Official "Terms of Service" Advice & Review Post

[oceandezignz.livejournal.com]

As an artist, it is critical to have a good and solid Terms of Service (ToS). One that includes both your rights as the artist and the customer's rights in relation to your transaction. Not only does this educate your customers on how the process works and what to expect from it, but it protects both of you in case something goes wrong.

In the past we have discussed the elements needed for a successful and readable ToS, and now its time to put them into play once more. Here's your chance to post your ToS for critique for the new year.

Don't know how to word a particular point you're trying to convey? Want to make sure your ToS is fair for you and your customers? Need to make sure you didn't leave any gigantic loopholes? Link your ToS here, and members can give you their advice.

This post can also be used to discuss any other questions that you have on your mind regarding how to build a ToS, maintain a good ToS and how to make sure your clients read and agree to your ToS.

Don't forget to visit the ToS tag too, more information there as well. :)

Comments

[sigilgoat.livejournal.com]

I spoke with the other mods and we think it's also appropriate to post Terms of Service that we feel are successful (Though if anyone sees anything out of place with mine, please let me know!)

My Terms of Service are found here:
https://docs.google.com/document/pub?id=10Po-vs6KfR3-a4VEOMY-Lm5l2RzYBRO9RNHqonSsygs

And then I also use a Commission Form for the majority of my work, which has a checkbox that customers must click where they agree to my TOS (which is again linked)

You can see that form here:
https://docs.google.com/spreadsheet/viewform?formkey=dG5uajdscE1sLWQ1SVZ2RTRkXzRVSEE6MQ#gid=0

I find the Google Docs Form format awesome, but the plain text leaves a bit to be desired. However, I figured it's better to have a plain but easy to read TOS that I can easily edit and control than something on FA/etc where it can be lost.

Please feel free to ask any clarifying questions or bring up anything about my TOS if it looks inappropriate or funky!

[haruko-san13.livejournal.com]

Oh wow, that form is amazing! I might have to look into making one of those.

[eenyuwolf.livejournal.com]

I've been waiting for one of these posts! I'm not 100% happy with my TOS for fursuit commissions I looked at other fursuit maker's TOS for inspiration for my own but I almost feel like it got too wordy as I was trying to cover everything but I also don't want to intimidate customers with it.

http://www.furaffinity.net/journal/3957401/

I really appreciate any advice!

[temporalranger]

o I hold the right to cancel a commission at any time should I feel the need; refunds will be discussed.

This strikes me the wrong way. I know it's there to give you an out when dealing with 'bad' commissioners, but the fact that it's worded in a way that means you could cancel an order and walk off with the money would stop me commissioning you.

I also realise there are material costs involved in fursuiting, but it seems unfair for your commissioners to to pay that money when you are the one cancelling and then they get left with nothing.

Perhaps, instead, say... their choice of having the materials shipped to them and a refund of [what they've paid - the cost of materials] or a full refund with the understanding that you'll put the materials towards another commission/premade item.

Basically, you just need to make it clearer that if you cancel the commission, the commissioner isn't going to be losing money.

[germanchoclates.livejournal.com]

Ahh. Finally. I know there's a copy/paste segment in there that needs work, but I'd love to hear any crits on my TOS.

http://db.tt/0KST7t1V

[spiralhorn.livejournal.com]

I was hoping for one of theses soon. I've posted this on FAF but I I would really appreciate more opinions, thanks!

https://docs.google.com/document/d/1pSFKOhpjUdtyOX7RGAvKYFpROmC61cT4lUmZMPJi8h4/edit

Edit: I have this set up for digital painting, but I wanted to include sculpture and other analogue mediums. Should I make a separate TOS? I'm not sure of how I should incorporate them, I'm thinking I might have to rewrite the whole thing?

[artic-dragoness.livejournal.com]

I like how thorough yours is. Do you mind if I use the bones of it to make my own? c:

And considering most of it is not medium specific, I'm not sure why you would rewrite it. Perhaps just make additions where necessary? (Like what you won't sculpt / how many updates / etc.)

[amocin.livejournal.com]

I have not taken a commission in forever, but I know that I would like to do so in the future, so it would be nice to get some feedback.

http://www.furaffinity.net/view/7033778/ - NSFW

This is also a price guide, and if I could get feedback on that as well that would be lovely. My art has changed and I think its better then it was when this was first posted. I charge more for the use of any of my personal characters to somewhat discourage their use, but still allow for those who really want them.

[lem0ntrees.livejournal.com]

For your comics, I think you should list a minimum and maximum number of panels for your base price. Like "up to 4 panels" or "base 5 panels."

