TERMS OF SERVICE
Subject to change without notice.
• By purchasing DLSea Studios' services (music, Vocal work), you automatically agree to the following conditions.
• Please read this entirely and carefully. Your commission will be refused if you do not agree to these terms.
• If you are not comfortable with the Terms of Service and/or are not willing to agree to the conditions, please do not request a commission.
• DLSea Studios (we/our/ours) do not allow our services to be used for Royalty-Free sites and the like. Please do not upload music to any royalty-free sites as this could compromise our work.
• NFT, NSFW, or Political usage is strictly forbidden. (More on this below in "Studio.")
• If you have any questions, please contact DLSea Studios via eMail ([email protected]) or Twitter (@DLSeaStudios).
- By commissioning DLSea Studios, you agree that you have read and accepted all the terms described herein.
- You will agree here to the policy of using the works for personal, non-profit purposes unless otherwise stated, and provide all music credits to DLSea Studios.
- Violators will be blacklisted indefinitely & without warning.
C L I E N T
• You, the Client, will be expected to first read our TOS and understand our general Commission Prices.
• You, the Client, may show our work on external sites as long as it is visibly credited and linked back to DLSea Studios' Twitter or YouTube.
• You may not upload or host our works in any gallery or page that is intended to display your own work only.
• You may not claim our works as your own, EVEN IF YOU PURCHASE A COMMERCIAL LICENSE.
• Please only upload the low-quality file publicly unless otherwise discussed.
• You may use the music for personal use including but not limited to: streams, content creation (Including Live Streaming), and your website(s). You MUST credit and link back to DLSea Studios.
• You reserve the right to create an otherwise physical copy of the music as long as it is for your PERSONAL use only (ie. NOT for sale).
• You may arrange (or have arranged) your piece of music, but you may NOT sell arrangement(s) OR recordings of arrangements. They may be used for personal purposes ONLY, as a FAN-ARRANGEMENT.
• In the case of royalty-free music, you retain NO exclusive rights. This means, others may also use said works.
- In the case of royalty-free work, you MUST credit DLSea Studios as the composer & arranger, along with the track title, if applicable.
• You are NOT authorized to change, modify, edit or use DLSea Studio's works in any way without our permission.
• You are NOT authorized to record/arrange over DLSea Studios' music in any way, including the use of the music as a “base.”
• Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on our profile(s), as well as private messages. We reserve the right to blacklist anyone (and obviously refuse your commission request) over harassment.
• Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.
• Whether or not your commission is a commercial order, you MUST allow the insertion of the DLSea Studios Audio Logo (in lieu of a watermark) in the final piece. (Listen to DLSea Studios' Audio Logo HERE) Additionally, you must Credit (and, if applicable, link back to) DLSea Studios.
• In the event of a discount (for any reason or by any amount) or gift (be it a contest prize or otherwise), you are NOT authorized to disclose the total amount you paid.
• DLSea Studios reserves the right to blacklist anyone disclosing any sensitive information from any parties involved in any transactions.
• By placing an order, you agree to these terms and conditions. Please read these terms carefully.ㅤ
S T U D I O ㅤㅤㅤㅤㅤ(A R T I S T)ㅤ
• By commissioning us, you are purchasing our service(s) as a studio only.
• We reserve the right to post your finished artwork in our portfolios, social media, or personal sites for any reason.
• We reserve the right to decline any project or client for any reason.
• We reserve the right to stop work on your project(s) WITH PROPER NOTIFICATION if we no longer wish to work on your project for any reason.
◆ We do not make music for the following:
- Adult content, Political, Religious (with exceptions, at our discretion, for any reason), controversial/sensitive media, or ant content that might violate TOS of social media sites (at our discretion)
• We will NOT make arrangements of copyrighted music, except with EXPRESS DIRECT WRITTEN PERMISSION (in the form of an email) from the original copyright holder.
• If you fail to pay for your music within seven (7) days of invoice (or final invoice if you've received more than one) WITHOUT ANY COMMUNICATION, the agreement will be null & void, and the music will belong to DLSea Studios. You will also be blacklisted indefinitely.
-In the case of commercial/rush orders (which require full payment upfront), you will be charged a cancellation fee AS WELL AS a "Defunct-Client Fee", then refunded the rest.ㅤㅤ
C O M M E R C I A L ㅤㅤㅤㅤㅤㅤ U S A G E ㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤ A G R E E M E N T
• If you, the Client, wish to order a commission for Commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.
• The minimum price increase is 300% of the final price (including any add-ons). However, We reserve the right to charge more if we deem fit.
• RUSH ORDERS WILL BE CHARGED EXTRA, BESIDES COMMERCIAL FEES.
