- Terms of Service -
General
By working with me, you automatically adhere to my T&Cs. Take the time to read them carefully, because I can allow myself to refuse or terminate a service if you do not respect them. I reserve the right to make changes to these conditions at any time, which will take effect immediately after their publication on this site and on the back of my invoices.
By accepting these T&C, you also accept the intellectual property and copyright laws set out in the extract of law n° 57-298 of 11 March 1957 on literary and artistic property.
Identification
The Service Provider refers to the micro-company Zema Coralie EI whose head office is located in Florange, France. It is registered under the SIRET number: 97984406500016. Its intracommunity VAT number is not applicable (Art. 293 B of the CGI).
The Client refers to a legal or natural person who has required the skills of the Provider. Any individual client must be of legal age in accordance with the law of their country of residence.
The Services refer to the services that can be performed by the Provider, in particular:
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Creation of illustrations on demand.
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Graphic creation on several communication media (visual identity, layout, design of products intended for printing, etc.).
Commitment
The purpose of the contract is to define the conditions between the Provider, Zema Coralie or "Chubby Kirin" and you, the Client; who order one or more services made on request and personalized. Each party undertakes to collaborate in order to ensure the proper execution of said contract.
By entering into a contract with the Service Provider, you declare that: you accept these TOS; this contract binds you legally to comply with it; and you understand that this contract applies to each requested service and does not establish an exclusive employment relationship.
The Client undertakes to:
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Provide a detailed specification (visual references, written descriptions, reference image batches, etc.). Any modification after validation of the contract will be charged in addition to the initial rate. For the so-called private clients, a character or an overly detailed request will incur an additional charge added to the rates in force on my site.
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Give the Service Provider a copy of the dated and signed invoice.
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Guarantee the legality of the documents or information provided to be affixed to the product produced by the Service Provider. He undertakes to have these rights.
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Collaborate in the success of the project by providing the necessary documents on time.
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Settle the amounts due within the deadlines.
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Freely use the ordered Service for personal use, which includes: use as a profile image and social media banner, personal printing in small quantities, display or publication on social networks, galleries or websites.
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Not to make commercial use of the Service without having discussed it directly with the Provider. The purchase of a commercial license, the price of which may vary according to the Service and the Clients and may include the addition of royalties, depending on the intended commercial use will be added. Commercial use includes: the use of the Service in the case of a brand and advertising; printing in the form of physical copies or goods for sale. The resale or transfer of commercial rights must be discussed with the Service Provider by the Client.
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Having to credit all the Services ordered for personal or commercial use in my name in a manner visible nearby, with my artist name "Chubby Kirin" or my own name "Zema Coralie".
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Be able to request that your Service remains in the private sphere and is not published on social networks, nor broadcast on my streams. It can be removed from my networks and my website later at your request at any time.
The Provider undertakes to:
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Assist in the development of the specifications if necessary.
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Guarantee the right of use of the Service, private or commercial.
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Regularly inform the Client of the progress of the performance of the Service, through validations submitted to the Client.
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Do not distribute images of the current Service on social networks without the Client’s authorization.
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Keep the information and documents related to the Client confidential.
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Do not use the ordered Service as a brand image, profile image or banner on social networks, to create physical products, or to resell or distribute them in any way.
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Do not claim ownership of the subjects or characters depicted. The characters will be credited in the name of the original owner(s).
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Do not intentionally share the full resolution and unsigned files in a way that allows them to be downloaded, and do not provide these files to anyone other than the Customer if requested.
Process
The Service will start once the payment has been executed and the specifications provided by the Client.
Project progress will be sent throughout the process for approval and change requests. The Customer is entitled to request updates and changes at any time. A total redesign of a Service at the sketch stage will be free, after which major modifications will incur an additional charge. The fact that the Client redraws on a Service in progress is acceptable to highlight specific modifications. The Client undertakes to provide their modifications or validations in a clear and explicit manner.
A contract is concluded upon the validation of the Service completed by the Client and the transfer of all relevant files.
Terms of payment
Rates
Prices are available on the website www.chubby-kirin.com. The Service Provider reserves the right to make changes to these tariffs at any time, which will enter into force immediately after their publication on this site. These rates are for information only and may vary depending on the complexity of your request.
These rates are reserved for Private Clients. For Professional Clients, please contact me directly. An hourly rate will then be applied.
Invoicing
The payment will be made via bank transfer (for France only) or Paypal accompanied by an invoice. Please do not send payment before receiving the invoice. Rates are not negotiable. Only euros are accepted.
As an individual, you will need to provide me with your last name, first name, email address as well as postal address if sent.
As a Professional, you will need to provide me with the name of your company, its postal address, its SIRET number and its email address.
Unless clearly indicated payment deadline, the invoice settlement is for a period of 30 days, recorded on the invoice from the date of issue.
