Advice on artist & Client TOS

[sheepilyy.livejournal.com]

Hello Artist_Beware! My question is relativity simple.
If an artist agrees to a deadline, and the artist misses the agreed on deadline, is the client allowed to ask for a full refund, regardless of the the artist TOS (ex: no refunds, only partial payment if I've started, ect)?

I thought this might have been a breech in contract between the artist and the client, and the client would then have a choice to end the contact or to renegotiate the contract.
Is this true?

I've been trying to contact the better business bureau about this, but they seem to continue to run me around in circles. A this point they are telling me to call somewhere else atm, but I'll keep everyone updated on what I am told from their end.

Comments

[celestinaketzia.livejournal.com]

They could ask for one, but whether or not they get one is another story.

If it wasn't a severe emergency or something of the like, it would be good business for the artist to honor the full refund. Keep in mind that if you do get a full refund, that any progress on the work will not be yours. The artist may resell the base pose as they wish to recoup the cost.

With that said, if it were me personally and they were almost done, I'd just extend it slightly. If the image had not even started? Yeah probably would ask for a full refund, myself.

[sheepilyy.livejournal.com]

Yes, it all depends on the artist, of course.

And yes, if you get a refund the work is no longer your's. Here is an interesting question. If a client were to get a full refund, and let's say the artist completed the image to sell prints of, or use, ect.
How would you handle that/feel about it?

I have never heard of this ever happening. I know artist have re-purposed things before (which is perfectly fine) -- but what if the artist completes the work? I wonder if there is some legal issues with that? I am completely unsure on that one. Maybe you can enlightening me? A little off topic, sorry!

Yeah I agree if no WIPs have been sent, or anything I think a refund is in store.
I always get this awkward feeling when I ask for a refund and an artist magically shows me a WIP at that stage. It gives me a feeling that they made the WIP to show me because I had ask for a refund.
What do you think about things like that? I normally just let the artist continue but! yeah!
Lots of hypothetical questions sorry! xD

[celestinaketzia.livejournal.com]

There are no legal issues if the artist completes the work. There may be moral issues if they complete the work and still leave the character distinguishable to the original owner. Fandom members may not be too keen on this. However, there is no protection for the character unless they are trademarked or they fit the criteria to be copyrighted. (Which your average furry does not.)

[sheepilyy.livejournal.com]

This is what I thought. As the artist owns the copyright to their own work.
I also assume because the artist completes it on their own time, that the client has no rights to the distribution rights either.

Morals are deff a different issues all together that gets complicated xD;

[funkicarus.livejournal.com]

unfortunately i'm pretty sure if the artist's TOS says 'no refunds' you're not going to be entitled to a refund... honestly the best way to ensure that you get refunds is to read artist TOS's and make sure the person you're hiring doesn't have that policy!

you could always ask, but especially if the TOS says 'no refunds' i wouldn't be too hopeful.

[namelessimp.livejournal.com]

A "No refunds" clause is not legally enforceable. If a person does not provide a service when they say they will, then it's acceptable to ask for a refund. When a company agrees to do work for you and flaks out on it, you can cancel. The same way that even if they started it, they agreed to a certain deadline and the commissioner is entitled to at least a partial refund.

This "no refunds" jazz from artists is disgusting and making the rest of us look bad. It also gives the commissioner the feeling that they have no rights, which is simply just not true.

[funkicarus.livejournal.com]

i'm not a fan of it either, but you can't really EXPECT a refund if they outright state from the get-go they're not willing to do them. i mean, the OP could go through paypal, but if the period for a refund has lapsed...not much can be done.

personally i just see 'no refunds' in a TOS as a red flag to avoid the artist anyway.

[houndofloki.livejournal.com]

It's not a matter of you, me, or anyone "not being a fan" of it. A No Refunds clause is legally unenforceable, and putting it in your TOS doesn't make it so.

[celestinaketzia.livejournal.com]

Exactly. Denying a refund when a client asks for it is theft.

[funkicarus.livejournal.com]

i'm not argueing this point, and someone else already clarified the legality of it.

i'm just saying that if the artist states 'no refunds' the client is in it for the long haul. if that is argueing with paypal after the refund period has passed (i've heard the stories, they tend to not go well) or if it means taking the artist to small claims court (potentially difficult with different countries/states/etc) the commissioner is going to be in for a headache.

the safest thing to do is to just avoid anyone who states 'no refunds' in their TOS.