• Your order will be marked "COMMERCIAL".
• Commercial orders will need to be paid 50% upfront (you will be sent an invoice). The rest will need to be paid before mixing/mastering commences. (you will be sent an additional invoice).
• If your order is a "SWIFT or LIGHTNING" rush order, full payment will be required upfront (see "Rush Orders" below).
• The following cases are considered commercial use:
_____________________________- Reproducing and selling the music (publicly or privately)
- FOR-PROFIT social media accounts and content creation (live streaming may be exempt, at our discretion)
- Commercial Games
- Live/Film, Animation, or Audio productions with the intent to make a profit, regardless of the platform or format
- Commercials/Advertisements (TV, film, Radio, etc)
Commercial License Packages.
• SILVER PACKAGE•
Advertisements/Commercials, Non-Stream Content Creation (For-Profit)• 300% of final price (after any add-ons. Rush-Order fees are extra) + 15% royalties
• GOLDEN PACKAGE•
Commercial Games, Productions (as specified above) with the intent to make a profit, Direct Reproducing/Selling (for albums or otherwise)
• 400% of final price (after any add-ons. Rush-Order fees are extra) + 15% royalties
C O P Y R I G H T
• DLSea Studios retains all copyright over works (Whether in-progress or finished), which includes the right to redistribute, reproduce, or use the music as a sample for sales or self-promotion unless otherwise agreed upon. In the case of a Public Commission, DLSea Studios may post to social media (eg. post it to other sites such as Instagram, youtube, business sites, ko-fi, patreon, etc), REGARDLESS OF WHETHER THE COMMISSION IS COMMERCIAL OR NOT. However, we will name the project/purpose of said music/sample.
• DLSea Studios reserves the right to add an audio-watermark to Works in Progress (WIPs) or finished pieces. ALL music will be a low-quality until paid in full. You will be sent an UHQ version (via Dropbox or google docs) upon FULL PAYMENT, and the audio watermark will be removed.
• Your music will contain a variant of the DLSea Studios Audio Logo (Listen to DLSea Studios' Audio Logo HERE), regardless of the tier or commercial status (or lack thereof). This is our musical "signature". The musical signature may be woven into the music itself, but it will be there. THIS IS NOT NEGOTIABLE UNDER ANY CIRCUMSTANCES.
• In the case of a commission, DLSea Studios will not reuse/resell music, unless the client fails to pay, in which the music belongs to DLSea Studios (and the client being blacklisted).
ㅤN O N ㅤ- D I S C L O S U R E ㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤ A G R E E M E N Tㅤㅤㅤㅤㅤㅤㅤㅤㅤ ㅤ R E Q U E S T S
ㅤ• Production of your commission may be publicly streamed (Twitch, Youtube, Discord, etc) and progress/teasers posted to social media, patreon, etc. If you wish for your request to be private, it must be stated during the ordering process by filing for a NON DISCLOSURE AGREEMENT (NDA) between you (the client) and us (DLSea Studios).
• The privacy request entails that we are not allowed to share any WIPs on social media, nor are we allowed to stream the process of the commission anywhere.
• IN ADDITION TO THIS, this also means that YOU, THE CLIENT, must refrain from sharing any such spoilers or progress, yourself. (This is especially important to consider if you are a Vtuber and want audio kept private until your Vtuber debut.)
• If you file for an NDA, the music will STILL be uploaded to Youtube (albeit private), for studio records and safety.
• NDAs will be upheld for a MAXIMUM of 180 days (unless otherwise discussed).
• DLSea Studios reserves the right to charge a fee if we deem fit.
• The NDA fee usually starts at +5% of the total quote, but it might differ. The bigger the project (and the longer the time until posting requested), the bigger the fee.
• If you file for an NDA, but fail to refrain from posting progress/spoilers until FULL PAYMENT IS SENT, then DLSea Studios reserves the right to post/stream progress. ADDITIONALLY, you will still be charged the privacy fee (if applicable) for violating your own NDA.
O R D E R I N G
• You are expected to read and understand the process for ordering BEFORE sending your commission request eMail. (Ordering process can be found HERE).
• You will then get a reply discussing the details (if needed) as well as confirmation of your slot + your assigned unique 6-figure catalogue number. (EX."DSM-001").
• We reserve the right to make changes to your request as we see fit unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements in your eMail.
• If your commission is extremely intricate, we have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (eg. change the ordering tier, agree to shortened time or concept changes) before the transaction is complete.
• Please make your request concisely worded with minimal abbreviations, so we can better serve you.
