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TERMS OF SERVICE

By commissioning me in any way, you agree to my Terms of Service listed below.
Since you are commissioning a UK resident, you also agree to abide by the UK law, regardless of the country your are from.

Failure to adhere to my ToS may result in cancellation of your commission, and in rare cases, possible blacklisting from future commissions.
That being said, if you have any issues or queries about my TOS please don't hesitate to contact me. I'll be happy to help you understand them.

Updates:
I am not to be expected to private message everyone on my list if there is a change in my IRL situation e.g if I'm sick.
I will make an announcement in the discord server if there is anything that will effect the turnaround times of commissions. It is on you to make sure that you are in the discord server so you are kept up with important updates.
In order to see the commission announcement channel you will need the @Certified role. If you do not have the role please place a ticket
with proof of purchase of a commssion.
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Respond times:
Please allow up to 3 working days for me to respond to a query.
Spamming me excessively will not speed up the response time, as I have a life to live and sometimes I may be very busy with commissions or IRL situations.
1 message is just as effective as 50.

Payments / Payment Plans & Back charges
Contact me before filing a back-charge so we can discuss your concerns and problems to a suitable resolution.

Back Charges:
If you file a back charge against me there are a few things you need to keep in mind:
â‘  In the event in which a back charge is placed, a fee is charged on myself, as the seller and on yourself, as the buyer - meaning I have to pay what you back charge
d plus an additional fee.
â‘¡ In the event of a back charge, both accoun
ts (the seller and the buyer) are flagged by Paypal causing issues for both of us, the same applies to Kofi and Square.
â‘¢ Your rights to the work will be revoked. If it is an avatar, it will be listed as an adoptable.
If it is a custom outfit, the outfit will be posted onto my public Gumroad

Payment Plans:
All invoices must be paid within 48 hours of being sent out (2-day time period)
- Payment Plans can be discussed on orders over £60.

- If your order is £60 - £100 and you wish to do a payment plan you must pay a minimum of 50% up front.
- I will consider holding slots for a non-refundable reservation fee of £15.
The prices listed in your quote are non-negotiable and are a fair representation of the time, skill and effort needed to complete the work. I do not entertain trades or freebie requests, so please do not expect this.

Refunds
I'm afraid due to the limited number of slots available I don't accept refunds. You can, however trade your slot with another member in the Discord server
Please contact me before hand and we can discuss you making a post in the server about wanting to trade your slot.
The price you agree to upon purchase is the price in GBP. It is on you to understand how currency rates work, not me. You accept these terms. To pay in GBP not USD. I do not control the strength of money. You will be refunded the price you agreed to in GBP.
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General Terms
On confirming a commission of work, and making a payment, there will be a non-refundable reservation fee of 40% applied if I decide to cancel your commission for any reason. This is due to the nature of my work, and this being my primary income source. It also ensures my reservation slots and availability remain fully utilised for my other clients. The non-refundable fee also covers the preliminary planning and refund costs that are imposed on me as the service provider. I reserve the right to decline or cancel any commission if the nature of the work makes me feel uncomfortable in any way. You must provide (at least) one flat-coloured reference sheet per character unless you're wanting a custom design.
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WIP Policy & Contact Policy
When we are discussing and planning your commission, you may contact me directly to discuss your commission in detail. Once a quote has been agreed and payment has been received, I ask that you please refrain from asking me for an update more than once a month until your due date. During completion of the work, you may however contact me if you have a question about the TOS, or want to send me an updated reference sheet or update to the character, or need to request a change to the commission or anything else about the commission other than asking a turnaround time, as this is stated on the Trello. I will contact you if there are any changes to your due date. I will also I will contact you with work-in-progress images (Dakota's WIP channel) throughout the process of completing the work.
You will receive up to 3-4 WIP images in which you can request edits. Once you are happy with the outcome, all of my work will be issued at the highest possible standard.
Should you be unhappy with any aspect of your commission, please contact me directly so we can arrange a change request, or work through any issues together for your satisfaction. This is done on a case by case basis and can incur additional costs if much is changed away from the original quote. Communication is paramount when commissioning me or other artists, so please remember this.
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Holidays:
When work is being commissioned there may be a delay due to holiday breaks or personal time breaks but this will be mentioned in the time given to you when I start your work. If you have ordered an express order, and I am on a break, please ensure you are in our Discord server, as I will announce there ahead of time when I am on Holiday Break.
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Waiting Time / Turnaround Times:
At this current time I currently have quite a large queue (This is on account of me falling very unwell over a series of months). Therefore, the due date section listed below is not available. 
At this current time until the queue is finished, commissions will be closed until further notice.
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You will be given a date that the work will commence when your commission has been confirmed. This begin date will be listed on my Trello. Remember if you need your order quickly I have an express service.
The "due date" set on the Trello card may change without warning. This is because it is NOT an exact due date, it is only an estimate.
Things like IRL situations may change this due date, for example. I may become very sick and need to take a few days to recover, or there may be a british holiday. Or I may have accidentally set your due date to a weekend which sometimes happens.
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Below you can find individual turn-around times:
Retextures:
Retextures can take between 1-2 WORKING weeks PER individual commission. Depending on how many people are ahead of you the wait time may vary from 1-5 months.
Remodels:
Remodels can take anywhere between 3-4 WORKING weeks PER individual commission. Depending on how many people are ahead of you the wait time may vary from 3-6 WORKING months.
Custom Clothing:
Custom Clothing can take up to 2-3 WORKING weeks PER Individual Commission. Depending on how many people are ahead of you, the wait time may vary from 1 month to 4.5 WORKING months.
Custom From Scratch Models:
Custom Models can take anywhere from 1-5 WORKING months PER individual commission. Depending on how many people are ahead of you, your wait time can range from 1 month to 8 WORKING months.
The wait/work time is this long for custom avatars because there is so much time and hard work to be put into it. This is a completely from scratch avatar meaning that I make it form the ground up in Blender, I then have to make all the individual blendshapes and create the unity file from scratch. This also mean that there may be bugs on the avatar that needs fixing before it can be marked as complete. Please take this into consideration before commissioning me for a custom from scratch avatar.
I understand that the wait time may appear long for each section, but this is because I prefer to take my time with every commission in order to get it as perfect as possible, to the highest standard I can possibly give to my customers.
Keeping in mind the latter as well as what is written below:
I am not a robot I am only one person meaning I can only work as fast as a humanely possible.
I am not always able make commissions the top priority in my life, keeping this in mind this means I may not always be able to meet every deadline on time as I must always make my mental and physical heath top priority over commission work. I will of course try my very best to meet every deadline but my IRL life must always come first. This means turnaround times can vary and exceed past the 5-month mark.
By commissioning me you are accepting that there is a possibility of this happening in the future. I will always endeavour to communicate any delays ahead of time. These will always be posted in my Discord server in (Certified Announcements).
Express Orders
Express Rush orders/deadlines can be discussed, however there is a fee. Please refer to Prices
Please contact me prior to ordering to see whether or not I can accept your deadline request.

