• dailybirba: The individual producing the Commission.
• Client: The individual purchasing the Commission.
• Commission: The form of service and limited use license provided by dailybirba to the Client as per the Commission Agreement. “Commission,” “Art[work],” “Model,” “Project” may be used interchangeably.
• Commission Agreement: The agreement between dailybirba and the Client documented via purchase and correspondence that discusses pertinent Commission information including but not limited to:
  The subject matter and type of Commission to be produced, the Commission price and payments method, the expected schedule to commence the Start of Work, and - if applicable - the Commission deadline, early termination circumstances, contact information, communication frequency and methods, the rights of usage and ownership of produced Commission, optional charges such as express/privacy fees, as well as any Terms of Service developed in addition to those herein.
  The Commission Agreement is subject to revision by dailybirba or the Client until signed and dated by both parties in a legally binding contract.
  Ultimately, the Commission Agreement will usually conclude with:
  "This Agreement is the final, complete and exclusive agreement of the parties concerning the subject matter hereof and supersedes and merges all prior communications between dailybirba/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 both parties."
• Start of Work: The point in time by which dailybirba begins to create the Commission.
• 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.
• Social Media: Online locations where the Commission may be displayed. This includes but not limited to:
  Social Media platforms such as Twitter and YouTube, or personal websites such as dailybirba.com. Social Media as defined herein excludes sites that promotes hateful or racist imagery, illegal activities, or locations or organizations known to display, reproduce, and/or sell works without crediting dailybirba.

1. Legal Eligibility
The Client must be at least 18 years old and legally eligible to enter into a Commission Agreement with dailybirba.

2. Commission Order Form
Prospective Clients will be asked to fill out the Commission Order Form in which they must specify the content of the Commission to the best of their abilities.

2a. Commission Acceptance
Commissions are not accepted on a "first come, first serve" basis. Commission orders are accepted according to dailybirba's skill level, interest in the subject matter, complexity of the Commission content, flexibility of schedule, and pricing. Under no circumstances may the Client request dailybirba to work with materials generated with AI software.

3. Inappropriate Content
Contents of the Commission must not be overly explicit or offensive. Specific restrictions include but are not limited to pornographic material, political art, or any form of hateful content that promotes discrimination or violence against people based on specific attributes.

3a. Copyrighted IP
Commission orders with content based on copyrighted intellectual property(IP) may be declined unless the Client is legally authorized such usage by the copyright owner and concurs to the United States Copyright Law.

4. Client Information
The Client may be asked to provide personal information including but not limited to: name, payment information, and contact details. The Client must not provide false information or substitute with information pertaining to non-participants of the Commission Agreement.

5. Communication Methods
dailybirba's preferred communication method is via Twitter DM, Discord DM, or email. The Client must be able to communicate in English or Korean. Any written or spoken communication relevant to the Commission may be kept on file to ensure the safety of both parties.

5a. Correspondence
The Client must remain communicative and provide appropriate feedback throughout the Commission process to ensure the quality and deliverability of the Commission. It is the Client's responsibility to notify dailybirba should any changes to their contact details occur. The Commission Agreement may be terminated as per Term 25 in the event the Client remains uncommunicative for more than 14 days.

6. Sale
By Commissioning dailybirba, the Client is purchasing dailybirba's service and the limited rights to use (see section Rights and Usage) the contents of the produced Commission at the value defined in the Commission Agreement.

7. Payment Method
Payments are accepted in US dollars(USD) via PayPal Invoicing services. Invoices will only be billed to the e-mail address provided in the Commission Agreement. The Client may not involve payment accounts pertaining to non-participants of the Commission Agreement.

7a. Payment Structure
The Client is expected to pay at least 50% of the total Commission cost upon signing the Commission Agreement and the remaining amount before the Commission is delivered. The Client may not receive any finished artwork or working files until the total Commission cost is paid.

7b. Payment Window
Invoices must be paid within 48 hours from its issue unless discussed otherwise. The Client is responsible for contacting dailybirba to confirm payment or notify any transaction conflicts. Nonpayment may result in termination of the Commission Agreement.

8. Chargeback
In the event an illegimate chargeback is filed against dailybirba, the Client forfeits all rights and ownership interests of any kind pertaining to the Commission. Subsequently, dailybirba may use, modify, or resell any part of the Commission to substitute compensation if the chargeback dispute case is closed without reversal.

9. Commission Pricing
The Client may refer to the Commission page for an estimation of cost. The Commission page should serve as a guide only as it may not accurately represent the final cost of a particular Commission.

