TERMS OF SERVICE.
Last updated - October 13rd, 2024.
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commissions and digital goods.
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GENERAL TERMS.
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• Commissions are digital goods. No physical item will be delivered.
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• All commissions must be submitted through the appropriate commission form.
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• Aerlya Graphics reserves the right to refuse any commission form submission.
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• Upon delivery, commissions will not be resold or redistributed by Aerlya Graphics unless otherwise agreed upon with the client.
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• By default, Aerlya Graphics reserves the right to use commissions for self-promotion (e.g: Twitter posts, Twitch/Discord process stream, Speedpaint videos...). Full privacy may incur additional fees and must be notified by the client prior to any payment.
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• Aerlya Graphics reserves the right to cancel any order if there is strong animosity between the artist and the client.
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• Upon payment, the client is expected to keep Aerlya Graphics informed of any update of their contact information. If all information provided becomes unusable before the start of the order and the client can no longer be reached, the commission will be cancelled after 10 business days. The client will no longer be eligible for a refund.
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• Prices are final and non-negotiable. Any attempt to negotiate pricing will result into Aerlya Graphics declining the request.
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• Using commissioned products in any blockchain-related technology, such as (but not limited to) NFTs and cryptocurrency, is strictly prohibited.
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• Using commissioned products in any AI/ML model training is strictly prohibited.
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• Terms of Service are subject to change without prior notice. Any change will be effective immediately upon public posting. Please check this page regularly to stay updated on the latest version.
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PAYMENT, DISCOUNTS & REFUNDS.
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🌿 PAYMENT & FEES
• All payments are requested through PayPal invoice in EUR (€).
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• Payment must be made in full upfront. Invoice totals over 300€ can be paid partially upon request: 50% will be due upfront and the remainder 50% will be due upon approval of sketches/draft designs.
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​• A 10% fee is applied to every order to cover software subscriptions and administrative fees. ​​​
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🌿 Delivery options​​
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• By default, the order will be completed when the client's slot in the queue is reached. Delivery may be delayed by deadline/rushed orders. Any delay affecting a commission will be notified to the client.
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• The client can request a deadline for their commission. If the project is accepted, a +50% to +80% fee per item will be applied to the order, based on workload, timeframe and complexity of the project. Deadline orders must be paid in full upfront.
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• The client can request a rush delivery for their commission. If the project is accepted, a +100% fee per item will be applied to the order. Delivery is guaranteed within 2-5 days upon receipt of payment. Rush orders must be paid in full upfront.
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• The client can request an express delivery for their commission. If the project is accepted, a +200% fee per item will be applied to the order. Delivery is guaranteed within 1 day upon receipt of payment. Express orders must be paid in full upfront.
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• The client can request a non-disclosure agreement for their commission. Progress and final product will be kept private and will only be shared to the client and any other party directly involved with the commission, with prior approval from the client. The client can request for full privacy (references, process and final product will be private) for a +100% fee per item or partial privacy (references will be private) for a +50% fee per item.
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🌿 referral program & Discounts
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The client may accumulate multiple discounts on one order.
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• Referred clients get -20€ off their first order if under 300€, and -50€ off their first order if above 300€. For every 5 referrals leading to a commission, the referee gets a 150€ coupon to spend on any service from this website. This can occur multiple times.
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• VIP Clients get a 10% discount on every order, access to priority queue and no administrative fees. The VIP status is given manually at Aerlya Graphics' discretion and cannot be requested.​​
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• Being a Tier 3 Ko-fi member "Floof Town Royalty" also offers access to priority queue. Please be sure that your display name and Ko-fi name match, or leave a note with your Ko-fi username when placing an order!
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🌿 recommended artists
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If you can't find what you need here, here is a list of artists I can vouch for !
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ByPandas - Illustrator
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TinyTonyBean - Illustrator, animated emote artist
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ZiyanSu - Music producer
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Cthulhulel - Illustrator, Emote artist
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RissaRambles - Emote artist, L2D rigger and Vtuber model artist
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LittleLuly - Artist, animator
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🌿 cancellations, refunds & Chargebacks
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• Administrative fees are excluded from all refunds.
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• The client is eligible for a refund if the commission is cancelled prior to the start of the project.
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• The client is no longer eligible for a refund if they choose to cancel a commission after the project has been started.
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• If Aerlya Graphics fails to meet a deadline or any other requirement requested in the initial agreement, the client will be eligible for a refund.
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• Chargebacks are strictly prohibited.
