License Description:
Standard agreement including non-commercial use for the client.
1. This Agreement
This project agreement is between the artist and client. Commiss.io is a neutral third party providing hosting, technology, and dispute resolution services.
This license and agreement is entered into between the
artist and the
client (the
“parties”). The parties are members of Commiss.io and have agreed to the
Terms of Service as part of their membership. This agreement applies to relevant projects entered into by the parties when purchasing or selling services. The
Terms of Service applies to all projects on Commiss.io.
This agreement is only between the parties. Commiss.io is the provider of technology and management of the platform and is not a party to this agreement.Â
This agreement takes effect when both parties agree to a project, price, and license. The project refers to the specific service to which this agreement is attached. Any and all communication and materials associated with the project are part of the project.Â
This agreement constitutes a legal contract. The artist is engaged by the client as an independent contractor to complete the job. There is no employment relationship established by this agreement.Â
2. The Project
This agreement only applies to the project it is attached to and only to the scope of the project as agreed. Either party may change the agreement or the scope of the agreement with written consent of both parties.Â
This agreement is attached to a project, as agreed upon by the artist and client. This agreement applies only to the materials within the scope of the project as outlined above. It is the responsibility of both parties to ensure positive communication about ongoing projects.Â
The project agreement may change at the request of the artist, with approval from the client. The project price may also change at the request of the artist, with approval from the client. If the scope of the project is changed, the artist should request a change of price as appropriate.
Upon completion of the project, the artist will submit the final assets. These will be available in a preview mode until accepted by the client. The client has 30 days to accept the final assets, request changes to the final assets, or request a cancellation of the project. If the client does not take any action for 30 days, the project will be considered "accepted" by default, and closed.Â
3. Payment
Payment is handled as outlined in the Terms of Service. Payment information is collected upon the initial request, and the client is charged at the start of the project.Â
Payment is handled as outlined in the Commiss.io
Terms of Service. The client will not be charged until the artist has begun work on the project. Payment is held by Commiss.io’s payment partners until they are released as outlined in those terms.
4. License of Project Assets
The client receives an exclusive, royalty free license for non-commercial use of any original project assets, and a non-exclusive license for premade project assets, as outlined below.
Upon completion of this project, the artist grants the client rights in the project assets as outlined below. In the event this project is cancelled or refunded, client will retain no rights in the project assets and all rights in those assets will return to or remain with the artist.Â
For any project assets created specifically for the purposes of this project, the artist grants the client an exclusive, worldwide, royalty free license for all non-commercial use of the project assets. Unless otherwise agreed by the parties, the artist may continue to display any project assets as example materials, in online and offline portfolios, and to prospective clients. Unless otherwise agreed by the parties, the artist does not retain the right to use the completed work for commercial purposes, including selling digital or physical copies of the completed project assets.
For any pre-existing portions of project assets created by the artist, the client is granted a non-exclusive, worldwide, royalty free license for all non-commercial use of the relevant project assets.Â
Unless otherwise agreed by the parties, no attribution is necessary. If a signature or other identifying mark is present, client may not remove it without prior approval from the artist.Â
Clients usage of all materials is limited to non-commercial purposes. Commercial use is permitted only by written agreement between artist and client, either by switching to an appropriate commercial use license, or through other arrangements made between the parties.Â
5. Cancellation and Refunds
Cancellations are subject to the terms selected by the artist and agreed upon by the parties prior to the start of the project.Â
Either party can request a cancellation prior to the successful completion of the project by using the “Contact Staff” button on the project page. It is recommended that the parties attempt to resolve any issues between themselves prior to requesting cancellation. Upon cancellation, the obligations of the artist to complete and deliver project assets are terminated. Funds will be returned to the client minus any applicable cancellation fees.
Cancellations as a result of artist action or inaction will incur no cancellation fee. Examples include, but are not limited to: an unresponsive artist and project materials outside the agreed scope.Â
Cancellations through no fault of the artist will incur a cancellation fee according to the cancellation policy associated with the project listing.
Cancellations and cancellation fees are subject to the Commiss.io Dispute Resolution process outlined below.Â
6. Dispute Resolution
Commiss.io staff provide dispute resolution, should the need arise. Disputes may be raised during or shortly after project completion. Commiss.io will make an ultimate decision regarding the project outcome intended to mutually benefit both parties.
The parties agree to participate in and be subject to the Commiss.io dispute resolution process as outlined in the Terms of Service. A dispute may be raised within 7 days of project completion by using the “Contact Staff” button on the project page.Â
It is greatly recommended that the parties attempt to reach an amicable solution between themselves prior to raising a dispute, though Commiss.io staff is available to provide assistance without raising a formal dispute.Â
As outlined in the Terms of Service. If a dispute is raised, Commiss.io will attempt to assist the parties in reaching a solution. Failing that, Commiss.io reserves the right to make an ultimate decision regarding the project outcome, relevant refunds, and any necessary transferring of intellectual property rights or project asset licenses.Â
7. Miscellaneous
This agreement is bound to the Commiss.io Terms of Service and those terms are incorporated to the greatest extent permissible by law, into this agreement. In the case this agreement is inconsistent with the Commiss.io Terms of Service, those terms take precedence over anything within this agreement.Â