[ithinkdirt.livejournal.com]

I feel you and that's really the most reasonable thing. I may be a bit of an asshole for this, but I don't feel especially sorry for someone losing money in such a situation - now, I don't mean they deserve it, but my reaction is pretty much "shit sux but that was spelled out from the beginning it's your fault you decided to touch the poop"... and if it's because they chose not to read TOS.... well then yeah they do kinda deserve it, in a lesson-teaching sort of way.

touch poo, get stinky. *shrug*

[intj-reflection.livejournal.com]

Two things:

First, a No Refunds clause is unenforceable in a court of law if no product has been provided.

Secondly, you can request a refund. If work has started they should refund you a portion equivalent to what has not been completed (IE the difference between colors and inks if they've finished the inks, etc.), or the entirety if they have done no work.

[temrin.livejournal.com]

Agreed with this. Partial refund if work has started or materials have been ordered. Full if they haven't ordered or started anything. (unless in whatever case, there is a non refundable deposit for mats, which i know some costume builders do have.)

[sableantelope.livejournal.com]

Except legally your wrong.
I explained below, but, in the case of a custom item, when you choose to accept a deadline you take a greater risk as a seller. The buyer can ask for a full refund in this case.

[sheepilyy.livejournal.com]

Here is the problem I frequently run into with deadlines, is that the artist has SOME sort of work to show me by the time the deadline approaches, but not a completed image.
The artist tells me they will have it done by a new date, but things come and go and we continue with this same thing.

You know?
It is frustrating since when I commissions an artist I don't want a half finished image (partial refund), but I also don't want to be kept in limbo forever. I'd just prefer my full refund and no image but, yeah you also want to comp the artist for their work... but they overall refuse to finish... so tough right?

How do you feel about that? That puts the client in an awkward place, and the artist who has done some of the work as well. Refunds are always a delicate thing I feel.

[epiceternity.livejournal.com]

In some contracts when an artist misses a contractual deadline but still produces the work within a reasonable time frame then their fee gets reduced. If the work is significantly late as to not be usable then the client can cancel and not pay. Though in some contracts they may have to pay a cancellation fee (suggested to be 25% for roughs stage, 50% for artwork stage) if work has been done. It's all down to the details of the contract, how time sensitive the work is, how strict the deadline and client is and how late the work is.

So as you had an agreed deadline you could ask for a partial refund (suggested 20-25%). However unless the art is rendered unusable due to the delay, you are unlikely to get a full refund if work has been done. If you have agreed to a 'no-refund' contract then that makes it more tricky, esp if it's a casual contract.

I think the best would be to ask for a partial discount for the missed deadline if you still want the art.
If the art is no longer relevant due to the missed deadline then you can ask to cancel and get a refund on work not done.
If no work has been done yet combined with the missed deadline, then yes, you could cancel and ask for a full refund.

(Sorry if that was a bit long winded and dry!)

[sableantelope.livejournal.com]

In some contracts when an artist misses a contractual deadline but still produces the work within a reasonable time frame then their fee gets reduced. If the work is significantly late as to not be usable then the client can cancel and not pay. Though in some contracts they may have to pay a cancellation fee (suggested to be 25% for roughs stage, 50% for artwork stage) if work has been done. It's all down to the details of the contract, how time sensitive the work is, how strict the deadline and client is and how late the work is.

You're absolutely right on this, but with missed deadlines it's one case where the contract actually favours the buyer if nothing specific is set to overrule it.
So unless they did set a specific 'deadline missed' clause with a different course of action(like an initial 25% off for the missed and 5% for every week missed kinda deal) the buyer still retains the option to dissolve the contract for a breach.

I think if a seller offers deadlines they really do need to draw up a contract with a clause like you mention- that sets what the penalty for missing the deadline is. That way they can mitigate the risk of being on the hook for the whole amount + plus any labour.

[epiceternity.livejournal.com]

Yup, it's usually a case of 'don't do the work for the deadline, don't get paid'. But it does show that the fine print on contracts is important. I've seen contracts including causes protecting artists from clients seeking consequential loses and damages so they don't get sued if the client's project goes south, scary stuff!

I totally agree, all good TOS agreements should cover what happens in case of the artist not being able to do the work or artist/client cancellation and refund amounts. Even if you don't think the situation will ever arise, it's good to have that in place just in case!