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• Repeatedly cancelling commissions will result into immediate blacklisting.
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• Purposeful chargebacks with no prior notifications to Aerlya Graphics will result into immediate blacklisting including public display of: e-mail address, PayPal e-mail adress and Social media handles.
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CONFIDENTIALITY.
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• Neither Party (Aerlya Graphics and the client) shall use, disclose or make available to any third party the other Party’s Confidential Information, unless such use or disclosure is done in accordance with Aerlya Graphics' Terms of Use.
• Each Party must hold the other Party’s Confidential Information secure and in confidence, except to the extent that such Confidential Information:
a. is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency; or
b. was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorisation.
• This clause will survive cancellation of the commission and any other agreement and license.
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🌿 privacy policy
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I receive, collect and store any information you enter on our website or provide us in any other way. In addition, I collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. I may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. I also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
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When you conduct a transaction on our website, as part of the process, I collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
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I collect such Non-personal and Personal Information for the following purposes:
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To provide and operate the Services;
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To provide our Users with ongoing customer assistance and technical support;
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To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
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To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which I or my business partners may use to provide and improve our respective services;
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To comply with any applicable laws and regulations.
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Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
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I may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement I may have with you. For these purposes I may contact you via email, telephone, text messages, and postal mail.
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If you don’t want us to process your data anymore, please contact us at contact@aerlyagraphics.com.
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Aerlya Graphics reserves the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If I make material changes to this policy, I will notify you here that it has been updated, so that you are aware of what information I collect, how I use it, and under what circumstances, if any, I use and/or disclose it.
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If you would like to: access, correct, amend or delete any personal information I have about you, you are invited to contact Aerlya Graphics at contact@aerlyagraphics.com.
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COPYRIGHT & USAGE​.​
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• Aerlya Graphics disclaims any responsibility for copyright issues. By providing material (sounds effects, artwork, fonts, etc...) for Aerlya Graphics to use, the client guarantees ownership of the correct licenses.
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• The client does not have the right to repurpose, redistribute or edit any of the commissioned products unless an Extended license has been provided by Aerlya Graphics.
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• The client does not have the right to claim the commission as their own work, even after purchasing an Extended license and editing the design.
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• If the client purchases any editable source files (.psd, .ai, .aep files), they are authorized to modify the product but not repurpose or redistribute it unless an Extended license has been provided by Aerlya Graphics.
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• Under personal use, the client is encouraged to credit Aerlya Graphics by username (Aerlya Graphics), Twitter handle (@Aerlyagraphics) or website URL (https://aerlya.graphics) on any platform where the commission is displayed publicly.
• Under commercial use, the client must credit Aerlya Graphics by username (Aerlya Graphics), Twitter handle (@Aerlyagraphics) or website URL (https://aerlya.graphics) on any platform where the commission is displayed publicly.
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LICENSES (Personal, Commercial, Extended...).
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🌿 Personal use
• By default, commissions are delivered for Personal use. The client is allowed to:
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- Use any commissioned product on Twitch, YouTube for monetized content,
- Use any commissioned product on Social media platforms such as Discord, Twitter, Instagram, TikTok, etc...
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• Without prior approval or an appropriate license purchase, the client is not allowed to:
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- Use any commissioned product to produce merch or prints
- Use any commission product for paid content (Patreon, Ko-fi membership...)
- Resell any commissioned product
- Redistribute any commissioned product
- Edit any commissioned product
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🌿 Commercial License
• A Commercial license incurs a +100% fee per item. It can be purchased separately from the item at any time. ​Upon purchase of a Commercial license, the client will receive a License Agreement PDF document to review and sign electronically.
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• Upon purchase of a Commercial license, the client is allowed to:
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- Use any commissioned product on Twitch, YouTube for monetized content,
- Use any commissioned product on Social media platforms such as Discord, Twitter, Instagram, TikTok, etc...
- Use any commissioned product to produce merch or prints
- Use any commission product for paid content (Patreon, Ko-fi membership...)
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• Without prior approval or an appropriate license purchase, the client is not allowed to:
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- Resell any commissioned product
- Redistribute any commissioned product
- Edit any commissioned product
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• License purchases are not eligible to discounts.
• A commercial license cannot be transfered without prior written and signed agreement.
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• Under commercial use, the client must credit Aerlya Graphics by username (Aerlya Graphics), Twitter handle (@Aerlyagraphics) or website URL (https://aerlya.graphics) on any platform where the commission is displayed publicly.
