{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 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! ¤°•♡
♡•°¤ 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. ¤°•♡
♡•°¤ 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.)
♡•°¤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 ¤°•×
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)
♡•°¤ 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. ¤°•♡