[sheepilyy.livejournal.com]

Well yes, if there was something in the TOS and contract about a cancellation fee, that seems reasonable if you ask for a refund before the deadline.
But is it really alright if the artist misses the deadline and the client wants a refund -- to charge them a cancellation fee? I mean legally, I thought it might be a breech so it be alright for the client to say, "I want to dissolve the contract, because you (the artist) breached the contract"
Is that really a cancellation? I am seriously just wondering about the legal part of that.

[epiceternity.livejournal.com]

Sorry I was a bit confused and used the wrong term (was really tired!). What I meant to refer to is a rejection fee (not cancellation) if the art is deemed "unusable" after the work has been done. These fees are detailed in the contact with the idea of a 25-50% fee getting used as a flat rate settlement to avoid lengthy court proceedings on who was in the wrong.

In this case, the art could be argued that it is "unusable" if it was time sensitive so you could reasonably ask for a 50-75% refund as a last resort if the art has been done. I wanted to mention about rejection fees in case you have to negotiate a partial refund and wanted to know how much to aim for but I think I ended up confusing the matter! Sorry about that ^^

But yes, you're right with your point! The one who breaks the contract is deemed 'in the wrong'. If you have not done anything to cause a delay and they did not negotiate an extension on the deadline; then they have broken the contract by missing the agreed deadline so you do have a case for not paying (getting full refund). I've double checked in my business practise guide and it also suggests that if the artist does not deliver by contractually agreed date, does not seek an extension and the delay is not caused by the client, then the client can cancel and not pay.

However my concern is that the artist is clearly not professional (as others have stated, a 'no refund' policy is very dodgy) and I assume it was a causal contract that didn't include things like cancellation/rejection fees etc so you may have a fight on your hands with getting a full refund. I hope it's not the case and you can work it out with the artist without too much stress though!

On a side note, the professional world runs on deadlines, that's why missed deadlines are considered a serious matter and an essential part of the contract (part of the premium price paid for professional art is that the client is paying for it to be delivered on time). However causal artists charging 'hobby prices' can have a much more relaxed view on deadlines so may not realise their importance or lack the ability to work to them. Have you been given any reason for the delay in the art's delivery?

(sorry, long post is long)

[sableantelope.livejournal.com]

Yes, you can get a full refund if they miss the deadline on a custom piece. No usable product on the due date is a breach. I know someone here on AB got mad at me the first time I explained this fact, saying they would never do business with me if that's how I feel; but it's not how I feel about it, it's contract(custom item) law.
That's the thing about deadlines, when an artist chooses to accept one they take on a lot more risk than a usual transaction. It's one of the reasons why some artists charge more for deadlined pieces, which I think is fair. The artist takes a risk of missing the deadline and therefore taking a loss for all their work up until the deadline.

The guidelines for what gives you a just reason to miss a deadline are pretty ruthless as well. A lot of the reasons furries use to justify delays and which their customers accept actually wouldn't hold up legally. (I can get into more detail, don't think it's needed here though)

You can choose to renegotiate the deal at this point if you still want the piece, with what ever you feel is a fair amount of a partial refund, but you're under no obligation to do so.

Also BBB probably can't help you if the person selling is not registered as business/sole proprietor. You're better off talking to your state/provincial prosecutor(DA)'s office.
Normally they wont get involved unless it multiple induviduals and high loss amount, but it's worth a try,.

[intj-reflection.livejournal.com]

This is excellent information. Thank you for sharing.

[sableantelope.livejournal.com]

Thanks. I think it's always good for buyers and sellers to know what they need to look for in contracts to protect themselves. Sellers need to keep in mind the risk they take when they add a deadline agreement.

Like this comment by epiceternity
http://artists-beware.livejournal.com/795271.html?thread=29813895#t29813895
explains that you can, as a seller, write in your contract a clause to set guidelines on what happens with a missed deadline that overrides the ability of the buyer to dissolve on a missed deadline. This has to be specified in the contract in detail and initialed by buyer and seller in addition into the over all signature. (if you aren't doing scan/sign method, which you should be, then make sure in your correspondence you get your buyer to explicitly acknowledge the clause about what happens on a missed deadline).

And be prepared that some buyers wont want to give away their right to dissolve due to breach on missed deadline by agreeing to that clause, and you may loose a customer.
However with that clause in there it keeps you from taking a total loss if something comes up and you can't keep your deadline.

[ithinkdirt.livejournal.com]

Could you elaborate on some of the things that generally past muster as legitimate reasons in this case? Like say, customer doesn't communicate needed information in a timely manner?

