{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
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.
- 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 stripe, square, cashapp, 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!
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 stripe, square, cashapp, 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 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.
I DON'T OFFER REFUNDS FOR UNLEASHED, LUSH, CUSTOMS/REDESIGNS, ADOPTS AND YCHS
Refunds are provided to regular 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 usually take 2 weeks - 2 months max to be completed, I will try my best to update you through email, tweets, or my queue if there are any delays.
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
YOU CAN'T POST ANY W.I.P IMAGES ANYWHERE ON SOCIAL MEDIA
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.)
Commissions usually take 2 weeks - 2 months max to be completed, I will try my best to update you through email, tweets, or my queue if there are any delays.
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
YOU CAN'T POST ANY W.I.P IMAGES ANYWHERE ON SOCIAL MEDIA
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:
Make profits from the commissioned piece (reselling, redistributing, uploading to POD-services, make prints, etc.)
Use the commissioned artwork for commercial purposes.Alter the commissioned artwork without my (the artist's) consent.Claim or display the artwork as your own creationRepost any work in progress (W.I.P) images online
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 artworkUse the commission in any promotional/portfolio/advertisement work ( e.i. crop, edit, and/or modify your image)
I DO NOT HAVE THE RIGHT TO:
Claim the intellectual property (IP) of the commissioned artwork
Profit further from the commissioned artwork unless you (the customer) break any of the terms.
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
YOU (THE CLIENT) DO NOT HAVE THE RIGHT TO:
Make profits from the commissioned piece (reselling, redistributing, uploading to POD-services, make prints, etc.)
Use the commissioned artwork for commercial purposes.Alter the commissioned artwork without my (the artist's) consent.Claim or display the artwork as your own creationRepost any work in progress (W.I.P) images online
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 artworkUse the commission in any promotional/portfolio/advertisement work ( e.i. crop, edit, and/or modify your image)
I DO NOT HAVE THE RIGHT TO:
Claim the intellectual property (IP) of the commissioned artwork
Profit further from the commissioned artwork unless you (the customer) break any of the terms.
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
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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)
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
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.
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.