[radiocatastrophe (from livejournal.com)]

Here's my most recent revision of my ToS for developing layouts and full blown websites.

I'd like to get some pointers on any of it that seems off, or anything I may have left out and would be best for me to add as well as some suggestions!

https://www.weasyl.com/journal/2219 (https://www.weasyl.com/journal/2219)

[teacup-werewolf.livejournal.com]

Looks like my TOS is sort of missing ugh I can't find it on my compy D:

[kerstin-orion.livejournal.com]

Fortunately there are a several good examples posted here to borrow from so you can whip up a replacement!

[copper-curls.livejournal.com]

I'm not taking paid commissions (yet), but I thought as a writer and occasionally an artist, I ought to have a TOS for trades/requests, etc.

The question I have is this - can a TOS be binding if no money changes hands? No-one's tried to tell me they don't have to respect my terms because of no money, but I imagine it's something that could come up.

I would welcome feedback as to the rest of my terms as well - clarity, completeness, any gaping holes you may spot?

CONTRACTUAL TERMS (scroll down past the portfolio listing) (https://www.furaffinity.net/journal/1790697/ (https://www.furaffinity.net/journal/1790697/))

ETA:

While I'm at it, when I do eventually move to taking payment for writing, what on earth sort of rates should I charge, and how do I balance taking payment against reassuring the customer that I'm not trying to rip them off? Unlike art, there's not really a WIP stage you can show with writing.

[mortymaxwell.livejournal.com]

While I'm at it, when I do eventually move to taking payment for writing, what on earth sort of rates should I charge, and how do I balance taking payment against reassuring the customer that I'm not trying to rip them off? Unlike art, there's not really a WIP stage you can show with writing.


This is what I would do:

1. Take partial payment upfront.

2. Write up to a certain amount of the story, stopping at a cliff hanger to discourage running off with an incomplete piece, and to get the client excited about what happens next when they see the WIP.

3. Show what I've written so far to the client, requesting feedback and the next payment.

[sirmeo.livejournal.com]

http://www.furaffinity.net/view/9184667/

I think mine is a bit on the rambly side (main reason being the simple fact it used to be really short but I kept adding to it when situations arose and realized my ToS wasn't covering them and I should probably do something about that). I also kind of have problems finding a good tone for writing the rules.


edited to add this:
Am I also making it clear enough that with speedpaints my working is going to be ~hour only and that sometimes pieces might turn out as well as I'd/commissioner would like them to, but because that's the risk you are willing to take if you want cheaper paintings? I've had no proplems with that honestly, at least no one has said they hate what they get, but I just want to be clear and avoid surprises for either party.

[kerstin-orion.livejournal.com]

Since you admit your ToS is a rather organic thing, and I agree is rather rambly and jumps back and forth between subjects, perhaps a complete re-write would be best. You can include the text you already have, but group it under the appropriate headers (for instance, there are at least 3 areas where you talk about what you will/can draw).

Sigil's ToS (first comment here) is an excellent example, as are some of the others in the comments here.

As for distinguishing between speedpaint and refined painting, your description again goes back and forth between the two. Perhaps separate them into something like this:

-Speedpaint: I work for one hour (1.5 for two-character images). At the end of that time, the image is final. I provide no progress pics, and no revisions. Depending on the subject matter and other factors, some speedpaints turn out better than others. This is the nature of a speedpaint, and why they are discounted compared to my more refined paintings.

I occasionally have limited-time-only speedpaint special deals. During these specials, I pick-and-choose the commissions I wish to work on at that time, and am more selective than with regular speedpaints.

-Refined painting: I provide progress pics for the customer to have input, and will make revisions if necessary until the image is satisfactory. (Be sure to specify what type of revisions are allowed at which stages - you don't want someone asking for a pose change after coloring, for instance!)

p.s. Good on you for remembering to specify the increase in price for extra characters on your examples sheet. So many people forget that part!

[wolf-nymph.livejournal.com]

Here's my TOS, which any of you are free to borrow from to any extent! I like how most of these are worded, but I know a straight up list of terms is a little difficult to read. I've never really succeeded in making sections for them that make sense without messing up the wording of each term that I like so much.

http://fs12.formsite.com/Eskiworks/form724230382/index.html

For the most part it's served me quite well though.

[timelapsedecay.livejournal.com]

I'm a little self-conscious of mine, but I am open to critique on it if anyone feels something is out of place
http://www.furaffinity.net/journal/2505556/

eta: The bolded bit about paypal is probably my weakest section, I haven't really transitioned to using invoices yet.

