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TERMS OF SERVICE

{LAST UPDATED 9/18/2022}


1. General Terms
2. Communication
3. Payment
4. Refund Policy
5. Process
6. Copyright and Usage

7. Will/Will Not Draw
8. Commercial Usage Agreement
9. Stolen & Gift Characters

GENERAL TERMS


♡•°¤ MY ART WILL NOT BE USED FOR NFT OR AI CREATIONS UNDER ANY CIRCUMSTANCE! ¤°•♡

♡•°¤ PRICES ARE SUBJECT TO CHANGE BASED ON DEMAND ¤°•♡


♡•°¤ Please be aware, I have arthritis so I'm not the fastest artist. It takes me time to work on pieces. (if you don't know what that is please look it up) ¤°•♡
♡•°¤ Please provide clear references or simple bullet descriptions of your request. (Long descriptions will cost a $20 fee) ¤°•♡

♡•°¤ I can add a watermark for your character if you wish. (Ex. Character belongs to "____") ¤°•♡
​
♡•°¤ You MUST be 18 or older to order an NSFW commission. (You must provide some proof of age as well, I.E. ID/License,etc) ¤°•♡
​

♡•°¤ Please contact me if you have any questions regarding my ToS, want to discuss additional information for your commission, want to request a progress report, or want cancel your commission. ¤°•♡


COMMUNICATION
​

♡•°¤ You can chat with me through my email, one of my twitter accs (not my main please), instagram, kik, or my discord! ¤°•♡

♡•°¤ If you have a deadline, please be sure that you state so in your commission form. If your deadline is under 2 weeks, be aware a rush fee* will be added to your final total ¤°•♡

♡•°¤ I will contact you within 4 days after receiving your comm form to tell you if I am accepting or declining your order. ¤°•♡

♡•°¤ Please don't get aggressive with me if I haven't responded to your email/dm. Just shoot me another email/text and wait for me to get back to you! Just don't spam me please. ¤°•♡

♡•°¤ If you become too aggressive/difficult to work with, I will blacklist you and refuse further communication. ¤°•♡
​


RUSH FEE

♡•°¤ Rush fees will be a minimum of 25% of the original total. Fees may vary depending on the size of the project and time frame.
​

♡•°¤ Once you order a rush fee with your commission, your comm will be my top priority and will be put at the top of my queue ¤°•♡

PAYMENT

♡•°¤ I will not start on your commission until I've received some payment. If it's not given within 4 days, I will terminate your commission request. ¤°•♡

♡•°¤ I accept USD through Cashapp, Stripe, Square, and Venmo ONLY. Cashapp is my preferred option.​ ​¤°•♡

♡•°¤ I ONLY accept payment 100% upfront, split, or in payments plans (2 months max). Payment plans are for $300+ orders only, I don't do holds.
Payment plans include a 30% downpayment to be reserved (i.e, $100 upfront and the rest will be paid in installments.) ¤°•♡
​

♡•°¤ No digital currencies will be accepted; such as dA points, bitcoin or nfts ¤°•♡
​

♡•°¤ Tips are allowed as well! They are not expected but much appreciated! ¤°•♡

REFUND POLICY


♡•°¤ I DON'T OFFER REFUNDS FOR UNLEASHED, LUSH, CUSTOMS/REDESIGNS, ADOPTS AND YCHS ¤°•♡
​

♡•°¤ Refunds are provided to regular, speciality, and tattoo commissions only ¤°•♡

♡•°¤ I will happily give you a refund if you wish to cancel your commission before I've started any work or if I'm unable to complete your comm for any reason. ¤°•♡

♡•°¤ Anytime during the sketching stage though, only a 75% refund will be issued ¤°•♡

♡•°¤ Any point beyond the lineart stage, no refunds will be issued. All sales are final ¤°•♡

♡•°¤ I have up to 7 days to issue your refund. ¤°•♡

PROCESS
♡•°¤Commissions will be ready when they're ready. There is no estimated time frame the comm will be finished. Rush Order is available for comms that need to finished within a limited time frame. ¤°•♡.

♡•°¤ Commissions are worked on in the order of my queue¤°•♡

♡•°¤ You may ask for work in progress updates whenever you want but I will only show photos when i have visible progress¤°•♡

♡•°¤ During the sketching stage too many edits aren't allowed. Too many edits will cost an extra fee¤°•♡

♡•°¤ After the commission is finished, I WILL NOT RE-DO ANY PART OF THE COMMISSION unless they are minor edits. 2 minor edits are allowed, any extra major or minor edit you'll be charged $2-$20+ for each new edit. ¤°•♡

(Minor edits are a forgotten tail or an eye color change. If you're not sure what's a minor edit or not, Ask.)

