commission info

• vtuber model art
• vtuber live2d rig

commission order form

• order model art
• order live2d rig

vtuber live2d rig

additional cost & add-ons

Head & Body

Etc.

special commission

vtuber model art

additional cost & add-ons

special commission

terms of service

Last updated: January 21, 2024. Terms are subject to change.

The Client is responsible for reviewing the Terms of Service before entering into a Commission Agreement with dailybirba. By signing and dating the Commission Agreement, it is assumed that the Client is fully aware of and consents to all Terms of Service.

definitions

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],” “Project[s],” 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 (e.g., "galleries," "albums," "posts," such as dailybirba.com, Twitter, YouTube, etc.) 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.

eligibility

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. Acceptance of Commission
Commissions are not accepted on a "first come, first serve" basis. Submitting a Commission Order Form does not guarantee service. Once the Commission Order Form is submitted, accepted Clients will be contacted to discuss Commission details within at most 14 days.2b. Commission Selection
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. The Client may not ask dailybirba to replicate or imitate works of other artists/riggers. Under no circumstances may the Client request dailybirba to work on materials generated with AI software.3. Sensitive Content
dailybirba will not create content that is explicit, offensive, or inappropriate. 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 requesting reproductions of or is based on a 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 must be able to provide personal information including but not limited to: name, payment information, and contact details. dailybirba warrants that such information shall not be used beyond the scope of what is necessary for the completion of the Commission. The Client must not provide false information or substitute with information pertaining to non-participants of the Commission Agreement.5. Communication Methods
The Client must be able to communicate in English or Korean. dailybirba's preferred communication methods are Discord Direct Messages(DM). Any discussions relevant to the Commission may be kept on file to ensure the safety of both parties. The Client must notify dailybirba should any changes to their contact details occur.5a. Correspondence
The Client must remain communicative and provide appropriate feedback throughout the Commission process to ensure the quality and deliverability of the Commission. The Commission Agreement may be terminated as per Term 27 in the event the Client remains uncommunicative for more than 14 days.

payment

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. The Paypal Invoice will 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 50% of the total Commission amount upon signing the Commission Agreement and the remaining 50% before the Commission is delivered. The Client will not receive any finished artwork or working files until all payment has been made in full.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. Priority Commission
Priority Commissions may be arranged for an additional fee. dailybirba will abide by the expected schedule of delivery agreed upon in the Commission Agreement. Hard deadlines dating less than 2 weeks from Start of Work will be declined.11. 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.12. Live2D Source File Ownership
For Live2D Rig Commissions, the Client may request ownership of the Commission's Live2D source files (i.e., .cmo3 file, .can3 file, etc.) for an additional fee. Usage of the source files must not breach the Commission Agreement.13. Additional Changes
Additional fees may incur in the event the Client requests additional 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.

commission process

14. Commission Process
  _{Commission Inquiry
  Submit Commission Order Form
  Cost Quote
  Sign Commission Agreement
  Invoice and 50% Payment
  Start of Work
  WIP Updates & Feedback
  Remainder Payment & Commission Delivery
  2-weeks A/S Period
  Commission Concluded}15. Work-in-Progress(WIP) Update
Unless otherwise announced, dailybirba will share visual updates of the Commission progress approximately once every other week after Start of Work. The Client may request WIP updates no more than twice a week.16. Turnaround Time(TAT)
The average turnaround time for a Commission can be anywhere between 4-12 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 (see Term 10).17. Commission Delivery
The contents of the Commission will be delivered to the Client via email attachment or an online download location(Google Drive) in a compressed .ZIP format. Depending on the type of Commission, deliverables may include .PSD file(s), model runtime files such as .MOC3 file(s) and .JSON file(s), .JPG/.JPEG file(s), and/or .PNG file(s), etc. Live2D source files are not included unless otherwise discussed. All Commission deliverables are digital. No physical material will be shipped to the Client.18. 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.18a. 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.

rights and usage

19. 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.20. 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.21. 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.22. Modification
The Client may not edit, alter, or trace any part of the original Commission files. The Client may not use any part of the Commission to generate derivatives using AI(artificial intelligence) software.23. Unauthorized Distribution
The Client may not distribute, resell, or reproduce any part of the original Commission files. The Client may not use or modify any part of the Commission for non-fungible tokens(NFT) or cryptocurrency.24. Competitions
The Commission may not be submitted to any kind of online or offline contest unless otherwise discussed and defined upon in the Commission Agreement.25. Commercial Usage
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 both tangible and intangible commerce purposes such as online Social Media promotions, monetization via streaming activities, digital merchandise, and physical goods.

termination and refund

26. 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.27. 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.27a. Refund Amount
Under circumstances mentioned in Term 27a, 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.