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

[mazz.livejournal.com]

https://docs.google.com/document/d/1Ivmbm3WR7NBKE9hgyaNQE3kDnyudO6F1QMOw69N4mkM/edit

Oh please critique mine.

[oceandezignz.livejournal.com]

Read the T.O.S., still digesting it and forming solid opinion on it; but this typo caught my eye immediately:

Your item will be shipped in a padded envelope with either bubble wrap are or cardboard to help protect from damage.

[mazz.livejournal.com]

Thank you. I'm dyslexic so it took me forever to write this in the first place.

[celestinaketzia.livejournal.com]

My ToS has been altered since the last ToS post. Due to my unstable health, I now do pay upon completion.

http://celestinaketzia.com/tos.html

I'm wondering if it is okay as is, or ifit would be out of line to put a consequence for failure to pay. Such as reporting them here. Or should I worry about that if it ever happens?

[intj-reflection.livejournal.com]

Perhaps it would be worthwhile to not outline a failure to pay option, but instead add a codicil regarding only providing them with a watermarked/cropped file until payment is received?

[celestinaketzia.livejournal.com]

I already do that, but it does nothing for someone who gains a case of buyer's remorse and just decides not to pay.

edit: oops, I totally misread your comment. Yeah that sounds like a better and less aggressive idea.

[firewo1f94.livejournal.com]

https://docs.google.com/document/d/1-ttLCYL6ma5DB13LO_Ny8y_7JGnkwglxZtHVbCvXcsA

I'm currently not doing commissions but I plan to restart soonish. Could someone have a critique of mine, sorry that its so long.

[ramthedragon.livejournal.com]

One thing that caught my eye was how many changes you are willing to make, especially offering redos or major changes in every stage of the art process or even 10 minor changes. 10 minor changes feel like a lot to me, as you could be dragged on a back and foward changing spree by your client for something quite minor.

[firewo1f94.livejournal.com]

I just don't want them to feel like I'm being stingy change wise. How many do you think would be fair?

[ramthedragon.livejournal.com]

I feel that major edits and redos should only be possible in the sketching and maybe inking process, and instead of 10 minor edits per art process phase, maybe 10 in total if you're worried about being stingy. But I feel 5 edits in total should be more than enough, with the option of a redo in sketch phase. There's also this thread here http://artists-beware.livejournal.com/764726.html in which other artists explain their methods for changes and edits!

[firewo1f94.livejournal.com]

Thank you very much, I think that sounds fair and thanks I didn't see all the comments on that post its very helpful :3

[intj-reflection.livejournal.com]

My phrasing was horribly blocky so I can't really blame you for the misread. I should probably refrain from commenting on my lunch break.

Edit: Typo!

[exo-formicidae.livejournal.com]

Here is mine;

http://www.furaffinity.net/journal/5130883/

Normally say to email me, but it's troubling it up so temporarily back to notes until I can get a solid commission email up and running again.

[kayla-la.livejournal.com]

It's obviously up to you, but the standard I seem to see amongst TOSes that I feel is more than fair is 3 small changes, and 1 big change before you start charging. Don't worry about being stingy. Being clear about what they want is the commissioner's responsibility.

[keyoki.livejournal.com]

Here's mine:

https://docs.google.com/a/umail.iu.edu/document/d/1tI4hd0hKXrqApVbOwtC6giIBFI-lZllRg4FbyOkIbQg/edit?authkey=CNPL8osG&authkey=CNPL8osG&pli=1

It's a couple years old and in need of a serious overhaul. The thing I'm having the most issue with is 1) saying that I will only work with folks who are 18+ and 2) finding a way to weed out folks who are minors.

[arinaca.livejournal.com]

I've pretty much finished mine except for rewording and nitpicking, any advice?

https://www.weasyl.com/journal/37802/terms-of-service-and-price-list

[calicofeathers.livejournal.com]

https://docs.google.com/document/d/1kSMTzLgDbxc2flkkFKKymU3wzfVopM5UHsHUIS0PdFA/edit?usp=sharing

I like to think mine's pretty solid?

[wuvvumsoc.livejournal.com]

http://doodlebugcommissions.tumblr.com/terms

I made this all in one sitting so I definitely would like some advice for improvement.

[di-porcellana.livejournal.com]

http://www.heri-commissions.portfoliobox.me/terms-of-service/

Any comments or suggestions would be greatly appreciated!

I would also like to mention the reason I am so strict with the amount of changes I do is because I once spent almost five months making edits for a client.

[spytdragonfyre.livejournal.com]

Oh yes, please critique mine http://www.furaffinity.net/journal/5685954/

[spytdragonfyre.livejournal.com]

Looks good to me!

[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

[spytdragonfyre.livejournal.com]

I really like how you formatted and worded yours. It seems very clearly worded.

In regards to accepting a written description, you might want to put in what exactly they need to describe. That way you don't wind up with not enough details or, the opposite, way too many.

[spytdragonfyre.livejournal.com]

Your's looks very solid.

[itsamellama.livejournal.com]

I got some really good feedback last time and have edited it according to last time's TOS review. I'd really appreciate any advice on my current version, as I'm having a hard time figuring out what's crucial and not to keep.

My Current TOS (http://www.melgcabral.com/terms-and-conditions/)

Thanks so much in advance!