The Official T.O.S. Post

[sigilgoat.livejournal.com]

As Artists_Beware is always looking for ways to help our members continue to better themselves and their fellows, we are bringing you another all-encompassing advice post! Today's topic: Terms of Service.

Feel free to post your answers to the following questions, and whatever other TOS advice you can think of!

1. Subjects that Terms of Service should contain:
2. Ways to make sure customers have read a Terms of Service:
3. Ways to deliver a Terms of Service:
4. Places to host a Terms of Service:
5. Are you a customer or an artist/craftsman?
6. What kind of clauses would you consider to be unprofessional/unenforceable?
7. What TOS content would encourage you to commission a person?
8. What TOS content would discourage you to commission a person?
9. Any other TOS experiences, good or bad:

Comments

[sigilgoat.livejournal.com]

1. Subjects that Terms of Service should contain:
Contact information, typical art process, changes allowed, refund information, shipping info.

2. Ways to make sure customers have read a Terms of Service:
I have no idea, haven't figured this one out yet!

3. Ways to deliver a Terms of Service:
I have mine on my FA journal with a link in my header and on my profile page.

4. Places to host a Terms of Service:
I should be keeping mine on googledocs as well! That's a great resource for forms, spreadhseets and documents.

5. Are you a customer or an artist/craftsman?
Artist

6. What kind of clauses would you consider to be unprofessional/unenforceable?
No refunds ever

7. What TOS content would encourage you to commission a person?
Easy to read, clear and consise, friendly attitude while still protecting themselves.

8. What TOS content would discourage you to commission a person?
Large gaps in important information such as queue times, refund ability and so on. Naiive or overly protective air where I feel like I'm a criminal before I've placed an order.

9. Any other TOS experiences, good or bad:
Most of my TOS has come from experience, watching others or this community, so I'm glad we have this entry now to kind of distill down all that stuff!

For those of you who are curious, here is my own TOS, which I have heard is a good one. I still need to do a bit of updating as some of it is a little wordy, but here ya go c:
http://www.furaffinity.net/journal/790554/

[skysealer.livejournal.com]

In regards to your no.2 (although of course it's not a sure-fire way to make sure they've read the TOS) I sometimes make a remark to the customer to make sure that they have 'read and agreed to the TOS' before I go into any details or price quotes of the commission contract.

I typically do this for new customers who admit to being first-time commissioners, younger commissioners, etc.

[puppetmaker40.livejournal.com]

Please make sure that your TOS has some way to contact you that is CURRENT and when you change how you should be contacted, then please change it on your TOS

[tanginello.livejournal.com]

1. Subjects that Terms of Service should contain:
REFUNDS!!! Payment policies (ie. when you are expected to pay and how), how re-drawing a sketch or changes are handled (ie. when it is okay to request changes, how much you are allowed to request be changed before you get charged extra).

2. Ways to make sure customers have read a Terms of Service:
Maybe you could hide a secret phrase in there. Honestly, I have never had a problem since putting mine up so I just assume people read through it while they're checking prices.

3. Ways to deliver a Terms of Service:
Mine is on the FurAffinity journal as my commission prices, so you have to encounter it anyways if you want to see what I offer. (Kekekekekeke.)

4. Places to host a Terms of Service:
Anywhere you take commissions. I think people really hate having to navigate to a different site to check things, so I try and keep everything together.

5. Are you a customer or an artist/craftsman?
Artiste

6. What kind of clauses would you consider to be unprofessional/unenforceable?
I'm not sure. But if you put a "I can cancel whenever I want" clause in there, I guess that's pretty awful.

7. What TOS content would encourage you to commission a person?
Concise and to the point. Wishy-washy or long-winded info makes me nervous.

8. What TOS content would discourage you to commission a person?
See: I can cancel whenever I want/I never give refunds/who cares about turnaround.

9. Any other TOS experiences, good or bad:
None, really! Since putting up my TOS I've had slightly smoother commission processes, but that's about it. Looking forwards to hearing advice from everybody else.

[grandioze.livejournal.com]

What about if an artist says they can cancel whenever they want and refund the money if the client is causing problems? I have something like that in my TOS draft so that I'm not forced to work with a client who is being extremely rude, impatient, demanding, picky, etc. etc. etc.

