Official Terms of Service Advice & Review Post

[oceandezignz.livejournal.com]

For an artist, be you a hobbyist or pro; it is positively critical to have a good, solid Terms of Service (T.O.S.). One that includes both your rights as the artist and the customer's rights in relation to your services. 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 first 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, once again; 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. discussions; 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!

A good 'break down' for a T.O.S.:
Intro
Artist's Rights
-Payment
-Process
-Preferences
-Publishing
Client's Rights
-Fixes/Redraws
-Publishing
-Behavior
Communication
Refunds
Shipping & Handling

-When it comes to an artist's preferences for what they will or will not draw; simple is often better. You -may- list what you are not willing to draw, but it can get lengthy. If you're not willing to list, or find your list getting longer than your own T.O.S.; but do not might getting ideas pitched at you to pick from, a good solid "Commission themes are to be approved at artist's discretion at all times. Artist reserves the right to decline any commission, without reason." will help you out.

-When talking payment, the community majority is in favor of using Paypal INVOICES. Invoices give the artist control over how much money they're getting, when they get it, and the content of the invoice (in case you're afraid of what a client may write in your place).

-Fixes/Redraws need to have a firm hard limit set to them, as well as some suggestions to go along with them. Detail WHAT part of the process a client may (or may not) ask for fixes on, how many they get and if they go over that limit; what you will charge additionally for it. Also suggest the client wait a minimum of 24-48 hours (if you can afford that wait) to really find out what they want fixed or what they can live with, to the satisfaction of you and themselves.

-Tell your clients in the T.O.S. what you will not tolerate from them from the get-go. If you do not appreciate sexual advances/role-play/commentary; state it in the T.O.S. that you don't play those games and such behavior will not be tolerated during the commission process.

-Communication: State to potential clients how often you'll be in contact with them, or your comfort level in them contacting you for status updates, or where to look for updates if you use a service like Trello or keep a queue maintained on your blog/art site/etc.

-Remind your clients of your rights as the artist, that you own the artwork created due to copyright law. You have full publication/printing rights, but will out of respect to them ask if you can print their commissions for other purposes. If you give re-posting rights to your clients; state here and now where they can or cannot post to, if they have to use a watermarked copy you provide, etc.
-PRIVACY: State your policies (and applicable fees) on privacy of commissions, if you require permissions of secondary characters involved in said private commissions and the possible longevity of how long a private commission may stay private.

-Include refunding options, when a client is a allowed to back out, deposit fees (if building tangible art), etc. Just don't say 'no refunds, what so ever'.


Remember; the tips in the above cut are only the tip of the iceberg for a T.O.S. they're there to get your brain going on what to do. The Mods or even long time comm members will be absolutely glad to offer their two-cents on any other questions or topics you have come to mind, on top of the critique.

If you feel your T.O.S. is quite solid (honed in the fires of discussion posts past) feel free to share it here so folks have an example to look at!

Comments

[orangemonsterco.livejournal.com]

I've only just created mine this year and have hoped that it is safe and fair to both my clients and myself.
https://docs.google.com/document/d/1VjevGk78uHOned6mDsbcNTFziDvEvN0mPeTEJEGw2BA/edit?usp=sharing

comments appreciated

[mortymaxwell.livejournal.com]

I'm not sure I understand "no refunds will be given in the extent of artist injury or extended absence." Are you saying that if the artist has an extended absence the client can't request a refund? I don't know how I feel about that. I'd feel bad for the artist, but if the artist was going to be out of reach for a really long period of time, I'd like to have the option of being able to back out.

[orangemonsterco.livejournal.com]

It was more in the case that I should not be able to reply/access a computer. I'm always afraid of being hospitalized or having an emergency come up to where I am unable to contact/work/refund/ect.

[celestinaketzia.livejournal.com]

Unfortunately, that is not exactly legal. You can't deny someone a refund if they ask for one for services not rendered.

[ljmydayaway.livejournal.com]

This is a good point to consider, though. How do we protect ourselves and our income in case of an emergency, as far as our ToS goes?

In most cases, commissioners are usually understanding enough to realize that we're not infallible and allow for extra time for completion in the case of an emergency/accident/illness.

I guess it's just a matter of business. If a business is closed and has appointments for that day, they don't get to keep the money even though they didn't get to those appointments.

Is there anything that should be included in the ToS for emergency situations?

[celestinaketzia.livejournal.com]

Well, ideally one should not be spending money they haven't earned. A person should always keep enough funds on hand to refund. That's how businesses operate.

I understand it can be difficult for your every day artist to do that, but it is part of operating a business. 99% of clients will always be understanding if something truly goes wrong, but legally a refund cannot be denied when requested.

It's a tricky subject, but I would also like to bring up that in the cases of car accidents and the like, lost business via commissions can be reimbursed provided one keeps proper records. I've done so recently. If one has access to insurance, see if it will reimburse lost wages.

[orangemonsterco.livejournal.com]

I never spend before I've worked an amount, Usually I will let my clients know ahead of time that I will be absent or if something comes up I let them know right away. I suppose this is just to give future clients a heads up that in the case that I do have an accident or whatever and I am not able to respond to them that I am asking for some patience?

[celestinaketzia.livejournal.com]

Is it something like... delays in contact due to emergencies, or delays in working? Or both? A general clause that in the case of emergencies a commission/ contact may be delayed, but that you will absolutely try to get in direct contact when you are physically able.

I had a quip under my ToS for a while because my job constantly sprung intense, excessive overtime on me. It went something like "Due to my job I may get excessive overtime without warning. While I try my best to keep clients in the loop, I will notify you if there will be a significant delay in your work."

Is that kind of what you're looking for? :)

[orangemonsterco.livejournal.com]

I don't think that's what I was going for, I don't normally have sudden disappearances or halt of work flow a lot. I'm thinking that I might just leave that part out because it's not really necessary. If I need to contact clients but cannot myself I'll probably have someone else do it in my stead.

[orangemonsterco.livejournal.com]

I'll revise that, I hadn't fully understood what I had typed.