Our Terms of Service
Functionality You Will Love
01
Payments
Payment can be half and half; I only accept Paypal. If you live in the Philippines you can choose to pay me through Maya. I will not accept Gift Cheques or any other form of credit. Prices can be converted to local currency in case you live in the Philippines. We can discuss the details of where to deposit when the commission is accepted.
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Estimated Waiting Time
Given that I am a Freelance Designer/Artist, timing may vary. Projects may line up at any given time. I begin the project that makes initial deposits first. It usually takes one to three weeks to complete a commission, depending on how complicated the project is. More elements in the commission will also mean longer waiting times. Specifics will be discussed with you along with the reference and specifics of the commission.
02
Refunds?
No, I am sorry, but I do not do refunds so please be certain that you want to place an order before doing so. Once payment is sent, no refunds will be issued but if above and beyond a very specific situation prevents me from completing your commission. In such cases, as discussed individually, I will give a full refund.
04
WIPs and Revisions
I will show WIPs and do revisions. Most of the WIP will be shown on Facebook unless asked otherwise. With revisions, you can ask me to change/correct only twice. After that, extra revisions may cost an extra fee.
Copyrights
Diwa Fernandez-Velez assumes that each commission has permission from the client to use any images or design elements that are provided by the hiree for inclusion in the commission, and will hold harmless, protect, and defend Diwa Fernandez-Velez from any claim or suit arising from the use of such elements. Diwa retains the right to display graphics and other content elements as examples of their work in their portfolio and as content features in other projects.
Artist Licensing Agreement
Scope of this Agreement.
This Agreement applies to any image, graphics, digital assets, or digital images created or taken by Diwa G. Fernandez-Velez (hereafter known referred to as “the Artist”) and delivered to the Client (collectively known as “IMAGES”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
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Rights
All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed-upon terms as set forth in the Client Invoice and signed by both parties. Images used for any purpose not directly related outside of those terms must be with the express permission of the Artist and may include the payment of additional fees unless otherwise agreed to in writing. Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and the Client will be responsible to the Artist for any penalties and awards available under that statute.
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Relationship of the Parties
The parties agree that the Artist is an independent contractor and that neither the Artist nor the Artist’s employees or contract personnel are, or shall be deemed to be, employees of the Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as an agent or bind the other party except as expressly stated in this Agreement. The artist and the Images or any other deliverables prepared by the Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to the Client are contractual in nature and are expressly defined by this Agreement.
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Creation: The manner and method of creating any Image are solely at the discretion of the Artist and the Client has no right to control the Artist’s manner and method of performance under this Agreement. The Artist will use his/her best efforts to:
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ensure that the Images conform to the Client’s specifications; and
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submit all Images to the Client in publishable quality, on or before the applicable deadlines
Delivery: The artist may select delivery of commission in PNG, or other standard formats at a resolution that the Artist determines will be suitable for the Images as licensed. It is the Client’s responsibility to verify that the Images are suitable for reproduction and that if the Images are not deemed suitable, to notify the Artist within five (5) business days. Artist’s sole obligation will be to replace the Images at a suitable resolution but in no event will Artist be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided, the Artist is not responsible for providing images:
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Larger than A4 international size at 300 dpi – (Any size higher will incur additional charges)
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Any format higher than 8-bit or in RAW format. The artist has no obligation to retain or archive any Images delivered to the Client.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. The client is free to engage others to perform services of the same or similar nature to those provided by the Artist, and the Artist shall be entitled to offer and provide services to others, solicit other clients, and otherwise advertise the services offered by the Artist.
Transfer and Assignment: The client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and the Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
This Artist Licensing Agreement policy statement is updated on December 30, 2023, and may have a change in the future with or without notice. You should read this privacy policy on this page in the future when updated.
Live2d/Vtuber TOS
If you want a custom 2D VTuber, you’ve come to the right place!
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Be familiar with the Vtube Studio program and test it on your computer before getting a commission, the artist is not liable should the program not run well on your hardware.
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Be aware of your streaming platform’s attire policy: [Twitch] [Youtube]
Your character is called a model. It can be drawn in any art program as long as it can be exported or saved as a PSD file. The rigging program we use is called Live2d Cubism.
Process/Timeline
This is how the commission will be processed
Design Discussion > Payment > Drawing / Modeling > Rigging / Animating > Testing / Tracking
Design Discussion
Fill up and submit the commission form. We [the artist] will contact you and arrange a discussion. This can be done either via email or Discord.
Please be prepared with relevant details. So, ask yourself at least these questions:
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Is it a half-body or full-body?
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Will there be any features like floating objects around the model?
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Think about key features of your model and how your model would look in movement.
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Please note that there may be limitations to what you want, so be sure to discuss this extensively.
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What kind of animation do you want to be added?
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What kind of emote do you want to have? For example:
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💢Angry,💧sweat drop, blush, etc.
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Depending on the details, there may be some additional costs. This is the time to finalize the elements you want for your model. Please be aware that additions may take more time.
Payment Method
After the discussion, We will send an invoice via Paypal.
The invoice can be paid in half or in full.
Once the payment is sent, We will proceed to draw the model.
If there are any additional changes after the initial payment, We will discuss it, and depending on the complexity, additional charges will be sent as another invoice or a link using ‘paypal.me/dnbdesigns’
Drawing & Modeling
The canvas size will be at least 5000 pixels tall. The model art must be drawn in a specific way, this will be discussed at your discretion during the discussion phase.
For updates, you can watch me over on twitch.
If and when the client is not able to watch the stream, We will send screenshot updates of the commission.
Rigging & Animating
At this point, we will no longer entertain changes or additional features to the model. Please be aware of this when you approve the model for rigging.
tracking & testing
During this phase, the final payment (if applicable) and further charges due to additional features, changes, et. al. will be due. We will be fine-tuning the model’s rigging and animation. Once it’s passed our QA, we will send the files over to you.