[fenrirs-child.livejournal.com]

1. Subjects that Terms of Service should contain:
Any and all policies you want to be able to refer someone to if there's a problem. Refunds, wait times/deadlines, contact info, repost rights if you do art, etc.

2. Ways to make sure customers have read a Terms of Service:
I have mine as a checkbox on my quote form, with a link to my TOS right there with it. If that box isn't checked, you can't submit a quote! Easy-peasy.

3. Ways to deliver a Terms of Service:
See above. It's also a tab on my website for easy any-time access for anyone curious.

4. Places to host a Terms of Service:
I have mine on my personal website, because I don't trust FA for anything important like commission info or personal info.

5. Are you a customer or an artist/craftsman?
Artist/craftswoman

6. What kind of clauses would you consider to be unprofessional/unenforceable?
No refunds ever, no contact, no repost rights, etc.

7. What TOS content would encourage you to commission a person?
A well thought out, professionally worded TOS that makes me feel that a professional person will be the one doing the commission.

8. What TOS content would discourage you to commission a person?
An overly emotional, flecked with emotes, poorly spelled confusing mess. Bad grammar always makes me skeptical of someone's level of competence, though this is sometimes excusable for international artists with a language barrier.

9. Any other TOS experiences, good or bad:
I feel well-served by my TOS, even if there may be some arbitrary points in there that may turn some people off to commissioning me. I feel safe to say that those who wouldn't be comfortable with the terms listed there I'd not be comfortable working for anyway, so I'm not too worried about it. Overall, I feel a TOS should accurately present guidelines for how the artist would be most comfortable working, so customers can know right up front what to expect, and not have either party be surprised after the transaction is already underway.

My TOS is here, I don't mind people taking inspiration from it, but please don't just blatantly copy it, I worked very hard to get it where it is!

http://www.fenrirschild.com/tos.html

[beetlecat.livejournal.com]

I want to address ToS which are heavily weighted to the seller's side. Remember that they were there to protect BOTH the buyer and seller.

In addition to explaining what you DON'T do and-here-are-the-rules-you-must-abide-by-or-I-will-take-legal-action I like it when they explain what the artist WILL do and what rights they agree to afford to the customer. It shows that this is likely to be a very fair and happy arrangement where the customer does not feel cowed and worried about addressing issues later on (which can hurt the seller in PR and failing to realize quickly enough what things need to change).

[kawaiipiepie.livejournal.com]

I agree with this, too

[temrin.livejournal.com]

Here a list with its own pros/cons, etc.

http://thatdamnwolf.net/post/13818153226/the-8-ways-to-not-paypal

[sigilgoat.livejournal.com]

While we do appreciate these types of lists, we're trying to get entries from people with personal experience with these sorts of things, and with more information. Unfortunately some information on there is incorrect, or outdated. For example, there is no listing of how Alert Pay currently cannot accept credit cards, or that Dwolla is US only.

[clockmagic.livejournal.com]

I kind of want to answer this too. :x

1. Subjects that Terms of Service should contain:
Process , limitations? (What you can or cannot do), *I can't think of the word right now* average wait time?, payment method, refund info, shipping, contacts,

2. Ways to make sure customers have read a Terms of Service:
Ask them to confirm they've read it at the end of your TOS? I do not know, I read before I agree to anything. :s

3. Ways to deliver a Terms of Service:
Email, website, journal page. Best if someplace everyone can see it.

4. Places to host a Terms of Service:
I wouldn't know. Same answer as #3?

5. Are you a customer or an artist/craftsman?
Customer 'orz

6. What kind of clauses would you consider to be unprofessional/unenforceable?
No updates or W.I.P pictures on anything?, no refunds, I can quit if I can't handle it kind of clause.

7. What TOS content would encourage you to commission a person?
Easy to read, does not come off as rude

8. What TOS content would discourage you to commission a person?
Ones that do not make sense, unprofessional tone, and no contact listed

9. Any other TOS experiences, good or bad:
I do not have a TOS as I am just a customer. Do I still answer this?

[kawaiipiepie.livejournal.com]

I'm interested in what you said about WIPs, I've never offered WIPs/sketches because I find stopping to show progress hurts my 'flow'. I'm curious, would you consider commissioning someone who doesn't show WIPs - perhaps if there were some 'compromise' such as a price that seems fair/good value, or is it very much a deal-breaker? I appreciate your input. (:

[amocin.livejournal.com]

1. Subjects that Terms of Service should contain:
Contact inofrmation, samples of art and price quotes, refund information, will not do list, shipping info, expected time frames.