[sableantelope.livejournal.com]

If the customer doesn't communicate then they can't go after the seller for a breach(the missed deadline) and choose to dissolve the deal and be made whole again(all their money back).

Remember the breach is all about fault, partial refunds are cases where there's fault on both sides, full refund means one party is completely at fault.

So if the customer causes the missed deadline then there is no breach on the seller's side because they aren't at fault. However because the contract is broken(unless you specifically set up something in the contract of how to deal with any individual clause is broken, which is something many very complicated deals do set up) the deal needs to be re-negotiated. Since the original contract is broken because of the deadline clause not being met if you go forward without renegotiating you are proceeding without proper legal protection and no clear guidelines for the things progressing.
The other option if the deadline is missed without fault on the part of the seller is if no one wants to renegotiate is to dissolve with both parties made whole again.

If the buyer never contacts you again you refund minus you actual loss.

Deposits are legally protected, but not if you breached. If the seller breaches by missing the deadline the client is entitled to their deposit along with the rest of the funds they paid(we're talking about custom work here)because the fault is on the seller. A deposit isn't free money for a seller just because they accept a deal, the way many furries seem to think, it's there to protect the seller if the client cancels, or otherwise is responsible for the dissolving of the contracy.

If a client wants to cancel the contract 'just because they changed their mind', contract law hates that. So if there is any loss to be had(already invested time, resources, and/or money) then the one who changed their mind is the one who eats the loss.

So if you take a deposit as the seller, then decided you just plain didn't want to do the commission for no legally acceptable reason then you do have to return that deposit as well as whatever else you are obligated to return.
The basics of contract law are if you breach, you make the other party whole and cover any relating loss. And that you never go into any contract unless you fully intend to fulfill it; so if you 'just change your mind', or decide you don't want to do it, then you better be prepared to eat some loss.

Generally the sort of reasons that you have allowance for missed deadlines are cases where you physically cannot work- ie: head injury that leaves you in a coma for several months, you break both your arms, etc.
The death of a loved on only gives you minimal cushion, and they have to be immediate family, grandparents may or may not count. For example you get three days in my country for the loss of child; which, thankfully, most people are not so heartless to enforce!

Emotional issues are trickier. Again, these aren't my personal beliefs so before anyone comes after me thinking I'm heartless or whatever, I'm just going by contract law.
You have to prove you were absolutely incapable of completing the work, so if you were able to go to school, or out to movies with a friend, or dinner with your spouse at the same time you claimed to be too depressed or anxious to complete the commission that would almost assuredly not be accepted and you would still be in breach.
If you have a missed deadline because of emotional illness you really need to contact a lawyer to help you present the case in the best possible way.
This is changing as society as a whole is more educated and less dismissive of anxiety and depression as genuine illnesses.


(continued in reply)

[sableantelope.livejournal.com]

(continued from above)

Another thing it's important for sellers to know is if you have a break in at your house and everything including your clippers and fur is stolen you are expected to eat some loss and repurchase materials and restart the project. This is because it's assumed you'll have insurance to reclaim some of that extra loss- because the law always expects people to actively mitigate their chance for loss; and also because your workspace is supposed to be secure.
You would not be able to charge the client twice for materials.
This comes up in cases with building projects often, for example someone is hired to do a custom bookcase design for a homeowner and they give a hard deadline. Half way through their truck is robbed of all their woodworking tools and they cannot complete the job on time. The client doesn't want to renegotiate a new date since they needed the bookcase for a magazine shoot at the house but the builder wont refund the client, so the client sues. That's a case the person robbed will loose.
This is part of the reason you really should leave yourself a generous work cushion, or if you feel you can't secure your workshop well enough don't take work with hard deadlines!

Everyone should double check the rules in their area for "Acts of God". Sometimes you get a set lee-way for something being destroyed in a fire or a tornado, and sometimes you don't. What qualifies

And the final thing to remember in don't be afraid to ask to renegotiate for a missed deadline. It could be the object is no use to the client with the deadline gone, but it could also be a little less useful but still worth something to them. Try and offer a fair compensation, but don't pressure/coerce the client into accepting the new deal. They have no obligation to do so.

And remember if client accepts a new deadline without asking for compensation they can't ask for compensation at the end of things. So they can't say "it's okay, next week will be fine! :)" and then at the end of things ask for money back for the missed deadline. (though it'd be good business ethics/good customer service to refund them a little for your stuff up)

[sheepilyy.livejournal.com]

Thanks for all your posts! I love reading through all of them. I was actually looking for this legal part. I feel a lot better now that I know more about it. Simply (as a client and artist) I feel more I have more power to when I am buying and selling art.
This would be really interesting to talk to you further about!

