Terms of Service

PLEASE READ BEFORE COMMISSIONING (Last Revised 4/26/2025)

In these Terms of Service, the pronoun “I” or “me” refers to Izzuddin Abdul-Rashid (Im_The_Owl), and the terms “you,” “commissioner,” or “client” refer to the individual or entity procuring services.

Any violation of these Terms of Service will result in you being blacklisted and refused future service. Refunds may occur at a certain percentage depending on the violation and its severity. Legal action may be taken if necessary.

GENERAL TERMS

By commissioning me, you agree to these Terms of Service, their intent, and my artistic style.
You must credit me in written form (e.g., Twitch Panels, Descriptions, Credits, Chat Commands, etc.).
I reserve the right to decline any commission that I don’t feel comfortable with.
I do not create NFTs, and my art cannot be used for NFTs.
Art commissioned for personal use cannot be shared, sold, or redistributed.
Commissions based on existing designs or characters require reference materials or style guides. The client must own the intellectual property rights for the design or character.
You may not modify my work without my written permission (e.g., remove the watermark, recolor/redraw parts, etc.).
Do not claim, trace, or steal the commissioned art.
I do not accept rush works.
Deadlines are projections and not hard-lined. While I strive to meet all deadlines, unforeseen circumstances may cause delays. I will communicate any potential delays promptly.
Prices may change without prior notice.
I reserve the right to use commissions for self-promotion and post them on social media.
You need to inform me if you don’t want your commissioned work to be displayed publicly during its creation.
Original Project Files: Complete working files can be purchased at a price determined by me on a per-project basis. These files will only include assets I personally created. All third-party licensed items, stock footage, or purchased elements will be removed from the delivered project files.
Additional changes to completed commissions will incur extra charges.
I have the right to refuse commissions that involve unsuitable or explicit content, illegal activities, or any content I’m uncomfortable creating.
You are not allowed to take, share, or distribute any initial versions or drafts of the commissioned work.
Changes required due to my own error will not incur any additional charges.
Changes required due to client errors, such as providing an inaccurate or insufficient reference/style guide, will incur a charge depending on the extent of the change.
I reserve the right to refuse changes for reasons including, but not limited to:
- Complete or near total revisions of a commissioned work after the drafting phase.
- Altering the entire scope of the commission.
Every client will be provided with a copy of these Terms of Service at the time of commissioning. Any changes or additions made to these Terms after a commission has begun will not be enforceable for that specific commission, but will apply to all future commissions.

FORCE MAJEURE

I shall not be liable for any delay or failure to perform my obligations under these Terms of Service due to circumstances beyond my reasonable control, including but not limited to:

Natural disasters, including floods, earthquakes, hurricanes, or severe weather conditions
Fire, explosion, or other casualty
War, terrorism, riots, civil unrest, or government actions
Public health emergencies, epidemics, or pandemics
Significant personal illness or injury
Power outages, internet service disruptions, or technological failures outside my control
Any other circumstances that prevent me from fulfilling obligations that cannot be reasonably anticipated or mitigated

In the event of a force majeure situation, I will notify you as soon as reasonably possible about any delay or inability to perform services. The timeline for completion will be extended by a reasonable period based on the circumstances. If the force majeure condition continues for more than 30 days, either party may terminate the commission, with a pro-rated refund based on work completed.

This clause does not exempt either party from payment obligations for services already rendered or work already completed.

GRAPHIC AND MOTION DESIGN SERVICES

The following terms apply specifically to graphic and motion design commissions:

Project Requirements: All design projects require detailed specifications, including dimensions, format, style preferences, and intended use before work begins.
File Formats: Final deliverables will be provided in industry-standard formats suitable for the intended use. Specific format requirements must be specified before project commencement.
Brand Guidelines: If the work involves existing brands, complete brand guidelines must be provided. Any missing information may result in delays or additional costs.
Revisions: Each project includes 2 rounds of minor revisions during the drafting phase. Additional revisions or major changes will incur extra charges at the standard hourly rate.
Motion Design Specifics: Projects requiring animation must include specifications for duration, frame rate, and desired level of complexity. Audio requirements must be clearly defined.
Asset Requirements: All necessary assets (logos, fonts, images) must be provided in high-resolution, vector formats where applicable. Usage of stock assets will incur additional costs.
Preview Formats: Work-in-progress previews will be watermarked and provided in web-compatible formats. Final, unwatermarked files will be delivered upon complete payment.
Design File Ownership: Working files (e.g., .AI, .PSD, .AE) remain my property unless specifically purchased as outlined in the Original Project Files clause.
Payment Schedule: Unless otherwise specified, payment for graphic and motion design services is due in full before work begins. For projects exceeding $500, a 50% deposit may be arranged with the remaining balance due before final file delivery.