[purpule.livejournal.com]

Fantastic :3
I would greatly appreciate some feedback or advice on mine :3
http://nekophoenix.deviantart.com/journal/T-O-S-310141810

[mixilodia.livejournal.com]

If anyone would like to go over mine, I'd be really thankful. It'd be nice to have a second opinion before I start using it.
http://mixilodia.livejournal.com/2374.html

[thaily.livejournal.com]

My TOS: http://www.furaffinity.net/journal/3611704/
I think it's pretty thorough.

[mortymaxwell.livejournal.com]

This caught my attention in your TOS:

If the transaction is cancelled by either party, the client will receive a refund minus the amount for the work already done.

Under this clause in your TOS, would the client receive a full or partial refund for uncompleted work if you had to cancel on your end for reasons like family emergency, lack of time?

[goodbyemagpie.livejournal.com]

I've not sold my work online yet, but I hope to start selling pre-made and commissioned knitted arm warmers this year. My drafted ToS is here
https://docs.google.com/document/d/1rAIXABLhvINHtOpwWvlwNBOuyjPoIpgOy8el9_ItKvY/edit
and I'd really appreciate any feedback :)

[sirmeo.livejournal.com]

Just so you know I can't access that, is it public file?

[latiro.livejournal.com]

here's mine: http://www.furaffinity.net/journal/4174998/

feel free to give advice

[tartii.livejournal.com]

I'd definatly love some advice and feedback on my T.O.S
My biggest concern is maybe its too wordy? XD
http://www.furaffinity.net/journal/3841999/

[lem0ntrees.livejournal.com]

"- All images are to be non pornographic in nature, meaning I will not draw sexual bits on anything. This also prohibits dildos or sex toys being in the image. Artistic nudes are also a no-no.
- SUGGESTIVE is fine, whether a character is lounging about 'flirtatiously' or borderline settings is okay as long as no sex is going on and you cannot see bits on the character. Nudity is okay as long as the character is somehow covering themselves or they are like a 'barbie doll' (meaning no nipples or bits but still showing off full form.)"

A suggestion on how to tighten this up:
- I will not draw images containing explicit nudity or sex toys. This includes artistic nudes.
- I will draw implied nudity, clothed pinups, and non-explicit nudity ("barbie doll" anatomy).

[mistresswolf.livejournal.com]

Oh good. I was wondering when we would have one of these again. I never posted on previous ones but as I just gave my page a makeover to make it less wordy, I'd like feedback. :)

http://zenia.unixdaemons.com/commission

[kasuned.livejournal.com]

I'd love some crits on my ToS!
http://kasune.x10.mx/tos.html

I always feel bad about "not giving away the PSDs/SAI files" but I do this to prevent editing of my work without permission, for clarification.

[kerstin-orion.livejournal.com]

I send only .png or .jpg files for just that same reason. I think it's pretty standard practice.

[oceandezignz.livejournal.com]

Go away~

[marblestheskunk.livejournal.com]

I am a bit new to taking commissions. I would absolutely love any critique or advice on my TOS.

http://www.furaffinity.net/journal/3915300/

I am also really curious about the paypal fee bit. I've heard mixed opinions about it.

I commissioned sort of a higher name fursuit maker recently and was told to add whatever % for paypal fees. I even saw on DHC's website [before it went down] to add the fees to all payments. So please let me know if this is or is not okay. Thanks so much!

[oceandezignz.livejournal.com]

A seller is not allowed, by Paypal law to ASK for the fees to be covered by the customer by name. Paypal can and will close a seller's account for this, just like they would if someone was receiving too many payments as 'gift'.

What you are suppose to do instead, like any other vendor, is to consider the fees as OVERHEAD, and add those fees into your prices accordingly.

[dreamerwolf856.livejournal.com]

I'd greatly appreciate any thoughts on my TOS as I recently updated it and I /think/ I included everything needed. The TOS is located on my front FA page: http://www.furaffinity.net/user/dreamerwolf/

Thanks in advance!

[norala.livejournal.com]

commissionnorala.tumblr.com/TOS
I'm a bit nervous because I always manage to screw something up but let's see what you all think! Note that the tumblr is nsfw, but the tos page itself is along with the commission info page (link to the right)

[norala.livejournal.com]

Derp phone ate things the tos page IS sfw*

[mottenfest.livejournal.com]

http://mottenfest.weebly.com/ here's mine, I'd greatly appreciate a look-over.

[mortymaxwell.livejournal.com]

Hmm, it looks a little convoluted. Putting The Process into bullets or numbers would help.

[teahound.livejournal.com]

Here's mine, feedback is appreciated!
https://docs.google.com/document/d/15is_yB5Ffw4bkYWbT_cfrKtT-WwEl1T3uR2WvctPmuM/edit