Also yeah the BBB has been majorly unhelpful, as I just wanted to ask them this legal question. I believe they gave me the number to my attorney general office here where I live.

Also here is one more legal question:
When you commission someone, who's laws apply?
>The state/country the client is in
>The state/country the artist is in

I HEARD somewhere it depends on the currency you are using (IE: if you use USD --- it applies to US laws, or CAD it applies to Canadian laws)
Is that true? I really wonder! I'm at a loss!

[thaily.livejournal.com]

Could they ask for a full refund? Sure.

Should they get it? Depends, if the art served a very specific purpose and HAD to be available by a certain time, like as a wedding gift or something? I'd be inclined to agree they should get a refund, maybe even a full refund provided they make no claims to any work (sketches) finished up to that point.

Provided the customer gave a reasonable amount of time before the deadline, even if the artist agreed to the time given. If a customer expects a huge detailed multi-character piece in traditional media in like a week... That's an unrealistic expectation.

But that's opinions, and not American business legalities.

[sableantelope.livejournal.com]

even if the artist agreed to the time given. If a customer expects a huge detailed multi-character piece in traditional media in like a week... That's an unrealistic expectation

The artist has to look out for themself though, every party in a business deal is responsible for mitigating their own loss. So you need as an artist to consider how much time you need, and to give yourself 'life getting in the way' cushion in addition.
One party can't just enforce a deadline, it has to be agreed on by both parties at the very beginning of the deal. So if the commissioner says one week and you say no way, that's that. You either have a meeting of the minds on the deadline or don't make a deal.

If you do decide to take that multi character, real media piece with only a week to draw it; and it turns out can't it done you have to face that you made a mistake and eat the loss.

[thaily.livejournal.com]

Oh I know, but that's assuming the artist involved is a professional. There's a lot of newbies in the fandom who get pressured into tight deadlines because they think that's expected and they won't get business otherwise and underestimate the amount of time they need to deliver a satisfactory product and still leave room for edits and tweaks as requested by the customer. In which case the onus is on the customer with unrealistic expectations.

I'm just saying I'd need to know all the details before I could judge whether or not the customer should get a full refund or not. Opinion-wise, not legalities wise. But as you mentioned, if the artist is not a registered professional your legal recourse is limited in this aspect.

[lurkerwisp.livejournal.com]

I'd also like to add that commissioner-caused delays are something that no artist really can account for in setting a deadline, and can set one up for failure.

If you agree to complete even the simplest piece in one week and set a deadline for a specific date, and then the commissioner waits until the day before to get back to you with a reference then you're going to break that deadline no matter how hard you try. D+7 deadlines are easier to meet than DD/MM deadlines just in case your client goes off-radar at an important point.

[thaily.livejournal.com]

"I'd also like to add that commissioner-caused delays are something that no artist really can account for in setting a deadline, and can set one up for failure."

Don't I know it :/
Working on a piece right now with a deadline coming up, customer sent me new reference yesterday when I send them what I thought was the final sketch. It's not malicious or intentional or anything, but ugh, the stress. Combine it with the flu, which is also an unforeseen circumstance and I don't blame artists who refuse to abide by deadlines (and thus don't agree on them).

[lurkerwisp.livejournal.com]

Yeah, I set a short standard turnaround time with milestones based on when client feedback is received. I don't agree to specific deadlines because I've been burned like that in the past in non-artistic work.

Standard turnaround times based on the date of client approval is also how my day job schedules work for code changes. We can give an expected completion date based on the work queue and the standard turnaround time, but only after we receive the signed quote - and we set that date, never the client.

[leahtaur.livejournal.com]

All I can add to this is that the Better Business Bureau probably doesn't want to claim individual freelancers under their umbrella, and that a lot of people don't know that businesses who choose to pay the BBB a fee get a higher rating regardless of their track record. So I don't think they're all that great of an organization to consult anyway. :B

[sheepilyy.livejournal.com]

Yeah! The BBB was really no help. I didn't want to report anyone, I just wanted to know if it was reportable/legal issues with refunds.
I believe they gave me the number to the attorney general office around here and told me to ask them instead. I got a little frustrated and posted here instead to see what everyone thoguht instead.

That is really interesting to know about the BBB tho, I had no idea! I'll be more careful when I look into their rating system.