By commissioning graphic or motion design services, you acknowledge and agree to these specific terms in addition to all general terms outlined above.

VIDEO EDITING SERVICES

The following terms apply specifically to video editing commissions:

Video editing projects require clear briefing documents outlining all specifications, including but not limited to: video format, resolution, aspect ratio, color grading preferences, and desired style.
Raw footage must be provided in high-quality, usable formats. Poor quality, corrupted, or unusable footage may result in additional charges or rejection of the commission.
A deposit equivalent to 4 hours of work is required to begin work on any video editing project, with the remaining balance due before the final delivery of completed files.
All video projects include up to 2 rounds of revisions within the drafting/rough cut phase. Additional revisions past this phase will incur a $30 flat fee plus the usual hourly rate, or in the case of short form videos, a $30 flat fee.
Delivery timelines for video editing projects depend on complexity and length, and will be established at the start of the project. These timelines do not include client review periods.
Watermarks will be applied to preview/draft versions of video content. These will be removed only upon final payment.
Final video files will be delivered via digital transfer methods. Archive storage is maintained for 30 days after project completion.

By commissioning video editing services, you acknowledge and agree to these specific terms in addition to all general terms outlined above.

DRAFTING PHASE DEFINITION

The “drafting phase” refers to the initial development period of any commissioned work, during which preliminary versions are created based on the client’s specifications. For visual artwork, this includes sketches and concept designs. For video content, this includes rough cuts and preliminary edits. This phase begins after payment is received and ends when the client approves a draft to proceed to final production.

During the drafting phase:

Clients can request reasonable composition, structure, timing, or general elements adjustments.
For artwork: changes to pose, composition, and basic design elements are permitted.
For video: modifications to sequence, timing, transitions, and basic content arrangement are permitted.
These adjustments will not incur additional charges as long as they remain within the scope of the original commission.
Once a draft is approved, the commission moves to the production phase, where significant changes will incur additional fees as outlined in these terms.

LIVESTREAMING TECHNICAL CONSULTATION

The following terms apply specifically to livestreaming technical consultation services:

STANDARD TECHNICAL CONSULTATION SERVICES

Service Definition: Professional assistance with stream setup, optimization, and technical troubleshooting for livestreaming platforms.
Service Hours: Available by appointment only during my regularly scheduled business hours. Services outside these hours may incur additional fees.
Scheduling: Appointments must be scheduled at least 48 hours in advance. Cancellations must be made 24 hours before the scheduled appointment to avoid a 25% cancellation fee.

EMERGENCY TECHNICAL CONSULTATION

Emergency Definition: Urgent technical assistance required during an active stream or within 1 hour of a scheduled stream start time due to unexpected technical failures.
Availability: Subject to my availability at the time of request. No guarantee of immediate assistance can be provided.
Emergency Rates: 150% of standard hourly rate with a minimum 1-hour charge.
Response Time: While I strive to respond to emergencies promptly, response times cannot be guaranteed.

SERVICE DELIVERY METHODS

Live Troubleshooting: Real-time assistance during active streams to identify and resolve technical issues affecting broadcast quality or preventing streaming.
Remote Access Support: Direct diagnosis and resolution of issues through remote access software. Client must provide necessary access credentials and explicitly consent to remote access for each session.
Post-Emergency Follow-Up: Complimentary 30-minute session after emergency service to review incident causes and implement preventative measures.

TERMS AND LIABILITY

No deposit required for technical consultation services. However, requesting and receiving services constitutes an agreement to pay.
Payment is due within 7 days of service completion, including emergency services, unless alternative arrangements are made in writing.
I assume no liability for data loss, hardware damage, or other issues that may occur during troubleshooting sessions, including when using authorized remote access.
Strongly Recommended: Clients should maintain current backups of all system and stream configurations before requesting assistance. I am not liable or responsible for creating backups or for any data loss resulting from failure to maintain backups.
For remote access services, clients are responsible for ensuring adequate network and system security.
All technical consultation services are provided “as-is” without any warranty or guarantee of resolution.

By commissioning livestreaming technical consultation services, you acknowledge and agree to these specific terms in addition to all general terms outlined above.

