Terms & Agreements
Thank you for considering OSUPhoenix R&D Division to design for you! Please read the following carefully as it acts as terms and agreements for commissioning graphic designs, streamer.bot imports, and all other aspects of our business. We are reasonable and willing to discuss any potential concerns or issues you may have. OSUPhoenix R&D Division staff are committed to maintaining a fair and respectful professional relationship.
***There are no guarantees that requests can be fulfilled. Creators reserve the right to refuse to be commissioned.***
Section 1: Licensing
1. All designs are provided under a single-use license and are not authorized for resale, redistribution, or gifting.
2. Custom designs are intended solely for the use of the purchaser or an authorized recipient acting on behalf of the purchaser.
3. Unauthorized use or violation of this agreement may result in legal action.
4. By commissioning and purchasing these digital products, you acknowledge and agree to these licensing terms.
Section 2: Contact
1. The creator will consult with the purchaser to clarify and align on the intended design vision. Communication will occur through designated platforms, such as Discord direct messaging or Facebook Messenger.
2. For privacy and security reasons, the creator does not provide personal contact details such as phone numbers or addresses.
3. The creator will respond to inquiries within a reasonable timeframe. Persistent, unwanted contact (spam) will not be tolerated and may result in the termination of the commission.
Section 3: Refunds
1. Refunds will not be issued after the delivery of digital products due to the nature of such items.
2. Under no circumstances will refunds be provided following a completed transaction.
3. For down payments, refunds may be issued only under extreme circumstances (e.g., significant life events, natural disasters, or other situations of similar severity).
4. Cancellation of a commission does not entitle the purchaser to a refund of any deposits or down payments.
Section 4: Payments
1. A 20% non-refundable down payment is required for orders totaling $100 or more, and no work will begin until the down payment is received.
2. Down payments should only be made when the creator confirms availability and readiness to commence work on the commission.
3. The remaining balance is due upon completion of the work and prior to delivery.
4. Failure to complete payment within 60 days of notification of work completion will result in forfeiture of the commissioned design, which may then be redistributed or repurposed by OSUPhoenix R&D Division.
5. Any redistributed designs will be stripped of purchaser-specific trademarks, copyrights, or branding.
Section 5: Fees
1. Additional fees may apply if changes to the original request are made during the creation process.
2. Fees will be based on the scope of the changes and their impact on labor, either as an hourly rate of $20 or as a flat fee determined by the creator.
3. The creator will notify the client of any fees before applying them. Work on the commission will only continue after mutual agreement on the fees.
4. No progress will be made on the revised request until an agreement is reached.
Section 6: Unused Asset Reuse Policy
1. If commissioned work remains unused for one year after delivery, the creator reserves the right to repurpose elements of the design for other projects or resale.
2. Unique branding elements such as logos, names, or other purchaser-specific identifiers will not be reused.
3. The creator does not require permission from the purchaser to repurpose unused assets after the one-year inactivity period.
Section 7: File Retention Policy
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File Storage Duration
OSUPhoenix R&D Division will retain original project files for a minimum of six (6) months following the delivery of the completed work. After this period, files may be securely deleted, and the creator is not obligated to retain or provide copies of the original files. -
Re-rendering and Recreating Files
Requests to re-render, recreate, or retrieve previous works beyond the retention period will incur additional fees. Fees will depend on the complexity of the request and will be communicated to the client before proceeding. -
Client Responsibility
It is the client’s responsibility to securely store and back up all delivered digital files upon receipt. OSUPhoenix R&D Division is not liable for the loss, damage, or mismanagement of delivered digital files by the client. -
No Refunds or Recommissions
Loss of digital goods by the client does not entitle the client to a refund or the re-commissioning of the same project at no cost. Any new request will be treated as a separate commission under new terms.
Section 8: Portfolio and Display Rights
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Display Rights
OSUPhoenix and OSUPhoenix R&D Division retain full rights to showcase any commissioned work as part of their portfolio, including but not limited to:- Websites
- YouTube videos
- Live streams
- Social media posts (e.g., Instagram, Twitter, Facebook)
- Promotional videos
- Advertisements
- Client testimonials or case studies
- Online galleries and design showcases
- Industry events or presentations (e.g., design expos, webinars)
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Exclusions
If the commissioned work includes sensitive or proprietary information (e.g., unreleased projects, trade secrets, or personal details), the client must provide written notice to exclude such elements from public display. The creator will honor reasonable confidentiality requests. -
Attribution
OSUPhoenix and OSUPhoenix R&D Division reserve the right to include their logo, name, or watermark on displayed works when appropriate, unless otherwise agreed upon. -
Revisions for Display
The creator may make minor revisions to the displayed work (e.g., formatting or cropping) for portfolio or promotional purposes, provided such changes do not misrepresent the original design or intent. -
Client Acknowledgment
By commissioning OSUPhoenix and OSUPhoenix R&D Division, the client acknowledges and agrees to these display rights. Any restrictions must be negotiated and agreed upon in writing before the commencement of work.
Section 9: Dispute Resolution
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Governing Law
This agreement is governed by and construed in accordance with the laws of [your state/country]. All disputes arising from or related to this agreement shall be subject to the exclusive jurisdiction of the courts in [your state/country]. -
Resolution Process
In the event of a dispute, OSUPhoenix R&D Division and the client agree to resolve the issue in the following steps:- Step 1: Negotiation
Both parties will engage in good-faith negotiations to resolve the dispute amicably. - Step 2: Mediation
If negotiations fail, the parties agree to engage in mediation facilitated by a neutral third-party mediator, with costs shared equally between both parties. - Step 3: Arbitration
If mediation fails, the dispute will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (or a similar recognized body), with the arbitrator’s decision being final and enforceable in court.
- Step 1: Negotiation
Section 10: Force Majeure
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Definition
OSUPhoenix R&D Division shall not be held liable for delays, interruptions, or inability to complete work caused by events beyond its reasonable control, including but not limited to:- Natural disasters (e.g., earthquakes, hurricanes, floods)
- Acts of war, terrorism, or civil unrest
- Government actions or regulations
- Pandemics or widespread illness
- Power outages, cyberattacks, or internet service disruptions
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Notification
In the event of a force majeure occurrence, OSUPhoenix R&D Division will promptly notify the client, providing details of the situation and an estimated timeline for resolution. -
Extensions and Termination
- Deadlines may be extended based on the duration of the force majeure event.
- If the force majeure event prevents completion of the project for a prolonged period (e.g., more than 30 days), either party may terminate the agreement without penalty.
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Exclusions
This clause does not apply to obligations for payments already due or completed work.