10. Non-Disclosure Agreement(NDA)
The Client may request an NDA for an additional fee. dailybirba will temporarily delay the display of the Commission on Public Spaces or Social Media until such time the Commission Agreement specifies public display is permitted. The Client may not request dailybirba to indefinitely defer public display.

11. Additional Changes
Additional fees may incur in the event the Client requests changes to the Commission beyond what is defined within the Commission Agreement. Depending on dailybirba's availability, such requests may or may not be accommodated.

12. Commission Process
   - Commission Inquiry
   - Submit Commission Order Form
   - Cost Quote
   - Sign Commission Agreement
   - Invoice and 1st Payment
   - Start of Work
   - WIP Updates & Feedback
   - Remainder Payment & Commission Delivery
   - 2-weeks A/S Period
   - Commission Concluded

13. Work-in-Progress(WIP) Update
Visual updates of the Commission progress will be shared approximately once every other week after Start of Work. All updates are shared voluntarily by dailybirba and should not be demanded by the Client.

14. Turnaround Time(TAT)
The average turnaround time for a Commission can be anywhere between 2-16 weeks and may extend depending on the complexity of the Commission and dailybirba's schedule. The Client may not demand early delivery unless a deadline was otherwise specified and agreed upon within the Commission Agreement before the Start of Work.

15. Commission Delivery
All Commission deliverables are digital; no physical material will be shipped to the Client. Commission contents will be delivered to the Client via email attachment, online download location(e.g. Google Drive), or Discord DM in a compressed .ZIP format. Depending on the type of Commission, deliverables may include model runtime files such as .MOC3 file(s) and .JSON file(s), .JPG/.JPEG file(s), and/or .PNG file(s), etc. Project file formats such as .PSD, .CLIP, .CMO3, or .CAN3 are not included unless otherwise discussed.

16. Revisions
All necessary revisions should be discussed promptly after each the WIP update. Delayed revision requests on areas that have already been confirmed before may not be obliged.

 

16a. After Service(A/S)
The Client may request revisions to a finished Commission by contacting dailybirba within 2 weeks of the Commission's delivery. Revisions requested after this 2-weeks period may not be obliged. All revisions must be within the scope of specifications defined in the Commission Agreement.

17. Copyright and Authorship
dailybirba retains rights as the copyright owner and author of the Commission and may display the contents of the Commission on Public Spaces and Social Media at anytime unless otherwise defined in the Commission Agreement. dailybirba may pursue damages should there exist a violation under the United States Copyright Law in addition to a breach of the Commission Agreement.

18. Artist Credit
The Client is required to "tag" or credit dailybirba as the author whenever the produced Commission is displayed on Public Spaces or Social Media. Specifically, dailybirba's name, Social Media handles, or website link must be prominently presented.

19. Reputation
The Client must not permit any inappropriate use of the Commission or misuse dailybirba’s name that would discredit their reputation as an artist/rigger. Additionally, the Commission may not be used or displayed in any way that may misrepresent its original appearance or intent.

20. Unauthorized Modification
The Client may not edit, alter, or trace any part of the Commission content without dailybirba's explicit consent. Under no circumstances may the Client use the Commission contents to generate derivatives using AI(artificial intelligence) software.

21. Unauthorized Distribution
The Client may not distribute, resell, or reproduce any part of the Commission content without first discussing with dailybirba. Using the Commission contents for non-fungible tokens(NFT) or cryptocurrency is strictly prohibited.

22. Contests
The Commission may not be submitted to online or offline contests/competitions unless otherwise discussed beforehand.

23. Commercial Usage(Digital)
As long as the terms of the Commission Agreement are not breached, the Client is permitted the limited commercial rights to use the contents of the Commission for intangible commerce purposes such as online Social Media promotions, monetization via streaming activities, or digital goods.

23a. Commercial Usage(Physical)
Excepting Live2d Vtuber Model Commissions, using the Commission contents for any sort of tangible merchandise is prohibited unless otherwise specified and agreed upon within the Commission Agreement.

24. Termination
dailybirba reserves the right to refuse service and terminate the Commission Agreement at any time for any reason or no reason upon written notice to the Client.

25. Refund Policy
A refund may be issued only under the following circumstances:
     (a) if the Commission Agreement is terminated before Start of Work; or
     (b) if no progress is made for more than 12 consecutive weeks; or
     (c) if dailybirba fails to meet the responsibilities and obligations under the Commission Agreement.

25a. Refund Amount
Under circumstances mentioned in Term 25, the amount of the refund will be calculated according to the Commission's progress and the Client's rights and ownership of the contents of the Commission thereafter. No amount of refund will be issued if the Commission Agreement is terminated after Start or Work and due to the Client's rude or inappropriate behavior, poor communication, or breach of the Commission Agreement.