CLIENT CONDUCT

All clients are expected to maintain professional, respectful communication throughout the commission process. The following conduct guidelines must be adhered to:

Communication must remain professional and respectful at all times. Harassment, abusive language, or threatening behavior will not be tolerated.
The use of racial slurs, hate speech, or discriminatory language, whether directed at me or used in any context during our professional relationship, will result in immediate termination of the commission.
Engaging in hate speech or discriminatory behavior outside of our direct interactions (such as on social media platforms) that comes to my attention may also result in termination of our professional relationship.
Feedback should be constructive, specific, and related to the commissioned work.
Clients must respond to inquiries and requests for feedback within a reasonable timeframe (typically 3-5 business days).
Unreasonable demands, excessive revisions beyond the agreed scope, or persistent disregard for these Terms of Service constitute grounds for termination of the commission.
Any attempt to manipulate, deceive, or circumvent these terms will result in immediate termination of the commission and potential blacklisting.

Maintaining a positive, professional relationship is essential to creating the best possible artwork. I am committed to treating all clients with respect and expect the same courtesy in return.

USAGE RIGHTS

The following defines the permitted usage rights for commissioned artwork:

Personal Use

Personal use refers to usage on personal YouTube or Twitch channels, social media, or any platform where the work is not directly monetized.

Commercial Use

If the commissioned art is for commercial use, a commercial fee or royalties are required. Commercial use includes but is not limited to: redistribution of the artwork in the form of merchandise (t-shirts, mugs, prints, etc.), AI training datasets, commercial applications, use in commercials or advertisements, or any usage that generates revenue. Usage in commercials requires royalties which must be negotiated and signed in a separate contract.

Commercial Rights Pricing

The following simple pricing structure applies to commercial usage:

Merchandising: $100 flat fee + 50% of the original commission price
Digital Products/Apps: $150 flat fee + 75% of the original commission price
Commercial/Advertising Use: 200% of the original commission price as initial flat fee + negotiated royalties
Business Branding/Logo: 300% of the original commission price (includes full rights transfer to client; client must still credit the artist in portfolio/promotional materials, but ultimate ownership rights belong to the client)

All commercial rights agreements must be finalized in writing before the commencement of any commercial project. I reserve the right to adjust these rates based on the specific scope and scale of the commercial usage.

Transfer of Rights

The following outlines the terms for the transfer of rights from the artist to the commissioner:

Unless explicitly stated in a separate written agreement, I retain all intellectual property rights, including copyright, to all artwork created.
Any transfer of rights from me to the commissioner will only be effective when:
1. The transfer is explicitly stated in writing and signed by both parties
2. Full payment for both the commission and applicable commercial rights has been received
3. The specific rights being transferred are clearly defined in the agreement

Even when rights are transferred, I retain the right to display the work in my portfolio and use it for self-promotion unless explicitly negotiated otherwise.

For complete transfer of copyright, additional fees will apply beyond the standard commercial rates listed above, and a formal copyright transfer agreement must be executed.
Unauthorized transfer or sublicensing of rights by the commissioner to third parties is strictly prohibited and constitutes a breach of these Terms of Service.

I reserve the right to pursue legal action for any unauthorized use or rights violations.

CREDITING

Crediting is a requirement. Please acknowledge my work by including my name in any written or visual context. Unless explicitly stated in a separate written agreement.

Crediting Guidelines

The following information must be included:

My online alias or real name, preferably use ‘Im_The_Owl’
A link to my website or any of the following social media platforms:
- Twitch (https://twitch.tv/im_the_owl)
- Bluesky (https://bsky.app/profile/imtheowl.bsky.social or @imtheowl.bsky.social)
- Tumblr (https://www.tumblr.com/imtheowl-official)
- Website(https://imtheowl.com)

PAYMENT

Full payment is required upfront for all services, with the following exceptions:
- For video editing projects, a deposit equivalent to 8 hours of work is required initially, with the remaining balance due before final delivery.
- Other payment arrangements may be established in writing prior to project commencement.”
An invoice will be provided, detailing the specifics of the commission.
Payments are accepted via Paypal Invoice only.
Please do not send any payment until your commission has been confirmed by me.

REFUNDS

If a refund is requested after the drafting phase has begun, exactly 50% of the commission cost will be returned.
If the client’s behavior is determined to be unprofessional, disrespectful, or in violation of any of the conduct guidelines outlined in the Client Conduct section, a 25% refund will be issued and the commission will be terminated immediately.
Any chargebacks through Paypal Invoice or financial institutions will result in immediate and permanent inclusion on the blacklist with no exceptions.
Refund requests submitted after a commission has been completed will be automatically denied.
In the event that I cannot begin or complete your commission due to circumstances on my end, you will be promptly informed and a full 100% refund will be issued.
Extreme violations of these Terms of Service (including but not limited to: harassment, hate speech, illegal content requests, or attempts to use artwork for unauthorized purposes) will result in immediate termination of the commission with no refund provided.