• Any emails, private messages, and comments are preferred to be in English. (otherwise, we may refuse your commission request)
• Please be advised that progress on your commission CANNOT continue without proper feedback/notes, if applicable. In the event there are no notes or feedback to give, you would simply say something like "No notes. Just keep going".
• If you wish to upgrade your tier during the commission, please contact us immediately.
• You will be sent an invoice once we reach agreement on your piece, length, theme, etc. Full payment must be made up front.
• Once a piece is ready to be mixed/mastered, changes cannot be made to the track itself. Otherwise, extra fees may be incurred.
• If it is found that you're using commissioned music for Adult content, Political, Religious (with exceptions, at our discretion, for any reason), controversial/sensitive media, or any content that might violate TOS of social media sites (at our discretion), that is a violation of these ToS and you will be asked to cease in a timely manner. Refusal will result in your blacklisting.
ㅤ** P A Y M E N T**
ㅤ• FULL PAYMENT UP FRONT IS REQUIRED.
• PLEASE DO NOT SEND ANY MONEY OR PAYMENT UNTIL YOU ARE SENT AN INVOICE (OR INVOICES).
• DLSea Studios will initiate the transaction to avoid accidental transactions. Do not send any kind of payment until we have confirmed your agreement on the track AND have asked for payment.
• Payments via Paypal are sent via Invoice method only unless otherwise stated. DLSea Studios will cover the Paypal fees as it is expected from the Artist per PayPal ToS. What you see is what you will have to pay.
• DLSea Studios is not responsible for any mistakes that are made on your part over the course of the transaction.
• Payments must be made in US Dollars (USD) via Paypal as payment. You are responsible for making currency conversions.
• It is expected that you deposit 100% of the final price (this includes ALL add-ons and fees) before production of your piece commences.
• After payment is received, your commission will be commenced. You, the client, are responsible for providing feedback for the composition (and later mixing/mastering of the piece), if any.
• DLSea Studios will not accept payment from shared PayPal accounts unless you are not of legal age and use a parent/guardian’s PayPal account.
• If payment is not made within 48 hours after the Invoice is sent AND communication as to why is not established, the commission will be cancelled and you will be blacklisted.
• If you are a student, you may be eligible for a discount ONLY If the commission is to be used in a school project that is to be for a grade. You must specify this WHEN YOU ORDER. (If possible, provide the class subject ONLY. No locations or doxxing yourself.)
• Please note that we cannot, under any circumstances, send a physical copy of your music. You will be sent a link to a digital download.
ㅤR E F U N D ㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤ P O L I C Yㅤ
• Refunds MUST be requested within 24 hours of payment for a FULL refund (minus paypal transaction fees).- In the RARE event that DLSea Studios cannot fulfill your order, you will be notified immediately and refunded as soon as possible (minus paypal transaction fees).
- If you wish to cancel an active commission, please notify DLSea Studios within 24 hours of payment so your money can be refunded as soon as possible (minus paypal transaction fees). DO NOT FILE A CHARGEBACK.
- Please note that cancelling an active commission after the 24 hour grace period will be charged a cancellation fee of up to 20% of final price (including all fees/add-ons).
- After mixing and mastering of your finished music commences, it is not possible to stop or cancel a commission. Therefore, after this point, refunds are no longer available.• If, after receiving the invoice , you refuse to pay invoice , the commission will be cancelled and you will be blacklisted.
• Payment plans are not accepted.
ㅤC H A R G E B A C K
ㅤ• You are NOT authorized to issue a chargeback for any reason.
• If, for any reason, your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact us as soon as possible in order to resolve the issue.
• You are required to contact us when you need to cancel a commission request.
• Purposefully issuing a chargeback without contacting us to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts.ㅤQ U E U E ㅤㅤ / ㅤㅤㅤㅤㅤS C H E D U L I N G ㅤㅤㅤ / ㅤㅤ W O R K ㅤㅤㅤ ㅤㅤㅤㅤㅤ S P E E Dㅤㅤㅤㅤㅤ /ㅤ ㅤㅤㅤㅤD E A D L I N E S
ㅤ• Your initial order inquiry will be responded to in 3-5 days time. If you are accepted, your slot will be confirmed and you will be assigned a unique 6-figure catalogue number. (EX."DSM-001")
• Once theme, length, etc. are agreed upon, you will be sent an invoice.
• You reserve the right to set a deadline for your commission. This deadline MUST be disclosed prior to start date.
• DLSea studios reserves the right to decline a project if there is too short of a time allowance. We reserve the right to take up to 3 weeks to begin work on your project, and up to an additional 3 weeks to work on said project.
• If you did not specify a deadline, you must not send reminders until this 3 week buffer period has passed. Reminders will be ignored if they relate to works that have been prioritized above your project, including other commissions and gifts.
