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

[viothefoxbird.livejournal.com]

If anyone wants to critique mine, I would definitely appreciate it! I've been using mine for years and have not had problems, but I'm always looking to improve :)

https://docs.google.com/document/pub?id=1NLHU0zUfVFT71ju0qiDXc_Um-_3aZLdhctOGBogAr1c

(Tos is at the bottom!)

[sweepshire.livejournal.com]

This came just at the right time! Since FA was down I was going to make my own website to keep my ToS and past commissions in one place.

I'll link to it once it's up, but I'd like some advice on refunds. I've only ever given out refunds a handful of times and it went smoothly, but I don't think I'm fully prepared for everything.

When I provided refunds before it was for $15 commissions that I'd cancelled myself due to personal reasons, since I'd done the sketches already I kept $2.50 of that to compensate the time I'd taken on them. If I'd done lines or even flats I would have obviously kept more. I think that's how refunds usually go?

The one thing I'm concerned with is someone asking for a refund after I'd completed their commission because they were unhappy with it (I do provide sketches for approval so this should prevent this in most cases). Do I refund them in full? Offer a partial refund with extra art? Offer a second commission at a discounted price?

Any advice would be appreciated!

[quescostumes.livejournal.com]

I'd love some critique on mine as well.

http://quescostumes.com/tos.html

[fluffmouse.livejournal.com]

I'd say if it's not due to error on your part, don't refund them. It's up to you whether you want to compensate them or not but you run the risk of it happening more often if you do. Look up buyers remorse. It happens, unfortunately.. especially with art.

[fluffmouse.livejournal.com]

.__. I like yours better than mine..

Mine sounds mean and way too formal/complicated.

Would it be horribly unprofessional / lame of me to ask if I could rewrite mine based on yours? I'm not so good with this sort of stuff.

[shagpoke.livejournal.com]

What odd timing, I was just writing up my ToS today.

I have an opinion question for the group, how bad is a ToS that is too wordy? Are small written paragraphs less desirable than nice simple point form?

[mortymaxwell.livejournal.com]

"In the event of a cancellation, a refund will be provided of the paid amount, minus the 30% deposit and any fees applicable to the project. Any items completed become property of Que's Costumes after the refund, to modify or resell as needed."


Well, what if the Client wanted a partial refund + any materials/costume pieces you've completed? How you've written this, it sounds like their mats + partial pieces would be kept or resold.

[kayla-la.livejournal.com]

The longer and more wordy a TOS is, the harder it's going to be for people to get through it. The simpler, more concise it is, the better it's going to be. You don't want people opening it, deciding it's TL;DR, then just deciding to go elsewhere or the like.

[mortymaxwell.livejournal.com]

I like how you've done your TOS. It's very easy to understand and how you lay out how to commission a character reference is handy.

[shagpoke.livejournal.com]

That's what I figured, thanks.

[viothefoxbird.livejournal.com]

I mean, as long as you're not copying it word for word I'm sure it's fine!

[sbneko.livejournal.com]

My TOS is actually copy pasted from Squeedge's and edit for my own use (with permission of course!), just stating in case people see the similarities c:

Here we go! http://ladysbneko.weebly.com/terms-of-service.html

I think it sounds ok, but fixing things up always helps.

[lackoflollies.livejournal.com]

http://lackoflollies.livejournal.com/2692.html

Here goes nothing. x;

[mortymaxwell.livejournal.com]

Your TOS is good.

I dunno, you could add your policies for traditional artwork and badges?

[sbneko.livejournal.com]

I currently don't want to add those since traditional isn't something I'm offering on a normal basis yet, more of a trial run, so I add that info the actual journal I use to advertise slots.

[mistresswolf.livejournal.com]

I posted last time seeing if someone would like to look over my page, but to my knowledge, nobody did. I'd like to ask this time too. I've recently made some changes to it and would like to know if there is anything weird or that could be added/changed. Thanks!

http://zenia.unixdaemons.com

[shagpoke.livejournal.com]

Alright, if anyone wants to look this over it would be much appreciated. It's for fursuit commissions.

https://docs.google.com/document/d/1CsoekvIrTUVN43r4PZpf8HTP7mm_0snMnkRoDiieG68/edit?usp=sharing

[rimpala.livejournal.com]

NSFW, and this is my TOS for my fetish account on FA since that gets the most business:

http://www.furaffinity.net/journal/4624953/

In particular I hope I'm not sounding too authoritarian in it, I want to be stern with it but at the same time I strive to be friendly and approachable with my customers.

[quescostumes.livejournal.com]

Perhaps mentioning 'refunds to be discussed' would be better for the client-side cancellations, and how individual items are divided up.

I've realized I haven't mentioned anything specifically for artist-side cancellations so I've added that in.

Thanks for bringing that to my attention!

[loganberrybunny.livejournal.com]

One small thing that stood out was your comment about SoFurry. The first thing a lot of potential commissioners will ask themselves (and maybe you) is "Why?" There's nothing wrong with it being for personal reasons you don't wish to discuss, but if that's so I think it might help to include a brief comment along those lines in the TOS.

[mortymaxwell.livejournal.com]

Hm:

-"The artist reserves the right to cancel due to harassment, improper conduct or poor communication." might be better than "I reserve the right to terminate a commission at any time."

-Adding a clause explaining what happens if the commissioner cancels/or you have to cancel due to commissioner conduct

-Adding a clause asking the client not to post the 300 DPI file to their gallery.

[celestinaketzia.livejournal.com]

I just did a complete rewrite of mine, so let's see if I forgot anything.

https://www.furaffinity.net/journal/5043049/

[mistresswolf.livejournal.com]

1. That sounds much better!
2. I will wiggle some stuff around to better explain what happens if I cancel for my own reasons and if I cancel because of their conduct. Though I thought I was clear in regards to cancellations?
3. I never work in 300DPI (anymore) anyway, so that one doesn't count.

[nowayne.livejournal.com]

for brevity's sake, i would remove the line about why you like gmail. just saying "don't contact via shouts etc." is enough.

you have a lot of stuff in super-fine print that seems pretty important. if you want people to read or is important, i wouldn't make it so tiny. the white on purple plus tiny font is hard for me to make out, too, and i skipped over much of it before i realized it was something i should read.

it's confusing to me that you have a "will NOT draw" section, with emphasis on "NOT," but then admit you could possibly be talked into it for "at least 10x the cost." if you will draw these things, why not just outright state "may consider working with this subject matter for 10($x), please inquire"? otherwise just leave it as a "will not draw" section, or separate it into "will draw A for $, will draw B for $$$$$$$$$$, will not draw XYZ."

[mistresswolf.livejournal.com]

Thanks! I will take this into consideration. I also didn't realize the white/purple color scheme may be hard on the eyes. Is there a color scheme that you know works great for many people and isn't boring? :)