Official "Terms of Service" Advice & Review Post

[kerstin-orion.livejournal.com]

As an artist, it is critical to have a good Terms of Service. 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 our official T.O.S. discussion post, we discussed what to include in a Terms of Service, what constituted good terms, and what were questionable, shady, or downright illegal terms.

Now, artists, here's your chance to post your T.O.S. for critique. Don't know how to word a particular point you're trying to convey? Want to make sure your T.O.S. is fair for you and your customers? Need to make sure you didn't leave any gigantic loopholes? Link your T.O.S. 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 T.O.S., maintain a good T.O.S. and how to make sure your clients read and agree to your T.O.S.

Before you post, please read through the previous T.O.S. discussion and maybe even the examples in the last T.O.S. post, apply what you learn there to your T.O.S., and then link your revised T.O.S. here for help polishing up. Please do not post a half-finished T.O.S. and ask folks to rewrite it for you. Be prepared for honest critique!

Comments

[houndofloki.livejournal.com]

I tend to agree that if the commissioner chooses to cancel a commission (for whatever reason) the refund should be minus whatever work has already been done. If someone wants to "cancel" after the work is already finished - that's not cancellation, that's just buyer's remorse, and you shouldn't refund them a dime.

If the artist chooses to cancel the commission (for whatever reason that's not "terrible behavior on the customer's part"), they should refund the full amount. Because...even if you've done a sketch, that's not what they agreed to buy, and it's not their fault you don't want to provide the agreed-on product.

This is just my take on it, though, so YMMV.

[sweepshire.livejournal.com]

At the same time though the commissioner is paying for the entire process? I'd never cancel a commission just because I didn't want to or feel like completing it, the only time I'd cancel is if I had no other choice. I know it's not the commissioner's fault but I still spent time on however much I managed to complete before cancelling.

I think this is something that may vary between commissioners. Since they commissioned me because they enjoy my art, I'd be more than willing to provide other options such as completing their commission when I'm able to or offering discounts/extra art. But I'd still prefer to keep a small amount of the payment for the time I took.

[trunchbull.livejournal.com]

I am not calling you a scam artist, but that's an easy way to cheat people out of their money, though it's not a well-practiced form of scamming. If someone commission you a full coloured picture, and you decide to cancel the commission but keep some of the money as profit for the work you've done, you're taking money they paid for a product, that you didn't deliver. They did not pay for a sketch, and so they should not have to pay for it when you as the artist decide to cancel the commission. if it were a non refundable deposit, It would be more understanding, like fursuit makers do.

You should always refund the commissioner the full amount if you're the one who wants to cancel the commission. It is unethical to claim a portion of their money if you're not feeling up to the task of completing their commission. I as a commissioner would be upset if I didn't get the full amount refunded because the artist didn't want to complete my image. I'd be disheartened to commission an artist again who'd done that to me, and would be very wary of any artist that is known to do it, even if it is clearly stated in their TOS. it's a good way of screwing a commissioner over

If the commissioner cancels, though, it's your right to keep the money equal to the value of the work that you've already completed. Otherwise they would be the one doing the 'scam'. Now, this is not to say that they are TRYING to scam you, but it could always happen.

EDIT: a good example is with restaurant. If you pay for macaroni, and the chef starts to cook it, but then stops because he doesn't feel like it, if they keep some of your payment for the ingredients that they used, then you'd be pretty angry. Especially if they aren't going to bring out your macaroni at all, but still add a charge for ingredients to the bill. Even if you order another food, like hamburger.

[sweepshire.livejournal.com]

I can definitely understand where you're coming from, and this makes sense! I have absolutely no intention of scamming people (keeping a couple of dollars after refunding someone doesn't sound profitable at all haha) but if it makes people wary of commissioning me because of that I'll change my ToS. Thank you for your reply!

[houndofloki.livejournal.com]

I don't think most artists who cancel commissions are deliberately trying to scam anyone.

But what you have to keep in mind is that the buyer didn't agree to buy a sketch, may not have been remotely interested in buying a sketch - and even if they do like sketches, didn't agree to that particular price for one. Whatever circumstances in your life are forcing you to cancel (too much work, final exams, personal problems, etc) have nothing to do with the buyer. It's not fair to charge them an unagreed-on price for an unagreed-on product just because you had something come up.

If the buyer decides to cancel, you absolutely should refund only the amount to cover what work you've already done.

[sweepshire.livejournal.com]

I've updated my ToS to reflect the replies to this post, http://sweep-commissions.weebly.com/terms-of-service.html

[evan-balot.livejournal.com]

Achievement Unlocked: Better ToS!

Bonus: Increase in commissions and respect from other artists.

[houndofloki.livejournal.com]

Looks great! :)