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

[mortymaxwell.livejournal.com]

1) "The Artist may cancel at any time for whatever reason" is vague.
Possible fix: "The Artist reserves the right to cancel for harassment, inappropriate behavior, or failure to communicate."

2) It's unclear what type of refund the customer gets if you have to cancel for personal reasons like family emergency. I'm not sure if
"Refunds are given based on amount of work completed..." applies to cases where the Artist cancels on the commissioner.

[adzuki.livejournal.com]

Thank you!

[kayla-la.livejournal.com]

For the record, I personally disagree with the idea that it's wrong to simply go 'The artist may cancel for any reason'. It's 'vague', yes, but it's also correct. If I take a commission from you and then don't want to finish it because I've spontaneously decided I hate your face, I should have the right.

Mind, it would be stupid to tell you that and I would refund you in full, but I do have that right. I don't feel like you need to clarify specific reasons why you'd cancel a commission, because that just gives people room to argue with you. "Why are you canceling, I didn't do any of the things you listed in your TOS!".

Of course, this is my personal take on it.

[adzuki.livejournal.com]

I thought that over as well. I don't think I should be limited to saying that I will cancel only if I'm being harassed or their behavior is poor because I think that opens the door for people demanding proof of harassment. I think using the 'any reason' version is the simplest way to keep things from becoming personal and confrontational.