Terms & Agreements

01 Licensing

1. All designs are provided under a single-use license and are not authorized for resale, redistribution, or gifting to any third party.
2. Custom designs are intended solely for use by the purchaser, or an authorized recipient expressly acting on behalf of the purchaser.
3. Unauthorized use or violation of this agreement may result in legal action.
4. By commissioning and making payment to OSUPhoenix Streamworks, you acknowledge and agree to these licensing terms.
5. This agreement is to be read in conjunction with the OSUPhoenix Streamworks Digital Products License, which governs pre-made downloadable products purchased from the store.

02 Contact & Communication

1. OSUPhoenix Streamworks will consult with the client to clarify and align on the intended design vision. Communication will occur through designated platforms including Discord direct messaging, Facebook Messenger, or email at OSUPhoenix.Gaming@gmail.com.
2. For privacy and security reasons, personal contact details such as phone numbers or home addresses are not provided.
3. Inquiries will be responded to within a reasonable timeframe. Persistent, unwanted contact (spam) will not be tolerated and may result in termination of the commission without refund of any deposit paid.

03 Refunds

1. Refunds will not be issued after the delivery of any 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 considered only under extreme circumstances, such as significant life events, natural disasters, or other situations of similar severity, at the sole discretion of OSUPhoenix Streamworks.
4. Cancellation of a commission by the client does not entitle the client to a refund of any deposits or down payments already made.

04 Payments

1. A 20% non-refundable down payment is required for orders totaling $100 or more. No work will begin until the down payment is received.
2. Down payments should only be made once OSUPhoenix Streamworks confirms availability and readiness to begin work on the commission.
3. The remaining balance is due upon completion of the work and prior to delivery of any files.
4. Failure to complete payment within 60 days of notification of work completion will result in forfeiture of the commissioned design. OSUPhoenix Streamworks may then redistribute or repurpose the work at its discretion.
5. Any redistributed or repurposed designs will have all purchaser-specific trademarks, names, logos, and branding removed prior to redistribution.

05 Revision Fees

1. Additional fees may apply if significant changes to the original agreed scope are requested during the creation process.
2. Fees will be based on the scope of the changes — either at an hourly rate of $20 or as a flat fee determined by OSUPhoenix Streamworks.
3. The client will be notified of any applicable fees before they are applied. Work will only continue after mutual written agreement on any additional fees.
4. Minor revisions within the original scope will not incur additional fees.

06 Unused Asset Reuse Policy

1. If commissioned work remains unused for one (1) year after delivery, OSUPhoenix Streamworks reserves the right to repurpose general design elements for other projects or resale.
2. Unique branding elements — including but not limited to logos, channel names, and purchaser-specific identifiers — will not be reused under any circumstances.
3. OSUPhoenix Streamworks does not require permission from the client to repurpose non-identifying design elements after the one-year inactivity period.

07 File Retention Policy

1. Storage Duration. OSUPhoenix Streamworks will retain original project files for a minimum of six (6) months following delivery. After this period, files may be securely deleted. OSUPhoenix Streamworks is not obligated to retain or reproduce original files beyond this period.
2. Re-rendering Requests. Requests to re-render, recreate, or retrieve previous works beyond the six-month retention period will incur additional fees based on the complexity of the request.
3. Client Responsibility. It is the client's sole responsibility to securely store and back up all delivered digital files upon receipt. OSUPhoenix Streamworks is not liable for loss, damage, or mismanagement of delivered files by the client.
4. No Refunds for Lost Files. Loss of digital goods by the client does not entitle the client to a refund or recommission at no cost. Any new request will be treated as a separate commission under new terms.

08 Portfolio & Display Rights

1. Display Rights. OSUPhoenix Streamworks retains full rights to showcase commissioned work as part of its portfolio across all platforms and media, including websites, YouTube, live streams, social media, promotional materials, and industry presentations.
2. Confidentiality Exclusions. If commissioned work contains sensitive or proprietary information, the client must provide written notice prior to commencement of work. Reasonable confidentiality requests will be honored.
3. Attribution. OSUPhoenix Streamworks reserves the right to include its logo, name, or watermark on displayed portfolio works, unless otherwise agreed upon in writing.
4. Minor Revisions for Display. OSUPhoenix Streamworks may make minor formatting or cropping adjustments to work displayed for portfolio purposes, provided such changes do not misrepresent the original design.
5. Client Acknowledgment. By commissioning OSUPhoenix Streamworks, the client acknowledges and agrees to these display rights. Any restrictions must be agreed upon in writing before work begins.

09 AI-Assisted Tools

OSUPhoenix Streamworks may use AI-assisted design tools as part of its creative workflow — for ideation, prototyping, texture generation, or other supporting tasks. Final delivered work represents the original creative output of OSUPhoenix Streamworks. The use of AI tools does not diminish the quality, originality, or licensing terms of any delivered product. If a client has specific requirements regarding AI tool usage, this must be communicated and agreed upon in writing before work begins.

10 Force Majeure

1. Definition. OSUPhoenix Streamworks shall not be held liable for delays or inability to complete work caused by events beyond its reasonable control, including natural disasters, acts of war or terrorism, government actions, pandemics, power outages, cyberattacks, or internet service disruptions.
2. Notification. In the event of a force majeure occurrence, OSUPhoenix Streamworks will promptly notify the client and provide an estimated resolution timeline.
3. Extensions and Termination. Deadlines may be extended based on the duration of the event. If the event prevents completion for more than 30 days, either party may terminate the agreement without penalty.
4. Exclusions. This clause does not apply to payment obligations already due or work already delivered.

11 Dispute Resolution

1. Governing Law. This agreement is governed by and construed in accordance with the laws of the State of Texas. All disputes arising from or related to this agreement shall be subject to the exclusive jurisdiction of the courts of Guadalupe County, Texas.
2. Step 1 — Negotiation. Both parties will engage in good-faith negotiation to resolve any dispute amicably before pursuing further action.
3. Step 2 — Mediation. If negotiation fails, both parties agree to engage in mediation facilitated by a neutral third-party mediator. Costs will be shared equally.
4. Step 3 — Arbitration. If mediation fails, the dispute will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Guadalupe County, Texas, unless both parties mutually agree to another location. The arbitrator's decision is final and enforceable in court. Costs of arbitration are shared equally; each party is responsible for its own legal fees.
5. Transfer. This agreement cannot be transferred or assigned to any third party without written consent of both parties.

12 General Provisions

1. Entire Agreement. This document constitutes the entire agreement between the parties regarding commissioned work and supersedes any prior written or oral agreements. Modifications must be in writing and agreed upon by both parties.
2. Severability. If any provision of this agreement is found invalid or unenforceable, the remainder of the agreement shall remain in full force and effect.
3. Guarantees. OSUPhoenix Streamworks makes no guarantees as to specific results, financial outcomes, or performance metrics resulting from the client's use of any delivered work. The client agrees to take responsibility for their own results.
4. Waiver. Failure by either party to enforce any provision of this agreement shall not constitute a waiver of any other portion or provision.