The payment must be made in advance and in full once the invoice is received and before I start working on your Service. Payment plans can be discussed, in which I will ask for an advance of at least 25% of the total price as first payment.
If the payment is not received before the deadline indicated on the invoice, the contract will be cancelled and your slot revoked. You will also incur penalties provided for in case of late payment which will apply from the day after the payment deadline (Art L 441-6 of the Commercial Code). These penalties amount to 5% of the total invoice amount per day late. In addition to these daily penalties, a Fixed Recovery Fee of €40 as compensation for the recovery costs incurred by the Service Provider will be required. This amount is fixed and is applicable to each overdue invoice. Each compensation is due by operation of law without a follow-up from the Provider being necessary.
Cancellation policy
Cancellations may be requested by the Client or issued by the Service Provider at any time during the process of performing the Service. The cancellation of a contract will include a refund of payment. Fees will be deducted from the refund issued, in an amount equal to the amount of work already done. Not started, the client will receive a full refund. No refund will be made if the Service has been finalized. Tips are not refundable. Customers will not be granted permission to use any ordered Services whose contract has been cancelled, regardless of the progress.
Period of service
The turnaround time for most Services is estimated between 1 week and 3 months. You will be informed of any significant delay in the execution time. I am reachable from Monday to Friday from 10am to 6pm and I generally do not respond to commercial requests on the weekend. You will need to inform me of any delay request during the initial discussion of your order. A relatively short period of time will be likely to increase the price of the Service.
The Service Provider reserves the right to modify its schedule in case of incapacity for work, illness or accident. The Client will then be notified.
Permissions
General
The Provider:
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Authorize the use of ordered Services such as avatars, profile photos, banners on social networks.
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Does not allow the use of all its original characters of which it is owner and all the works of said characters, whether or not they are created by the Service Provider without prior agreement.
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Does not allow the use of its company name, artist name, brand identifiers or logos.
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Does not authorize the tracing, editing, or any other transformation of his works.
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Does not allow the cropping or deletion of its watermarks and/or signatures.
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Does not allow the use of photos and concepts of his works, both digital and physical.
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Does not allow any use of his works for the purpose of pretending to be him, carrying out scams or using them in a hateful or offensive manner.
Character creation
The Service Provider retains ownership rights over all character creations made by himself and can freely use the work to display it as an example in his portfolio, publish it on his social networks and website. Personal rights are included when transferring the files to the recipient, whether it is the purchasing Client or the recipient.
The owner of the created character:
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MAY: Modify the design as desired. The modification of the Provider’s work is only allowed for personal use and reference, and does not allow future commercial use of the modified work.
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MAY: Sell, trade or offer any of the designs at its own discretion. Personal rights on the character are included upon transfer, unless otherwise agreed. The Provider will not settle property disputes.
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CANNOT: Use the original artwork of the design for commercial or profit purposes. If you wish to use the character design illustration for commercial purposes, you may send a request that will include commercial license fees and/or artist royalties to the Provider.
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CANNOT: Create a "species", including open/non-profit or closed/for-profit, based on the character design or its unique traits, without explicit authorization from the Provider.
Intellectual property
All works created by the Artist, Zema Coralie, are protected by copyright under the law. It retains the intellectual property rights and copyrights on all its works. Any copyright infringement concerning his work will be subject to legal action. It is strictly forbidden to claim ownership of the work or any copyright on its work (Article L. 111-1 of the intellectual property code).
The unauthorized use of his works will be confronted either personally or legally, depending on the gravity of the transgression. The Artist does not consent to his works or media created by himself being used or linked in any way whatsoever to the technologies and market of art generation by AI, all cryptocurrencies or technologies related to NFTs/blockchains.
No representation of trademarks or copyrighted goods, logos and other media in the Artist’s works is intended to constitute copyright infringement, commercial use, an implication of property or a defamation. Appropriate and creative measures are taken to avoid any infringement of copyright on the work of others and to creatively transform such work if necessary for fair use.
Representations of copyrighted works in his work are intended to positively interact with the said work, e.g. fan art. The sale of works containing copyrighted works is not intended to harm the market or damage the value of the copyrighted work.
Insurance
The provider has professional liability insurance at Macif located at 21 Avenue du Luxembourg 68110 Illzach, FRANCE. These conditions are governed by French law and any dispute will be submitted to the competent courts.
Mediator
In the event of a dispute between the Client and the company, they will strive to resolve it amicably (the Client will address a written complaint to the professional or, if applicable, to the professional’s Customer Relations Department). In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Client within the meaning of Article L.133-4 of the Consumer Code has the possibility to seize for free, if a disagreement remains, the competent mediator registered on the list of mediators established by the Commission for the evaluation and control of consumer mediation pursuant to Article L.615-1 of the Consumer Code, namely: - The Professional Mediation Society - www.mediateur-consommation-smp.fr - 2 Rue Marc Sangnier, 33130 Bègles.