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🌿 Extended License
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• An Extended license incurs a +300% fee per item. It can be purchased separately from the item at any time. ​Upon purchase of an Extended license, the client will receive a License Agreement PDF document to review and sign electronically.
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• Upon purchase of an Extended license, the client is allowed to:
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- Use any commissioned product on Twitch, YouTube for monetized content,
- Use any commissioned product on Social media platforms such as Discord, Twitter, Instagram, TikTok, etc...
- Use any commissioned product to produce merch or prints
- Use any commission product for paid content (Patreon, Ko-fi membership...)
- Resell any commissioned product
- Redistribute any commissioned product
- Edit any commissioned product
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• License purchases are not eligible to discounts.
• An extended license cannot be transfered without prior written and signed agreement.
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• Under commercial use, the client must credit Aerlya Graphics by username (Aerlya Graphics), Twitter handle (@Aerlyagraphics) or website URL (https://aerlya.graphics) on any platform where the commission is displayed publicly.
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• If a commissioned product is altered, Aerlya Graphics must still be credited as original designer.
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🌿 license upgrade
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• If a client owns a Commercial license to their asset and wishes to upgrade from Commercial to Extended, the fee will be deducted based on what has already been paid.
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COMMISSION PROCESS.​
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🌿 inquiry
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• Upon receipt of a commission form, Aerlya Graphics will review the request and contact the client. Based on the information provided, a PDF document including contact information, commission details, pricing and estimated delivery will be generated and sent to the client for approval.
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• If the information provided does not meet the client's expectations, they may decline the order.
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• If the information provided is approved by the client, a PayPal invoice will be sent.
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• Upon receipt of payment, the client will lock their slot in the queue and will no longer be able to add or remove any item they ordered. Minor edits on items that are already in the initial agreement are accepted.
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🌿 Design Process
• Once the project starts, the client will receive regular updates throughout the entire process. All drafts will be watermarked.
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• During the early stage (sketch/draft), the client may request up to 3 revisions per item for free. Additional revisions will incur an extra 5% fee per edit.
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• During the second stage (lineart, base colors, layer separation), the client may request unlimited minor revisions (color fix, minor illustration edit) per item for free. Major revisions (destructive edits completely different from the initial request) will incur a 20% fee per edit.
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• During the final stage (shading, animation, final touches), the client may request up to 2 minor revisions per item for free. Major revisions will be charged the initial cost of the item.
• Once a project has been started, the client is expected to provide feedback on each version Aerlya Graphics is providing. If the client fails to provide feedback, the commission will be put on hold.
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Tip : Feedback should be concise. The client is encouraged to send all feedback at once to avoid quickly consuming revisions.
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🌿 Delivery
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• Any additional fees must be paid prior to delivery.
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• Once the project is completed, the client will receive a final showcase version of the entire commission to ensure they're satisfied with the products.
• If approved, the files will be sent unwatermarked at full resolution through a Google Drive link.
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🌿 Post-Delivery edits
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• Once a commission is delivered, edits will no longer be free of charge, save in exceptional circumstances. To be eligible, edits must be requested within 10 business days following delivery. If requested in time, rates will be as follows:
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5€ per minor edit
8€ per minor edit on animated assets
10€ per minor illustration edit (scene, emote, badge...)​
20-40% of the initial price for major edits
Minor edits include (but are not limited to): recolor, text edit, icon edit...
Major edits include (but are not limited to): animation, destructive edit on illustration,
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Past 10 business days following delivery, edits will be charged 50-100% of the initial cost of the item.
ych COMMISSION PROCESS.​
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🌿 inquiry
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• Upon receipt of a commission form, Aerlya Graphics will review the request and contact the client to provide an estimate turnaround time and a quote.
• If the client agrees to the quote and turnaround time, a PayPal invoice will be sent.
• Upon receipt of payment, the client will lock their slot in the queue and will no longer be able to add or remove any item they ordered. Initial agreement can no longer be edited.
• If the client's character design reference changes before the commission starts, Aerlya Graphics must be notified at least 5 business days before the project starts.
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🌿 Design Process
• Once the project starts, the client will receive one update on the art. Only 1 revision is allowed. Edits on body/head proportions or line thickness are not allowed.
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• After approval, the animation stage will start. There is no revision allowed.
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• Once the project is completed, the client will receive the files through a Google Drive link.
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🌿 Delivery
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• Once the project is completed, the client will receive the files through a Google Drive link including a Preview file. The client is allowed (but not obligated) to post the Preview file on social media.
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• Post-delivery edits are not allowed.