“Moleworks” 3D Model Commission

Terms of Service

The parties agree as follows:

I. Preface:

1. Client agrees, under penalty of contract violation, non-refundable cancellation of their commission, and ban from future “Moleworks” services, that they are at least 18 years of age.

2. Client also agrees that they are willing and able to pay for services rendered, according to terms, through one of the venues provided by Artist or another agreed upon service.

3. Client agrees that either:

· They are in possession of the legal rights to commission a Work of the character depicted.

· They have obtained permission from the appropriate rights holder.

II. The Project:

1. Client is commissioning: ………………………………………………………………………..created by the Artist to the following specifications:

(output from form)

III. Payment Amounts:

1. A list of specifications and relevant price of the Artist’s work is attached for reference. Parties will agree to price in writing prior to the commencement of the project.

IV. Payment Terms:

1. A non-refundable deposit of 50% of the selling price of the work is payable upon signing of the contract.

2. Outstanding balance in full is due upon delivery of artwork(s). Payment is considered complete upon verified arrival in Artist’s account.

V. Currency Conversion:

1. All payments are to be made in USD.

2. Client bears the sole responsibility for currency conversion costs, bank transfer fees, payment provider service fees and any other costs involved in transferring funds to the Artist.

VI. Right of Refusal: 

1. If the Client does not wish to purchase the commissioned artwork, the Client may refuse. In that case, the Artist will retain the refused artwork and the non-refundable deposit. This is free of any claims or interests of the Client and the Client will not owe any additional fees to the Artist.

2. Conversely, the Artist may decline a commission for any reason.

VII. Scope:

1. Artist’s services will be limited to the agreed upon Project according to the outlined specifications. Any additional services required must be communicated to the artist for review as a new Project. This includes common model variations such as:

· New clothing

· Alternate hairstyles

· Texture variants

2. As a new Project, the Artist may revisit the right to decline at their discretion. Artist will not provide additional services not described in the commission form unless agreed upon in advance. Prices on such unique services may vary.

VIII. Process:

1. After payment is received, the Artist will provide the Client with periodic updates to allow the Client to approve and request adjustments. These times will usually include:

· Upon completion of the base mesh

· Upon completion of base textures

· Upon completion of clothing mesh

· Upon completion of clothing textures

· Upon completion of hair mesh

· Upon completion of hair textures

· Upon completion of rigging and physics creation (if applicable)

Please note these milestones may not necessarily be in the above order.

2. The finished Work will be verified by the Client before delivery.

IX. Revisions:

1. Client is entitled to a reasonable number of revisions, free of charge, prior to completion of the Work.

2. Responsibility lies on the Client to communicate these revisions to the Artist in a timely manner. Failure to do so will be regarded as implicit approval of Artist’s progress. Client is also entitled to 3 small revisions after delivery to account for any possible defect in the Work.

3. The Artist may also choose, in rare circumstances, to voluntarily revise a Work to repair unseen defects.

4. Any revisions exceeding this scope will require a prior mutual agreement and will result in a proportional increase of value.

X. Timeline:

1. Please allow 1-4 weeks for completion of models from template, 1-4 months for bespoke models. The Artist will notify the Client of any delays.

XI. Delivery:

1. The Work will be delivered digitally to the client at the email address provided, in an archive format of the Client’s choosing. This archive will contain copies of the Work in all formats requested by the Client.

2. The Client holds responsibility for ensuring the validity of the email address provided. The Artist will expend reasonable effort to determine a mutually available form of delivery if promptly informed by Client. However, they hold no responsibility if Client fails to inform them of their inability to receive the Work.

3. Client also holds responsibility for proper storage of the Work on delivery. While the Artist is happy to provide a copy of the Work in the case of data loss, they do not guarantee nor hold responsibility for the Work’s long-term storage.

XII. Copyright:

1. Artist reserves the common-law copyright to all works commissioned by Client that are created by the Artist, including all reproduction rights and the right to claim statutory copyright. No work may be reproduced by Client without the prior written approval of Artist.

2. The Artist reserves the right to distribute, copy, or reproduce visual media derived from the finished Work as a sample for self-promotion.

XIII. Personal Usage:

1. The Client is granted the right to use the Work for their own personal enjoyment. This includes, but is not limited to:

· Creating derivatives (“edits”) of the Work, provided the depicted character’s image is preserved.

· Creating noncommercial visual media utilizing the Work.

· Redistributing the Work for the personal enjoyment of others, with prior written consent of the Artist and all of Artist’s marks including signatures, “readme’s” and embedded information preserved.

o Alteration of the Work to remove the Artist’s mark is considered a violation of contract and may result in the Client being banned from using Artist’s services in the future.

XIV. Commercial Usage:

1. Purchase of commercial rights does not imply the transfer of copyright, only the license to utilize the work in commercial visual media (IE: promotional renders, animation, “VTubing”, etc.).

2. Purchase of commercial rights does not imply the right to:

· Resell the Work on its own or as part of a collection unless otherwise agreed in writing. This agreement is wholly separate from the initial contract and will be reached on a per-Project basis.

· Profit from derivatives (“edits”) of the Work.

· Use any element of the Work in the creation of commercially available works of a similar nature (3D models).

· Distribute or reference the Work using any past, present and future blockchain-associated technologies, all past, present or future NFT marketplaces, or be made into NFTs or Cryptocurrencies under ANY AND ALL circumstances at any time.

§ This includes all past, present and future derivatives, versions, evolutions of these prior mentioned technologies, selling platforms or trading/investing spaces; this includes public or private websites and/or mobile applications. This includes actions performed by means such as a bot or human decision.

§ If it is discovered that the Client uses any past, present or future commissioned Work created by “Moleworks” (@molechan/@moleworks_games/mole.works) as an NFT or Cryptocurrency in any form whatsoever at any time; the Client shall:

· Be banned from using “Moleworks”’s services.

· Pay “Moleworks”(@ molechan/@moleworks_games/mole.works) the entire amount earned from NFT and Cryptocurrency sales (using a regulated, government recognized currency; preferably USD via Ko-Fi, Stripe, or Bank Transfer)

XV. Liability:

1. The Artist claims no responsibility for any damages incurred by use of the Work.

2. Additionally, Artist claims no responsibility for Client’s inability to utilize the Work.

XVI. Refunds:

1. If, for any unjustifiable reason, the Artist is unable to fulfill delivery of the Work within four months, a full refund will be offered to the Client. This makes exception for extenuating circumstances such as illness, accident or any other credibly documented reason for interruption of work.

2. Any right to refund is waived upon delivery of the Work. Responsibility lies on the Client to:

· Request any alterations from the Artist within the timeframe of the commission.

· Verify their system’s compatibility with the Work.

XVII. Cancellations:

1. The Artist reserves the right to cancel a commission for any reason, including but not limited to:

· Known inability to deliver the Work.

· Violation of contract.

· Unreasonable or ill-defined scope.

· Inability to communicate with Client for confirmation or follow-up for a period in excess of two weeks. Artist’s own inability to respond due to extenuating circumstances will not be counted towards this period.

· Disrespectful behavior on the part of the Client.

In all cases save for violation of contract, the Client is entitled to full or partial compensation depending on the work completed. Cancellations owing to the inability of the Artist to deliver the Work will favor the Client. Artist reserves all right to refuse commissions from the Client in the future in cases where fault lies with the Client.

2. If an order is canceled due to Client’s use or intent to use the Work in association with past, present or future blockchain-affiliated technology, markets and evolutions, no refund will be issued and the Client will be banned and required to forfeit all profits stemming from NFT and Cryptocurrency sales, as outlined in Section XIII (“Commercial License”).