[mistresswolf.livejournal.com]

This.

When I was just an employee at my current business (and not the owner as I am now) there were a couple of disgruntled customers who threatened to report us to the BBB as if it was something that would make us instantly cater to their demands.

The BB can't really do anything. They will attempt to mediate, but can't force outcomes and if they publish about you on their site, you can get them to take it down.

One person went through with their threat on us and all that happened, was they wrote in a complaint and the BBB sent us a letter asking for our side of the story. When we said that we offered a very good solution that would have solved his problem and he rejected it... they dropped it.

But I digress. I am in agreement that they don't want to take freelancers on and would rather just deal with "regular" businesses.

[jos i (from livejournal.com)]

On thing, I'm going to guess that this is not one day overdue but if it was to be. Always make sue you put your timezone in when asking for the commission, the artist may be in a different time zone to you, It's always good to be specific.

Back on subject, Yes you can ask for a full refund but depending on what you ordered and what you wanted it for this may not be the best choice. If it was for an important business project and you have seen no work then yes you should ask for a full refund. (this is the situation i believe you are in)

However if it is not for a business purpose or doesn't actually have a due date out side of when the artist agreed to it(but from reading what you have written it seems like it does) and you have seen work, you should contact the artist and see if you could get a partial back. This is just what i would do but you could still get a full refund anyway.

Of course however after you have been refunded the money any artwork that was done by them in this time no longer belongs to you and if you foresee using this artist for future ventures i would defiantly try being polite when asking for your full refund, they might very well give it to you, it is always a nice thing to do before going to paypal as the artist might need some times to get the funds for you. However if they become rude after this i would suggest not using them again.

[sheepilyy.livejournal.com]

Yes, a day over deadline I generally am okay with. I generally try to contact people CLOSE to a deadline (ei: there is a week left, how are things going? ect)

I mentioned this in an above post, but how do you feel if after a client asks for a refund then the artist shows signs of working on the art AFTER the refund was asked for? Like nothing was shown to the client prior to that point? Would you still ask for a full refund at that point?

[jos-if.livejournal.com]

Opps so sorry for the late reply, does it look like it was just stated after you requested a refund trying to cover up what they hadn't done, if so i would ask for a full refund, though if it looks like large amounts had been done and looked like it was just taking longer then that artist had thought i guess you should ask for a partial refund and be compensated for them missing the deadline.

[pinkpuppybelly.livejournal.com]

If work has been started on the art, a full refund shouldn't be expected.

In my opinion, at least.

[sheepilyy.livejournal.com]

I guess I am kind of posing this question to a lot of people -- but what if the artist shows the client work AFTER the refund is asked for?

Like the client asks for a refund and the artist says well I have colors done (link), so I can only offer you a partial refund.

This is all of course after the deadline has been missed.

[tylociraptor.livejournal.com]

I mean, it really depends, doesn't it. Is the deadline missed by a day... week... month? Is this progress shown the same day the client asks for a refund, or weeks after? If it's reasonable to believe that it wasn't just thrown together and was completed prior to that email (for instance, is it sloppy and not what was expected, or is it of a quality that was expected and a state that can be used).

I mean, if the artist did the work, I think it's unreasonable to expect a full refund. I mean, if they finished the work the evening prior are they supposed to just sit on their hands and not receive any compensation?

I think it also depends on why the deadline was in place... is it a deadline so that the client has an idea of when to expect their work? Is it a deadline because the artwork is needed for a project and has to be included in time (a book, calendar, etc), or is to be used at an event or for an event? I mean, a missed deadline can either be a minor inconvenience or a major issue that causes loss of business.

[niimou.livejournal.com]

My question is if the colors were done why weren't they sent? Commissioners don't have crystal balls.

Imo if a commissioner asks for a refund before they are made aware that a particular stage has been started/completed/however the ToS deals with that then it's only good service to go ahead and refund. Sure, you could mention that you actually just finished x, does that change your mind? and see where it gets you. But I can totally see why a customer would be wary.

[niimou.livejournal.com]

General 'you' btw.

[mistresswolf.livejournal.com]

Personally, I think it would be shady of the artist to do that. I mean, if they honestly hadn't done any work and then with the threat of having to pay back the money, threw something together to show the buyer.

It has the same attitude of when, as kids, my sister would say "Well I WAAAAS going to *nice thing* for you, but now I am not gonna!" not exactly the same, but the feeling is to me.