Queue
I have a queue. I work on the queue in order, one commission at a time.
Please respect the order. I do offer an Express commissions service which can cause jobs to jump to the top of the queue so if there is someone ahead of you marked as express, this is why. I will always communicate to you if any of the express orders may delay your begin date.

NSFW:
If your commission request involves any NSFW (adult) items then please be prepared to provide proof that you are over 18 years old.
When you are wearing your avatar I am absolved of any responsibility, and ask that you please be sure to follow VRChat's NSFW Rules; Make sure the avatar is always set to PRIVATE and do not take it into public worlds.
Any avatar that becomes removed from VRChat due to rule violations, is your responsibility.
I can do:
• SFW
• NSFW - fees apply
• VORE - fees apply
• Unity setups - toggles mostly.
• Blender work - Remodels custom models from the ground up - Custom clothing - Custom assets.
Additional Terms
- I reserve the rights to post all the artwork I have created on any of my Social media accounts.
- I reserve the rights to resell any of my clothing items I create from scratch - unless you specifically request me not to before commissioning me. (The model will be changed to look slightly different to the base item, don't worry.)
- If I suspect foul play in any way I have the right to cancel your commission without warning and refund the correct amount to the original account.- You have permission to post photos of the models / assets I make for you, You have permission to use the models in VRChat or in your unity files.
- You do not have permission to share the files with anyone else unless agreed and authorised by myself. If you wish to purchase outright the assets and files used within the creation this can be discussed as a separate expense when we work out the quote, and will usually cost around £20. To have 3rd party artists or creators make edits to your commission you will need to purchase this option.
- My work is not to be used for any commercial purpose, unless arranged and agreed when you request the commission. Commercial licences are provided on a case by case basis, and vary in expense, depending on planned use.
- You may use the art in live streams such as twitch.Please note that if you change your username without informing me I wont be able to find you to send you updates so therefore your commission will be put on hold until I can find you again. - Please inform me of name changes

Thank you for taking the time to read through my TOS and I look forward to working with you
Terms may change without warning. It is on you to check back regularly to refresh yourself with my TOS.
 
GENERAL INFORMATION
Payments:   
I accept payments via Kofi, Cashapp, Square or Direct Debit.
Cashapp is always preferred as it protects both as you as buyer, and me as a seller.
If you like my work and wish to support me directly, then donations are generally accepted via Kofi or Patreon
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How payments work:
Kofi: I will ask you for your paypal email address so I can send you an invoice with the amonut due. 
(Please note that Paying via Kofi adds a 1.4% + 20p fee) 
Cashapp: I will ask for your Cashapp username, I will send you a payment request with the amount due. 
Direct Debit: I will ask for you sort code and account number and will send you a payment request with the amount due. 
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Avatar uploading: 
If you unsure as to how to upload your own private avatar, then I can upload if for you for a fee. 
(I charge a fee because I am very busy with commissions and it takes a lot of time out of my day to show someone how to ulpoad it)
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Pricing: 
Prices are subject to change over time and all are quoted as final. Any additional changes/adjustments will be charged accordingly. 
I very much care for the work that I do, so please do not ask that it can be discounted. I keep my pricing as low as this is manageable, with this being my primary source of income. 
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Backups: 
Your avatar file will be stored for a maximum of 30 days, so please ensure to create your own backup, in case you'd like to request any future changes. 
If I need to clear up space, I will make an annoucement in the discord telling people to ensure that they have their own backup as I'll need to delete files to make space for new commisions. 
Contact Info:
Telegram/Instagram/Twitter:
@DakotaOtter
Discord: @DakotaOtter#1153
  • Discord
  • Instagram
  • Twitter
  • Twitch
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