Music commission terms and conditions
These terms apply to all music commissions carried out under my brand, Kimon Kitaru. By requesting and/or proceeding with a commission, the client acknowledges and agrees to the terms below.
1.Commission process
1.1 Initial contact
When wishing to commission a piece of music, the client may contact me through the platform where they found my work or through one of my official contact channels, such as my portfolio (the primary and most reliable option).
The client should provide as much relevant information about the project as possible, including, when applicable:
- Desired or approximate duration;
- Scene, game, animation, video, or project in which the music will be used;
- Desired mood, atmosphere, genre, instrumentation, or style;
- Reference tracks;
- Important musical requirements or restrictions;
- Intended platform and method of publication;
- Desired deadline.
The client is not required to provide all of this information. However, the more information provided, the greater the possibility of producing a result that adequately matches the intended vision.
1.2 Demo
Before the commission is definitively accepted, I may produce a small demo of approximately 30 seconds or less.
The demo is intended exclusively to establish the musical direction, atmosphere, and general creative approach of the project. It will not be considered the final product.
After reviewing the demo, the client may decide whether they wish to proceed with the commission.
The demo may not be used, published, distributed, monetized, or incorporated into any other project without my prior authorization.
1.3 Confirmation and deposit
After the client confirms that they wish to proceed, I will provide the estimated price and expected completion time.
A 50% deposit of the total price will be required before production begins. Please note that music specifically created for animations, scenes, or highly specific settings will require full payment upfront.
The official production timeline will only begin once:
- The commission has been formally accepted;
- The deposit has been received; and
- I have received all information and materials necessary to begin the work.
1.4 Ghostly Sounds
I have a private team of music composers called Ghostly Sounds, who may assist me with certain commissions depending on the needs and complexity of each project.
Members of Ghostly Sounds may participate in different stages of production, including composition, arrangement, orchestration, production, editing, or other aspects related to the creation of the music.
The use of assistance from the team will not necessarily result in any change to the price previously agreed upon with the client.
The decision of whether or not to use members of Ghostly Sounds to assist with a commission is part of my internal production process. Therefore, I am not necessarily required to inform the client in advance about the participation of team members, provided that the delivered work remains consistent with the previously agreed scope, quality, and conditions.
The officially registered members are:
- Akodo Fenyx
- Oneleaf
There are also trusted commission partners who may not necessarily be listed above. However, I guarantee that all required standards will be followed and that the commission will be successfully delivered, and such partners may also be included in commissions.
2.Deadlines
The time required for production depends on my current workload, the complexity of the project, the duration of the music, and the level of detail requested.
As a general reference, approximately 7 business days may be required for each finished minute of music.
This period is an estimate and does not necessarily represent a fixed or unchangeable deadline. Many commissions may be completed before this period.
It is important to understand that this average timeframe does not necessarily correspond to the amount of time I will need to finish one minute of music, but rather includes additional time to prevent unforeseen circumstances from affecting the established deadline.
The deadline may be extended when circumstances reasonably justify an extension, including:
- Unexpected technical issues;
- Illness or personal emergencies;
- Significant changes requested by the client;
- Delays in receiving information, references, feedback, or payments;
- Significant changes to the original scope of the commission;
- Circumstances beyond my reasonable control.
If a significant extension of the deadline becomes necessary, I will inform the client as soon as reasonably possible, and we may reach an agreement that does not unfairly affect either party.
2.1 Rush commissions
The client may ask whether the commission can be completed before the estimated deadline.
Rush commissions are subject to my availability and are not guaranteed.
If I accept a rush commission, an additional rush fee may be applied to the original price as compensation for the additional time and priority required for production. This fee depends on, but is not limited to:
- The number of commissions I am currently handling;
- The difficulty of the music;
- The deadline.
The rush fee is non-refundable once accelerated production has begun.
3.Pricing and payment
3.1 Price estimate
An initial price estimate may be provided during the early stages of negotiation.
The final price will be confirmed once the requirements and scope of the project have been sufficiently defined.
The final price may differ from the initial estimate if the client requests additional work, increased duration, greater complexity, additional deliverables, or other changes that significantly affect the project.
3.2 Payment schedule
Unless otherwise agreed upon in writing:
- 50% of the total price must be paid before production begins.
- The remaining 50% must be paid before the final files are delivered without a watermark.
Final files will not be delivered until the remaining balance has been paid in full.
3.3 Accepted payment methods
The currently accepted payment methods are:
- USD (United States Dollar);
- BRL (Brazilian Real);
- Robux, when applicable and agreed upon in advance.
Other payment methods will not be accepted unless expressly authorized by me.
For USD payments, Wise may be used as my primary payment-receiving service. PayPal may be available, but it is generally not the method I will use to receive payment.