• If due dates are discussed, it is also the clients' responsibility to ensure prompt communication. DLSea Studios shall not be held responsible for late delivery due to lack of communication.
• No harassment over work speed will be tolerated, regardless of the time that has passed.
• DLSea Studios will not necessarily work on commissions in the order they are received, due to time constraints, rush orders, etc.
• You reserve the right to be notified of any delays.
• If, for whatever reason, we cannot fulfill your commission (BEFORE the mixing/mastering process), you will be relieved of any financial responsibility (minus paypal transaction fees), and the commission will be cancelled (at no fault of your own). Furthermore, you will be welcome to request a commission in the future, if you so wish.
ㅤR U S H ㅤㅤㅤㅤㅤ O R D E R S
ㅤ• YOU MUST SPECIFY UP-FRONT IF YOUR ORDER IS A RUSH ORDER. They can be very costly and will be handled accordingly:
**RUSH ORDER OPTIONS
• RUSH ORDER (SWIFT) - On or within Seven (7) days of commission start- You will be charged an additional 200% of the final price (including ALL fees (commercial or otherwise) & add-ons).
- ADDITIONALLY, 100% of your ENTIRE ORDER must be paid up front, INCLUDING ALL FEES (commercial or otherwise).
- You will receive your order once mixing and mastering is complete AND the other 50% of the order is paid.
- DLSea Studios is not responsible for any delays due to delayed payment.
• RUSH ORDER (LIGHTNING) - On or within 72 hours from commission start•
- You will be charged an additional 400% of the final price (including ALL fees (commercial or otherwise) & add-ons).
- ADDITIONALLY, THE ENTIRE ORDER MUST BE PAID UP-FRONT, INCLUDING ALL FEES (commercial or otherwise)
- You will receive your order once mixing and mastering is complete.
- BE ABSOLUTELY SURE YOU WANT THIS, as progress on ALL OTHER COMMISSIONS OR PROJECTS WILL BE HALTED to bring this commission to you.
- Depending on the complexity of the piece or tier chosen, your order may not be eligible for a lightning order.• Whether or not you file for a rush order, you will be notified when work on your commission begins (So you can give live feedback, if you so wish).
• However, in some cases, we are able to accept a rush order that would bring your queue up forward significantly (Be it workload, selected tier, etc).
• Dates available are subject to change. Details are to be discussed should the client have set dates.ㅤ
ㅤR E V I S I O N S ㅤㅤㅤㅤㅤㅤㅤㅤ A N D ㅤㅤㅤㅤㅤㅤㅤㅤㅤ F E E D B A C K
ㅤ• You will be sent a low-quality file (usually .mp3) with an audio watermark as an attachment in the email or a DM.
• The responsibility is on you to ensure the music is exactly as you want (and appropriate feedback given should the music not be what you want).
• DLSea Studios is not responsible for any unsatisfactory element(s) of the finished music if no feedback was given to amend it.
• You will only receive a guaranteed work in progress (WIP) when the track is complete, but you are free to request a WIP at any given time.
• Up to two major revisions can be made during the "composing" phase of the commission. Only minor adjustments within reason can be made afterwards.
• Each time a WIP is sent, you are asked to provide feedback.
• Changes to the music will only be made before mixing/mastering begins. Adjustment, balance, fine-tuning, ect. will be adjusted/corrected AFTER mixing/mastering begins.
• In the absence of feedback from the client, any changes to the final piece will be subject to a fee.
• DLSea Studios will not remake (redo, recompose, etc.) a completed commission unless payment is received for a second order.
ㅤF I N A L ㅤㅤㅤㅤㅤㅤㅤ P R O D U C T
ㅤ• Due to constant improving, evolving of techniques, technology, etc., there may be slight differences between the samples in the DLSea Studios portfolio and the music you will receive.
• DLSea Studios reserves the right to reject critiques pertaining to musical skill and stylization, and if the critique reduces the musical/audio quality of the piece.
• Credit to DLSea Studios, the Artist, is required when you post or use it on another platform.
• You, the Client, are responsible for saving any information or other digital data provided.
• Any file you paid for will be available from DLSea Studios for a finite time only. We take measures to preserve most files for up to 2 months. However, we cannot guarantee against computer failure or accidental deletion or loss.
• DLSea Studios is not required to post your project in any public space, and if posted, we are not required to keep it there indefinitely. DLSea Studios has the right to delete or remove any public project, even if you paid for it, as you should have your own copy for personal use.
• Feedback of the final product is permitted after completion of the piece, through private messages or comments.
• Any comments that are deemed rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.