TERMS OF SERVICE

Terms of Service

DISCLAIMER
The following Terms and Conditions are for Commissions provided by the Artist ( KIDKYAN ).
Commissioning the Artist will indicate that you accept all of the following Terms of Service, including changes or modifications of such terms and conditions in the future.

CONTENT OF SERVICE
1. Commissions are all digital goods unless stated otherwise in the Commission Agreement.
2. Complete work is delivered electronically via an online download location in .PNG / .GIF / .SVG format; this does not include the Commission native files (e.g., .psd, .clip, .ai ) unless agreed upon in the Commission Agreement, or the Client obtains written permission from the Artist.
3. The Artist does not provide any service for AI, NFT, sexually explicit content, racist, or violent purposes.
4. The Artist does not permit any art created to be uploaded to any machine-learning model.

CLIENT OBLIGATION
1. The Client must specify the content of the Commission to the best of their ability. The Client is responsible for providing important information and a clear description/reference to the Artist prior to a Commission Agreement. Failing to provide information may result in the Artist’s inability to complete the Commission to the Client’s fullest satisfaction, for which the Client will be held responsible.
2. The Client is obligated to respond to the Artist in a timely fashion. The Artist will not be held responsible for late delivery due to the Client’s negligence of communication. The absence of communication longer than 4 weeks will be considered a cancellation with no refund.

DESCRIPTION
1. Display size of the Commission is set at a default maximum resolution of 2550 x 3300 px – 300 dpi in RGB color mode. Custom display settings of the Commission are available upon request. A larger display size will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to the start of work.
2. All prices are as a guide only and may not represent the final price of a particular Commission.
3. Commissions for commercial purposes will incur additional fees, to be defined and agreed upon in the Commission Agreement prior to the start of work.
4. A complex Commission will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to the start of work.

PRIORITIES OF OFFER
1. Commission offers that satisfy the following components are placed as a higher priority than other offers. These components include the Artist’s skill level, availability, flexibility of deadlines, and subject matter.
2. The Artist has the right to refuse any Commission request, without needing to explain the reason.
3. The Artist will refuse any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials / fetishes / political agenda / any form of hateful, racist, or gory imagery.

PAYMENT
1. Full payment must be made in the signing of the Commission Agreement prior to the Start of Work, or alternatively, a 50% up-front deposit can be paid to reserve a Commission queue.
2. In the event that payment is made in installments (i.e. 50% deposit), ownership of the Commission will only pass from the Artist to the Client on receipt of payment in full. The Commission will not be sent to the Client until the agreed payment amount has been received. Any further work on the Commission will be withheld until the agreement is made and payment received.
3. Payment method is determined as written in the Commission Agreement prior to the Start of Work. The Artist’s preferred payment method is via Paypal / Stripe / Zelle. Additional payment methods can be made available to the Client upon request.
4. Currency: All prices are expressed in US Dollars (USD). The Client is responsible for ensuring that they have converted currencies based on current exchange rates.

REVISION
1. Revisions are categorized as major and minor revisions, in which each category has its limits and timing. It is up to the Artist’s discretion as to what constitutes minor and major revisions.
2. The timing and amount of takes in which the Client is allowed revision is to be defined and agreed upon prior to a Commission Agreement. The extra revision will incur additional fees, also to be defined and agreed upon in the Commission Agreement prior to the start of work.
3. Revisions due to the Artist’s negligence are free of charge.

DEADLINES AND DELIVERY
1. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to the start of work.
2. The Artist works on a regular turnaround of 60 to 90 days unless stated otherwise in the Commission Agreement.
3. The Artist must give a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished illustration prior to the Start of Work.
4. The Artist will inform the Client of progress (including photos) or if changes to completion times have occurred. The Artist is not obliged to explain the reasoning behind extensions or delays for the completion of a Commission.
5. Delivery of complete work is submitted through an online download location (eg. GoogleDrive) for a finite period of time. The Client is obliged to download and store a copy of the delivered work before the download location expires.

CANCELLATION
1. The Artist reserves the right to stop work on a Commission or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in English or Thai, or a breach of these Terms of Service. The Artist also reserves the right to stop or cancel work in the event of an emergency, accident, or illness.
2. The Client can cancel the Commission only prior to the start of work.

REFUNDS
1. Full refund can be issued if the Client cancels the Artist prior to the start of work.
2. Refunds are not allowed after the start of W\work, or if any of these Terms of Service are breached during any period of the commission.
3. Disliking the Commission or change of mind are not considered for a refund; this is minimalized by providing drafts and progress photos throughout the Commission process.
4. Full refund will be issued in the event that the Artist must cancel work due to sudden unavailability or emergency.

INTELLECTUAL PROPERTY RIGHTS / COPYRIGHT
1. Original works on the Artist’s website, or at any links associated with this site, and commissions authored by KIDKYAN are registered and protected under the Copyright Act and may not be used without explicit written permission of the artist.
2. The Artist retains all rights to the commission, which includes but is not limited to Distribution, reproduction, and use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a “Transfer of Copyright Agreement” as defined in the Client Documents.
3. The Client can request a nondisclosure agreement (NDA). NDA will incur additional fees, to be defined and agreed upon in the Commission Agreement prior to the start of work.

REPRODUCTION
1. The Artist reserves all reproduction rights, including the right to claim statutory copyright, on all works.
2. Sale, publication, or reproduction in any manner is strictly prohibited without prior express, written consent of the Artist. The publication also encompasses social media, including but not limited to: Facebook, Instagram, Twitter, and any other similar platform.
3. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.
4. The Client may not edit, alter, or trace the Commission without the Artist’s express, written permission, or as agreed upon in the Commission Agreement prior to the start of work.
5. The Client is granted permission to display the commission in Profiles as long as the Artist’s name is prominently displayed.
6. Distributing any Commission from the Artist to the NFT / AI site community is strictly prohibited.

DISPUTE
1. In case of disputes, the Artist reserves the right to export communication records (eg. screenshots) between the Client with timestamps. These records will never be shared in a way that would expose the Client but may be shown to third parties involved in solving the arising dispute.

DEFINITION
* Artist : The individual producing the Commission
* Client : The individual or organization purchasing the Commission.
* Commission : The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and in Commission correspondence.
* Commission Agreement : The discussion, documented via online message system or email (or where email is not available, via Postal Service), in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, Transfer of Copyright, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years. Ultimately, the Commission Agreement will usually conclude with: “This agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed by the Artist.”
* Start of Work : The point in time by which the Client has approved the Artist to start work on the Commission (e.g., Artist begins to create the Commission).
* Profile(s) : Online locations where the Commission may be displayed (e.g., “galleries,” such as kidkyan.me , Facebook, Instagram, and Twitter albums, DeviantART.com, etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.
* Personal Space : Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.
* Public Space : Offline locations that do not fall under “Personal Space” above.
* Commercial Purpose : Any image or project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to the Start of Work.
* Commercial Purpose Commission Agreement : A Commission Agreement developed specifically for Commercial Purpose Commissions. A Commercial Purpose Commission Agreement requires separate Terms of Service, developed on a case-by-case basis.
* Transfer of Copyright Agreement : The discussion, documented via online message system or email (or where email is not available, via Postal Service), in which the Artist and Client agree to transfer Copyright of the Commission from the Artist to the Client. This does not include Trademark.