The client is responsible for ensuring that the full agreed amount is received. Any transaction fees, currency conversion fees, or fees charged by intermediaries that result in a payment below the agreed amount may need to be covered by the client.
3.4 Illicit funds
I will not knowingly accept payments originating from illegal activities, fraud, unauthorized transactions, stolen funds, or other illicit sources.
3.5 Final price calculation
It is important to understand that my prices are determined by numerous factors, which may include:
- Duration: longer pieces require more time for composition, production, mixing, and finalization. Music exceeding 3 minutes may be subject to additional fees.
- Complexity: more detailed arrangements, a greater number of instruments, and more elaborate structures require additional work.
- Orchestration: orchestral and cinematic compositions may require a significantly more detailed production process.
- Quality and production level: the price takes into consideration the time required for composition, sound design, editing, mixing, and mastering.
- Rush: shorter deadlines may result in an additional fee due to the need to prioritize the commission.
- Revisions and changes: significant changes after approval of the original direction may result in additional costs.
- Use and purpose: commercial projects, public releases, exclusive use, and certain forms of licensing may have different prices.
- Additional materials: stems, MIDI files, project files, and other materials that are not part of the standard delivery may incur additional costs.
- Project complexity: specific requirements, numerous references, or particular technical needs may also influence the final price.
4.Commission scope and changes
The commission price is based on the scope agreed upon before production begins.
Requests that significantly alter the original concept, duration, instrumentation, arrangement, style, structure, or purpose of the commission may be considered additional work.
Additional work may require:
- An additional fee;
- An adjustment to the delivery deadline;
- A new agreement regarding the scope of the commission.
Minor adjustments that remain consistent with the original concept may be made at no additional cost, at my discretion.
The client should communicate important requirements and references before or during the early stages of production whenever possible.
Requests made near the completion of the music that require a significant reformulation may be considered a new stage of production and charged accordingly.
5.Revisions
Reasonable revisions may be requested when their purpose is to bring the final work closer to the originally agreed concept.
A revision does not mean creating a completely different composition.
Requests such as a complete change of genre, musical direction, structure, instrumentation, or original concept may constitute a new commission or result in an additional fee.
The number and extent of revisions may be discussed and agreed upon on a project-by-project basis.
The client is encouraged to provide consolidated feedback whenever possible, avoiding multiple independent and disconnected change requests.
6.Delivery
Final files will be delivered after the remaining balance has been paid in full.
Depending on the commission, delivery may include:
- WAV;
- MP3;
- Other previously agreed audio formats;
- Stems, when specifically included in the commission;
- Other previously agreed materials.
Project files, DAW sessions, MIDI files, instrument presets, sample libraries, or other materials used during production are not automatically included.
If the client requires project files or additional production materials, this must be discussed before delivery and may be subject to an additional fee.
7.Watermarked files and previews
During production, files sent for evaluation may contain an embedded audio watermark or another form of protection.
These files are intended exclusively for evaluation and feedback purposes.
They may not be:
- Commercially published;
- Monetized;
- Distributed as final files;
- Presented as the completed commission;
- Used publicly without authorization.
The watermark will be removed from the final files after completion of the commission and full payment of the amount due.
8.Copyright and usage rights
8.1 Authorship
Unless otherwise expressly agreed upon in writing, I remain the composer and copyright holder of the music I create.
Payment for a commission does not automatically constitute a transfer of copyright ownership of the work.
8.2 Client usage rights
After full payment of the commission, the client will receive the usage rights previously agreed upon for the use of the music in the project specified during the commissioning process.
Unless otherwise agreed, these rights include the ability to use the music in:
- The client's project;
- Promotion of the project;
- Trailers and promotional materials;
- Social media content related to the project;
- Public release of the project.
The client may not resell, sublicense, redistribute, make available, or commercially exploit the music as an independent musical product unless such rights have been expressly purchased or authorized.
8.3 Exclusive use
If an exclusive use agreement is included in the commission, I will not intentionally license the same track to another client for a use that is incompatible with the exclusivity agreement.
However, unless a full transfer of copyright has been expressly established in writing, exclusive use does not mean that the client becomes the legal author of the composition.
Commissions generally already include exclusive use, and the client may consider this automatic. However, if I am notified in advance, the music may be redistributed by me to other parties.
8.4 Portfolio rights
I retain the right to display and use commissioned works for:
- Portfolio;
- Self-promotion;
- Social media;
- Professional presentations;
- Reels and demonstrations;
- Promotion of my services.
If the project is confidential or has not yet been publicly released, I will respect any confidentiality agreement previously established with the client.
The client may request that the work remain anonymous or not be published in my portfolio until the official release of the project, provided that this is discussed and agreed upon in advance.
8.5 Credits
Whenever reasonably possible, the client should provide proper credit to the composer when the project publicly credits its contributors.
The preferred credit format may be provided upon request.
