Date: 2017-03-22 01:12 am (UTC)
TOS wont replace a proper buyer's agreement and by their powers combined a proper contract. With the way e-sig have come into recognition there's 0 excuse for getting proper, written contracts with exact terms while doing custom work strictly online. Gone are the scan/sign/scan days even so no excuse. Research basic buyer's agreements, and don't be jamming in any old terms of service unless you know they're legally reasonable and therefore enforceable.

Once compensation happens- ie: have them spend money on materials, you've created a type of contract between you and client anyways, no matter how 'casual' you want or imagine things to be.


If you're adding deposits into the mix do some research. Learn what is and is not okay to keep in terms of a deposit and how to word them so that they'e binding. Deposits aren't a way to try and legally double dip.

Custom work is a more complicated thing to set up agreement wise than just selling an item but not impossibly so.


Regarding some other points you've made- don't give a deadline unless you can keep it. Just don't. Fullstop. That's taking on additional risk, charging extra for hard deadlines is good practice.


Since you're worried about a quote in the bargaining phase, well add an extra two month cushion, or whatever you know is the max it'd take. If you're worried you'll go past the cushion to the point where you don't feel right even giving a quote in a range, then I'd say you're not in a position to take any custom work right now.
Your "giving" free labour was part of the contract you made, it's none of the client's concern, it's how you chose to make the deal, not them. It doesn't mean you get to be late. If you hope it will make clients more patient, well that's nice but business is business and is almost never nice. Friendship is nice, and trying to mix business and friendship is a good way to be bad at both. You may get patient clients, and you may get others who see you as not being professional about this and wanting to bail.

I just get this odd vibe from you wanting someone to tell you the max or usual time line as if you aren't even sure yourself of your own average work time.
If you want to be held to the legal entity Reasonable Completion you're going to be compared to a pro, full time costumer whether you feel that fits your more casual operation or not. Once you take money to build a costumer you're a professional costumer. You don't get to play at business when real cost is involved.

So you're better off giving real quotes based on how long you honestly know deep inside it will take you to build the costumer. Including if you get busy at your "real" job. If that means two years, well then you be honest and you say two years, don't try and hint it will probably only be six trying to weasel out of the two. If you can't commit enough for six be honest and say 24. Expect most clients wont want to wait that time and wont hire you.

Once you have them buy those materials and spend money this is as much a real job as your fulltime job.


You have to think about if you break your arm for a month, if your house burns down and your insurance doesn't cover enough for the half built costume you now have to refund or remake. How to handle refunds if the client doesn't want the materials in lieu of cash.(they aren't costume makers, the materials aren't of value to them and they bought them under your direction. Now if they send you materials they bought independently and say 'make me something from this' that's different. This is the kinda stuff you want to hash out contract wise)


If you want to half-play at this, make premades which you may or may not see a return on. Sell with an extra offer to tailor them to the client(within reason of how you know the item can be nicely tailored) if you want tailoring-to-fit experience. Custom work is a niche area of business with a lot of pitfalls and is a lot of risk for buyer and seller, you don't want to half ass it.
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