Composition Terms of Service
By commissioning PepperTheVixen (me, the composer), you (the client) agree to the following terms:
1. Ownership:
A. The composer will retain copyright of all works created under commission, unless otherwise agreed in writing. If rights are transferred to the client, the composer will relinquish the copyright to the work once ownership has been transferred.
B. The composer retains the right to exhibit the commissioned work in all mediums, unless otherwise agreed in writing. If copyright ownership is transferred, the composer retains the authority to claim creatorship of the original work.
C. The client will recieve ownership of the commissioned work upon completion. The client may use the work for their own projects freely, however they must credit the composer where possible when the work is used, uploaded, transformed or distributed, and may not sell copies of the work in any format or medium or use the work for commercial purposes unless otherwise agreed in writing.
D. The client may sell and/or transfer ownership of the work to another party. When you sell the work, you also sell ownership of the work. All rights that were transferred to the client originally are then transferred to the new purchaser. The original purchaser / the client would no longer have rights of the work, and as such would not be permitted to reproduce, resell or redistribute the work.
2. Payment and refunds:
A. Pricing is set by the composer at the time of requesting the commission. An upfront payment of 100% of the amount due will be required at the time of commissioning. This is non-negotiable, and work will not be completed until payment is made, unless otherwise agreed in writing.
B. If payment of the full owed amount is not made within 14 days of requesting the commission, the composer reserves the right to cancel the commission with immediate effect, unless otherwise agreed in writing. If the commission is cancelled, the client may request a new commission from the composer, but this would be subject to availability and pricing at the time of the new commission.
C. In the event that the composer cannot complete the work for unexpected circumstances, or if the client requests a refund, the composer will offer a refund based on the completion percentage of the work. If the work is at 50% completion or less a refund of 50% of the total payment will be offered. If the work is between 51% and 75% completion, a refund of 25% of the total payment will be offered. If the work is more than 75% complete, no refund will be offered. The percentage of completion is determined by the composer at the time the refund is requested or the composer determines they are unable to complete the work.
3. Progress and communication:
A. Throughout the creation process, the composer will communicate with the client and provide the client with progress updates to ensure the work is being completed to the client's satisfaction.
B. The composer will provide recordings of the work in progress for the client to listen to. Incomplete work may only be shared with others for opinions and feedback only. This work should not be used, uploaded, transformed or distributed for any other purpose. The composer retains all rights of ownership of the work in progress.
C. The composer will provide progressive updates of the composition at 1-minute intervals as the composition is completed.
D. The composer will provide a preview of the final mix for the client's approval before completing the commission and handing ownership over as per section 1C of these terms.
E. Upon receipt of the final mastered work, the client may request minor changes to the composition, mix, or master (see section 4) within 7 days. After the client is happy with the agreed changes, or once 7 days without a change request has elapsed, the commission will be considered complete and the contract will be fulfilled.
4. Changes and corrections:
A. Each commissioned work has an allowance of 2 free major changes and unlimited minor changes, within reason. Severity of the changes are determined by the composer. If the composer determines that the number of minor changes being requested is excessive, the client will be advised that further changes will be subject to a fee determined by the composer.
i. A major change is generally characterised as a significant alteration of the composition, mix, or master (changing melodies, changing the mix on several tracks, completely redoing the final master).
ii. A minor change is generally characterised as a small alteration of parts of the composition, changes in instrumentation, mix, or master (changing a few notes in a melody, altering the mix on 2 tracks or less, changing parts of the EQ in the mix or master).
B. Major changes to the composition can only be made before the work has been completed and before the client have approved the finished composition. Afterward, only minor changes can be made to the composition.
C. Minor changes can be made at any time before the commission is complete and ownership is transferred to the client.