using work for Extended Commercial Use (⁺refer to Commercial Use) without prior agreement is prohibited
𖧷 Commercial Use
Our commissions already include the Standard Commercial License within the product, if you want to purchase an Extended Commercial License please do contact us for further information
╰ Standard Commercial License - this encompasses use in which you will indirectly make a profit. Examples include promotional videos, music videos, streaming assets, and streaming activities’ promotion
╰ Extended Commercial License - this encompasses use in which you will directly make a profit. Examples include merchandising, redistribution or reselling the commissioned product e.g. members-only perks, and advertising that is not directly related to streaming activities such as merchandise announcements
Payment
╰ Atorie Solace prioritizes payments through Paypal
╰ Atorie Solace only accepts payment in USD
╰ Client will be provided with a project manager, which will incur a management fee of 5%
╰ Clients are expected to pay in full for projects up to $150, or 50% down payment for higher value projects
╰ Clients can request a payment plan however, the final project files will only be handed over once the payment is complete
╰ Invoices and proposals will be sent to the clients when the studio is ready to begin work on the project. Clients must not send money before these requests for payment from the studio
╰ Invoices must be paid within 72 hours or the project may be canceled
╰ Prices may vary based on complexity, requirements, and/or additional requests
╰ There are no physically shipped goods to receive. All deliverables are digital files
╰ Rush fees begin at +50% minimum and may increase depending on the project and the time frame provided
╰ Clients are not authorized to issue a chargeback
Refunds
╰ Refunds will be done within 1-2 weeks
╰ Full refunds can only be done within the pre-production stage
╰ If Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund according to the amount of work complete
╰ Once project has entered Production stage, the terms will change as follows:
→ Sketch Stage - 75% Refund
→ Rendering Stage - 50% to 25% Refund depending on how much progress has been made during the rendering stage
→ Final Stage - No Refunds
Process
𖧷 Pre-Production
╰ The client will fill out the form provided by Atorie Solace
╰ Atorie Solace will email you the project proposal upon selection and payment will be made upfront once the details are agreed upon
╰ After payment has been made, the timeline of the production will be made. All projects will have a different timeline depending on the scale and complexity of the project
╰ It is the client's responsibility to plan launches and streams according to the timeline provided. Excessive or delayed revisions are subjected to additional fees and later deadlines
𖧷 Production
Atorie Solace will only work from Monday to Friday. Social media will still be active during weekends but any work progress will be updated on weekdays.
Sketch Stage
→ You’ll be given the sketch based on the timeline provided.
→ You can make major revisions during the sketch period 3 times.
Rendering Stage
→ After the sketch is approved, we will move on to the rendering stage.
→ You can only make minor revisions during this period 3 times.
Final Stage
→ We will provide you with the final product.
→ The file provided will have JPG/PNG/MP4/GIF/WEBM format.
→ You can not make any changes during this period.
𖧷 Post-production
We offer free revisions after Production if there’s a problem with the file and if there’s a mistake we made during the production period. Revisions outside that category will cost more.
Indemnification
╰ Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims
╰ If the Client's rights and the terms of this agreement are violated or the Work is not delivered as agreed, due to the Artist's negligence, the Artist will work to remedy the situation first according to the terms aforementioned and otherwise to the satisfaction of the client
╰ If the client’s rights and their terms of agreement were violated or if the work was not delivered as agreed (due to the Artist's negligence). Atorie Solace will work to remedy the situation according to the terms of service and otherwise to the satisfaction of the client within reasonable circumstances
Acceptance
╰ By agreeing to Atorie Solace’s terms and services, the Client is agreeing that they are above the age of 18 or have a legal guardian to make this agreement on their behalf
The first transaction between the Client and the studio marks the agreement date.
╰ Or that the Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
╰ The agreement date is upon the first inquiry/communication or first transaction. (or by use of a digital signature program for a more legally binding and enforceable agreement if the Artist does choose to)