COPYRIGHT AND USAGE

YOU (THE CLIENT) DO NOT HAVE THE RIGHT TO:


ו°¤ Make profits from the commissioned piece (reselling, redistributing, uploading to POD-services, make prints, etc.) ¤°•×

ו°¤ Use the commissioned artwork for commercial purposes. ¤°•×

ו°¤ Alter the commissioned artwork without my (the artist's) consent. ¤°•×

ו°¤ Claim or display the artwork as your own creationRepost any work in progress (W.I.P) images online ¤°•×

ו°¤ REMOVE MY WATERMARK UNDER ANY CIRCUMSTANCE ¤°•×

YOU HAVE THE RIGHT TO:


♡•°¤ Upload the commissioned artwork on any website and social channels. ¤°•♡

♡•°¤ You retain the rights to the intellectual property (IP)Edit or alter the commission with given permission ¤°•♡

I (Smolhophead) HAVE THE RIGHT TO:

♡•°¤ Cancel and refund any commission at any time ¤°•♡

♡•°¤ Retain full copyright to the commissioned artwork ¤°•♡
​

♡•°¤ Use the commission in any promotional/portfolio/advertisement work ( e.i. crop, edit, and/or modify your image)¤°•♡

I DO NOT HAVE THE RIGHT TO:


ו°¤ Claim the intellectual property (IP) of the commissioned artwork ¤°•×

ו°¤ Profit further from the commissioned artwork unless you (the customer) break any of the terms.¤°•×


ו°¤ Make prints of the client's commissioned piece(s) for profit unless the piece is fanart of a trademark/well-known character(s) (I.E - Mario from the company Nintendo)Cancel a client's commission without reason ¤°•×

WILL DRAW
✦ Fanart/Fan Characters (Mlp, BHA, Sonic, etc)
✦ Loli/Shotas* (NOT loli/shotacon content)
✦ Fictional/cartoon characters

✦ Humans
Original Characters
✦ NSFW/Nudity
✦Kinks/Fetishes*
✦ Furries/Anthro
✦ Beasts/Ferals
✦ Mild Gore
✦ Any Gender (Trans, NB, Xeno, etc)
✦ Muscles
✦ Monsters
LOVE TO DRAW
✦ Furries
✦ Fictional killers/slashers (specfically, Jason, Ghostface + Michael Myers)
✦ Feminine characters
✦ Cute and fluffy things
✦ 420/Weed/Psychedelic imagery
✦ Fruit + Candy gore
✦ Big booba
✦ Undertale/Deltarune
✦ Mlp G4
✦ Shortstacks
✦ Bunny characters
✦ Size difference
✦ Thicc women and guys
✦ Mythical creatures (mainly goblins and demons)
✦ Himbos and Bimbos
✦ Intersex/Trans males and females
✦ Roseboys
WON'T DRAW
✦ Lolicon/Shotacon* (NSFW of Lolis/Shotas/Pedophilic art)
✦ Real life killers/murders/criminals
✦ NSFW of real minors
✦ NSFW of beasts/ferals

✦ Odd genetalia
✦ Hardcore gore/guro/snuff
​✦ Rape

✦ Baby fur/Toddlercon/Cub porn*
✦ Armor/Weapons
✦ Extreme, explicit pornography or fetish art*
✦ Anything inappropriate or offensive* (nazi imagery, racism, hate speech, etc.)
✦ Overly complex backgrounds
* - List Extended

COMMERCIAL USAGE AGREEMENT


♡•°¤ 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 mimimum price increase is 100% of the original price (2X the original amount), however I am able to charge more if I find it reasonable ¤°•♡

The following examples below are considered commercial use:

​Reproducing and selling the artwork publicly or privately, Posting images of the artwork to recieve profit (e.i. Patreon, Youtube, Twitch, a personal site, business cards, etc.)


YOUTUBE/TWITCH/TWITTER PROMOTION - 100% price increase (2x)
PATREON CONTENT/BUSINESS CARDS/PERSONAL SITE - 200% price increase (3x)
REPRODUCING/SELLING/MERCH - 300%
price increase (4x)
NDA/PRIVATE COMMISSIONS

♡•°¤ If you wish to request a private commission, it must be stated during the ordering process. ¤°•♡
♡•°¤ Be aware, a privacy fee will be added, the NDA fee usually starts at +10% of the final price, but the price may differ depending on the size and/or complexity of the piece ¤°•♡

STOLEN & GIFT CHARACTERS
​

♡•°¤ If I complete a commission and the character(s) in said commission has been stolen or used without permission, you will be blacklisted and the commission will be transferred over to the original owner. ¤°•♡
​

♡•°¤ If you are purchasing a commission as a gift for a friend/partner/S.O/or what have you, please GET PERMISSION FROM THEM BEFORE I DRAW THEIR CHARACTER! I hold no responsibility if you don't do this and they get upset with you. It's not my fault and it's not my job to ask them for you. ¤°•♡

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  • Home
  • Bio
    • FAQ
    • DNI
  • T.O.S
    • Adoptable T.O.S
    • YCH T.O.S
    • Tattoo T.O.S
  • Commissions
    • Chibi
    • Sketch
    • Colored Sketch
    • Cel Shade
    • Soft Shade
    • Rendered
    • Reference Sheets
  • Speciality Comms
    • Mini
    • Icon
    • Unleashed
    • Lush
    • Customs/Redesigns
    • Custom Tattoos
  • Personal Art (18+)
  • Social Hub