Failure to provide credit does not automatically invalidate the usage license granted to the client, unless otherwise agreed upon in writing.
9.Confidentiality
If the client provides confidential information, unreleased materials, private versions of games, scripts, documents, or other sensitive project materials, I will treat such information as confidential and will not intentionally disclose it to the public.
If the project requires a formal Non-Disclosure Agreement (NDA), this must be discussed before confidential materials are shared.
Unless otherwise agreed, confidentiality obligations do not prevent the use of information that has already become public for normal portfolio or promotional purposes after the public release of the project.
10.Cancellation and refunds
After the 50% deposit has been received, the commission will be considered reserved and scheduled.
The client may request cancellation within 24 hours after the deposit has been paid.
If cancellation occurs within this period, up to 70% of the deposit may be refunded, while the remaining portion will be retained to compensate for factors such as reserved time, preparation, administrative work, and commission prioritization.
After the 24-hour period, the deposit will generally be non-refundable.
If a significant amount of work has already been completed, cancellation may also require payment corresponding to the work performed beyond the amount of the deposit.
Exceptions may be considered at my discretion in unusual circumstances.
10.1 Cancellation by the composer
I reserve the right to cancel or refuse a commission when circumstances make its completion impractical, inappropriate, or impossible.
If I cancel a commission before completing the agreed work, any refund corresponding to work that has not yet been performed will be discussed and handled fairly according to the circumstances, but it should not constitute a 100% refund of the deposit.
11.Client delays
The production deadline is based on my ability to work continuously after receiving all necessary information and feedback.
If the client significantly delays:
- Providing references;
- Responding to questions;
- Approving a musical direction;
- Providing project information;
- Providing necessary materials;
- Making required payments;
the production deadline may be extended proportionally.
A delay caused by the client will not be considered a delay for which I am responsible.
13.Commission requirements
To begin a commission, it is generally necessary to provide sufficient information for me to understand how the music will be used.
Normally, at least one of the following should be provided:
- Description of the scene or project;
- Reference track;
- Description of the desired musical direction;
- Visual or gameplay references;
- Other information sufficient to establish the intended creative direction.
I reserve the right to request additional information when necessary.
14.Commission refusal
I reserve the right to refuse a commission at my discretion.
I may refuse projects involving, among other things:
- Sexual or pornographic content;
- Content that I consider inappropriate for my services;
- Illegal activities;
- Hate-based or extremist content;
- Projects that violate the rules of the platforms being used;
- Projects that conflict with my professional or personal boundaries;
- Projects that I cannot reasonably complete within the requested deadline.
I am not obligated to accept every commission request.
15.Client responsibility
The client is responsible for ensuring that any material provided for the commission may legally be used for the intended purpose.
This includes, when applicable:
- Reference materials;
- Samples;
- Recordings;
- Voice recordings;
- Images;
- Branding materials;
- Third-party intellectual property.
I am not responsible for copyright disputes arising from materials provided by the client.
16.Third-party materials and licenses
The final music may contain third-party materials, including software, virtual instruments, samples, libraries, or other licensed resources used during production.
Such third-party materials remain subject to their respective license terms.
The client does not automatically receive ownership or redistribution rights over third-party materials simply by purchasing a commissioned piece of music.
I will not knowingly provide third-party materials in a manner that violates their applicable licenses.
17.Commercial use
Commercial use must be disclosed during the commissioning process.
Projects intended to generate revenue, including games, monetized videos, advertising, streaming content, paid products, or other commercial projects, may have different prices or licensing conditions depending on the scope of use.
The client should not assume that the price of a commission automatically includes unlimited commercial rights.
If the intended use of the music changes after delivery, the client must contact me before using the music under the new conditions. Otherwise, the company responsible for protecting my rights may take legal action to prevent unauthorized use of my work.
18.Disputes and communication
Both parties should attempt to resolve any disagreements through direct communication before resorting to external measures.
All relevant agreements regarding price, scope, deadline, licensing, revisions, confidentiality, or special conditions should preferably be documented in writing.
Verbal agreements can be difficult to verify. Therefore, it is strongly recommended that any exception to these terms be confirmed in writing.
19.Acceptance of terms
By proceeding with a commission and making the deposit payment, the client declares that they have had the opportunity to review these terms and agree to comply with them.
Any special condition that differs from these terms must be expressly discussed and confirmed in writing.
These terms may be updated in the future. The version applicable to a commission will be the version agreed upon at the time the respective commission is accepted, unless both parties agree otherwise.
20.Discounts
Discounts, promotions, and special prices will be announced exclusively through my official channels.
Discounts will not automatically be available upon request and may be subject to specific conditions.
Contact me through an official channel for information regarding currently available promotions or special conditions.
By commissioning my services, the client acknowledges that they have read, understood, and agreed to these Music Commission Terms and Conditions.