Official ToS Review Post

[celestinaketzia.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 feel free to post it so others can use it as an example.

Comments

[mortymaxwell.livejournal.com]

"I can cancel commissions (with partial refunds given for work not yet completed)" made me raise my eyebrows, because it's unclear what is causing the artist to cancel. Is the artist canceling because the customer harassed or abused the artist? Or is it because the artist just doesn't feel like doing the customer's commission?

I have seen TOS where it sounds like the artist will keep a portion of the customer's money if they cancel for personal reasons, and those are artists I avoid.

[kjorteo]

Our only intent with that was to cover the theoretical position where things have gone disastrously wrong and we'd be trapped otherwise, such as with this case (which was a huge part of the inspiration for that clause--I specifically wanted to give us a way out if it ever gets to that point.)

At the same time, though, we would much rather just finish the commission if at all possible. Having to cancel throws everything off, wastes time and money, and is just ... not something we want to happen. I mean, the idea of a good commission is getting to finish and having something the customer likes and then everyone's happy, right? That's our goal, primarily. Actually, the first draft of this TOS had more of an "all sales are final, absolutely no refunds" clause for that exact reason, until I pointed out that that sounds a lot like she could just take and keep the money, and it was just way too harsh, so I softened it to what you see now.

Basically, I was just trying to word that such that we could give ourselves an emergency exit if we needed it, without giving the customer too much free reign to pull the plug at absolutely any time for any or no reason (as we want to protect ourselves, too.) If you can think of a friendlier way to put that, I would honestly love to hear it; as a writer-not-artist, I commission a ton of art myself, and I'm extremely put off by overly aggressive, intimidating, or anti-commissioner-sounding TOSs as well.

[teekchan.livejournal.com]

If the artist cancels, baring ToS breaking, a full refund should be issues.
If the client wants to cancel, or is breaking your ToS, a partial refund is given.

[kjorteo]

Noted. I will run this by the artist and see if we can get it adjusted, then. (Obviously I'm not just going to up and rewrite her TOS without her approval.) Thank you!

[mortymaxwell.livejournal.com]

Hi. It didn't sound overly aggressive, just vague.

*I reserve the right to cancel and issue a refund for whatever reason.
*In the case of a cancellation on my part due to personal matters, you will receive a [WHATEVER REFUND POLICY YOU WANT TO HAVE HERE]
*In the case of a cancellation on your part or due to commissioner conduct, you will receive a [WHATEVER REFUND POLICY YOU WANT TO HAVE HERE].

[kjorteo]

Oh! I see. You're right; that is a lot more clear that way. Thank you!