Xaber's
Terms of Services
Please note that the TOS is subject to change at any time, so please read again if needed.
Any specific changes to the TOS made after a client's accepted commission will not be enforced.
By requesting a commission, the client agrees to and understand the terms below.
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ⓘ General Terms
➜ The artist reserves the right to decline any commission.
➜ The client must be 18+ to make a request.
➜ Commissions are digital products, no physical product will be shipped to the client.
➜ Prices are subject to change based on complexity of the request.
➜ Any sensitive information shared during the commission process will be kept confidential from both the artist and the client's end.
➜ The artworks created are subject to change in style and consistency as the artist's style or artistic growth may change over time.
➜ By commissioning, the client must agree to the artist's (XaberMix) TOS.
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˗ˋˏ$ˎˊ˗ Payment Process
➜ Clients will be listed in queue once payment has been confirmed and received by the artist before starting the commission.
➜ The artist requests that clients only proceed with commissions if they have the necessary funds prepared as there will be no refunds.
➜ If the client wishes to establish a payment plan, they must discuss it prior to submitting their commission request.
➜ Payment plans are only available for purchases over $200 (Minimum 50%).
➜ If a client fails to make the required payment within a specified timeframe (ghosting), the commission will automatically be cancelled and the client will be blacklisted from requesting future commissions.
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⊘ Refunds/Cancelation
➜ All payments are final. Refunds will not be issued once a purchase has been completed.
➜ The artist reserves the right to issue refunds at their own discretion.
➜ Clients requesting a refund will result in being blacklisted from future commissions.
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✔ Usage Rights
➜ The client may use the artwork for non-commercial or personal purposes (such as using the artwork for roleplay, stories, profile picture, banner, wallpaper.)
➜ The client may showcase the artwork on social media with proper credit to the artist (@xabermix).
➜ The client may purchase commercial rights at any time (during or after purchase).✖ Restrictions
➜ The client is prohibited to use the artwork for AI training or NFT related purposes.
➜ The client must not claim the artwork as their own.
➜ The client must not resell, edit, trace, or draw over the original artwork.
➜ The client must not use the artwork for monetized or commercial purposes unless the proper license has been purchased.
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For commissions with monetization/commercial merchandising purposes, a license fee will be applied as an additional percentage to the final total.
Monetized Content
A license is required for any use that brings in money, donations, or ad revenue, including but not limited to:
➜ Using the artwork as streaming assets (Vtuber & PNGtuber Model/Thumbnails/Schedules/Overlays/Mascot.)
➜ Using the artwork in any branding or promotional content for a product, service, or shop.
Commercial Merchandising
A separate license is required for any physical or digital products sold for profit, including but not limited to:
➜ Physical Goods: prints, charms, stickers, pins, keychains, apparel, etc.
➜ Digital goods: emotes, icons, graphics, or other downloadable assets intended for sale.
Note: Commercial products with intentions of reselling, redistributing, or transferring commercial rights to another party of the original artwork files itself is not permitted.
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🖋 Ownership & Licensing
➜ The artist retains ownership of the commissioned artwork and has the right to share it on their social media, portfolio, and other platforms, unless stated otherwise.
➜ Purchasing a license does not grant the right to use the commission for AI training, as reference for AI, or to be sold as an NFT.
➜ The client may not treat the artwork as their own property for unrestricted use. Do not claim credit or ownership over the commissioned artwork. There are specified usage rights stated for personal use, monetized content and commercial merchandising.
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✉︎ Request Guidelines
Anything that has not been listed here that may find unfit for the artist's vision, the artist will most likely decline if they believe they cannot do justice to the client’s desired request.
[✔] ACCEPTING!
✔ OCs
✔ Fanart
✔ Furry / Animals / Creatures
✔ Blood (slight gore / injuries)
✔ SKEB / Surprise (no revisions)
[✘] NOT ACCEPTING!
✘ Complex mecha
✘ Real people
✘ NSFW
✘ Suggestive content of underaged characters
✘ Offensive content / hate symbols
✘ Political / controversial topics
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✎ Process Overview
Confirmation:
╰┈➤ The artist will review the request and send a proposal to the client. Commissions will only start once the artist has received the payment. Clients will also be given a Trello link where they can check in with their position in the queue.
Sketch Phase:
╰┈➤ During this phase, clients will get a limit of 2 revision requests. Any additional major revisions will incur an additional fee per revision. Minor adjustments do not require extra fees unless they are excessive, and the artist will inform the client if a change is significant.
Work in Progress (WIP):
╰┈➤ The client will be updated throughout every phase of the work (sketch, color, finish). Please avoid repeatedly asking for updates as it can pressure the artist and disrupt their workflow. Kindly keep all communication respectful and considerate!
SKEB/Surprise Illustrations:
╰┈➤ These types of commissions will have no revisions and communications will be kept at a minimum.
Completion Timeline:
╰┈➤ Completion time may vary based on factors such as health, workload, and complexity. Generally, commissions take around 1–4 months to complete depending on the complexity of the client’s request. Clients will be notified ASAP if any issues arise.
Final Delivery:
╰┈➤ The completed artwork will be delivered to the client via Google Drive.
⚠ File Retention ⚠
The artist is NOT liable for storing or providing additional copies of any files under any circumstances. Once the client receives the final delivery, it is the client’s responsibility to securely store their files. The artist will NOT be responsible for any lost files after delivery. The client must ensure to backup copies immediately upon receiving the files!
⚠ Client Responsiveness & Deadlines ⚠
If the client is unresponsive during the commission process and a deadline is approaching, the artist reserves the right to proceed with the artwork without awaiting client approval on revisions. The final result will be considered accepted, and major revisions beyond the agreed scope may not be accommodated.
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⚠ Violation of Terms ⚠
Failure to comply with the terms will result in the artist’s right to terminate the commission at any time and blacklist the client. No refunds will be granted for any portion of the work already completed.
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⁺₊✧ You've reached the end! ✧₊⁺
Thank you for taking the time to read through my terms of service,
happy commissioning!⋅⋆⋅ [email protected] ⋅⋆⋅ Discord/VGen: @ xabermix ⋅⋆⋅