Advice: ToS

[vellacraptor.livejournal.com]

I've never actually -made- a ToS before, but considering I'm starting to take commissions more regularly I thought it might be a good idea to make one.

So I tried to make something that was simple and to the point, but covered all my bases so to speak. Would you all mind giving it a look-over and see if I've missed something or if something is unclear?

Terms of Service here.

/edit I've added in the revisions, and also added WIPs. Clarified the public use "making-of" bit. :>

Comments

[squirrelly-kaku.livejournal.com]

Looks short, sweet and to the point to me. The only thing I'd consider adding is something regarding revisions: How many big alterations you allow, if you'll charge for alternations, etc.

Other than that, looks great!

[vellacraptor.livejournal.com]

Oh, that's a good idea! I'll add that in. :>

[taelifoe.livejournal.com]

I'd agree with squirrelly_kaku about the revisions. You might want to include something about if you allow changes during different stages of work, what the limits are, etc.

The other thing I'd suggest is a bit nitpicky, so someone else feel free to jump in and say if this sounds like overkill:

"I reserve the right to use the art for my personal portfolio or showcase the making of publicly." By 'making of', do you mean the process of creating an item? Yeah like I said, it's an anal suggestions, but I would maybe just clarify on that one. Totally up to you and what you think sounds good.

[kikai-saigono.livejournal.com]

I don't think it's overkill, especially since there was a debate about it just recently!

[kikai-saigono.livejournal.com]

Dammit, pressed reply too early. I agree there should be clarity considering there was a debate recently.

[vellacraptor.livejournal.com]

Yes, like if I wanted to livestream publicly while working on a commission. :>
Or use it as a tutorial or something.

[vellacraptor.livejournal.com]

That's why I also added the bit about if they'd rather me not, then they can ask and I won't. :>

The debate I saw over it actually made me want to add that in just so I can avoid a mess like that. xD'

[geoectomy.livejournal.com]

Your very first clause is about how you reserve the right to refuse an order due to customer conduct. I agree that the clause should be there. But the very first one? This is almost flat out telling people you expect them to be a problem. I suggest burying it a couple of clauses down.

Clause 3 (reserve the right to use the art) is redundant. Clause 2 already states that you reserve the rights to the artwork. How you make use of that artwork is, therefore, none of the customers concern.

I believe that what you're offering, then, is a license to the customer use the image you created at their direction.

I suggest putting a version and/or date on the TOS, such that it is easier to tell what terms apply to what commissions. This especialyl applies if you anticipate revising the TOS.

In the Payment section, you're offering up to a quarter-payment refund if you've missed the ETA. Is that right?

[vellacraptor.livejournal.com]

I've changed a few things thanks to your suggestions. :>
I kept the for use publicly bit since it could be a problem, but added it onto the "I reserve the rights" clause. Also added a date.

Yes, I offer a partial refund on request, but that's there just as my way of preventing procrastination.

[spiffystuff.livejournal.com]

Looks pretty good! I think the only part I felt was confusing was the termination clause "minus only the amount of currency for the work done." "Currency" there sounds weird, plus it's very vague. Something like "minus the amount I normally charge for what work has already been completed" (if that's what you're trying to say) might be more specific. That way if you finish a sketch and your sketch prices are posted, everyone can see what amount should be kept. Does that make sense? I don't think it's necessary to write a huge amount but just be more specific on what people may expect as a refund if they are booted.

Similarly, since it's come up a few times now here, might want to add a line about what happens if a customer wants to cancel, for whatever reason.

[vellacraptor.livejournal.com]

Thank you! Hopefully it's clearer now. :>