2. Ways to make sure customers have read a Terms of Service:
My terms of service are located right under my commission information, so it is all on one page. There is no way to make sure they have read it, but when getting their info one should ask "Do you agree to the terms of service?" and make sure that they stated 'Yes'.

3. Ways to deliver a Terms of Service:
In the template that you get commissioner info from.

4. Places to host a Terms of Service:
With your commission information/price guide. On an FA journal or somewhere within the site that is easy to get to and find. Like in your profile information, or your featured Submission.

5. Are you a customer or an artist/craftsman?
Artist

6. What kind of clauses would you consider to be unprofessional/unenforceable?
No refunds, making it difficult for users to contact you during the process, no changes/edits allowed at any time.

7. What TOS content would encourage you to commission a person?
Easy to read and follow, even more so if they offer you a date they will be streaming the commission so you can help during any editing process. Polite in their way of speaking about what they will and wont draw.

8. What TOS content would discourage you to commission a person?
Not having a TOS at all, not allowing edits during any point of the process, super long turn around times (a couple of months). Things that show any kind of rude behavior towards future commissioners, for example "I hate drawing females, so dont bother asking." When it could be stated "I am unfamiliar with the female bodies, and at this time I am not accepting commissions with them in it."

9. Any other TOS experiences, good or bad:
I have forgotten my own a time or two, but it has never been on anything big that created an issue. My TOS was mainly made with the advice of others who helped me fill in anything that was important and needed mention.

I have seen many TOS's that are a little harsh with their 'will not draw' list. It should just be a list, not a list with a min-rant attached as to why they wont draw such and such.

[taasla.livejournal.com]

I am genuinely curious as to why people are leery of the "I reserve the right to cancel at any time and issue a refund." clause? I have it in my ToS and I generally keep it there just in case of emergencies on my end or a customer is difficult.

I've never had to issue a refund, but I thought it would be good to have there. Or should I specify that I will only cancel if I am having an extreme personal emergency or if a customer is being overly rude?

[clockmagic.livejournal.com]

I am wary of the ones that do not offer a refund of any kind personally. I have seen a few written like that and even asked if a refund was possible and just not mentioned.

[merlin-the-wise.livejournal.com]

Does anybody have a ToS template that I can work from? I haven't made my own ToS yet, and I'm worried that I don't have the skill to actually write a decent one on my own.


As for things that throw me off when reading somebody else's ToS, I hate unprofessional language and whining about customers, and ones that discourage regular contact by listing it as 'harassing'. And ones that explicitly state they won't fix mistakes that they are responsible for. Or ones that contradict themselves. That sort of thing, you know? Makes me very leery.

[wolf-nymph.livejournal.com]

You're free to copy mine, I just commented below you!

[wolf-nymph.livejournal.com]

1. Subjects that Terms of Service should contain:
Your process/what a client should expect, protection/transference of rights for both the artist and client, cancellation clause, some payment details (if you require up front money, or anything as such), what is required from the client other than payment to begin work, what content an artist will/will not handle or depict.

2. Ways to make sure customers have read a Terms of Service:
Make a digital signature required, or make sure they have a link to it wherever you do business, and ask if they've read it all (require a clear direct answer for this that you can save for your records).

3. Ways to deliver a Terms of Service:
Link in commission sign-up journal, put in your online store's information, email link or form directly to clients.

4. Places to host a Terms of Service:
formsite.com/
blogspot.com
livejournal.com
Any reliable online journal hosting
Your own website

5. Are you a customer or an artist/craftsman?
Artist

6. What kind of clauses would you consider to be unprofessional/unenforceable?
Any clause that strips the client or artist of their legal rights for the transaction, or puts an unfair hardship on either party.

7. What TOS content would encourage you to commission a person?
A thorough well thought out TOS without any "attitude" laced in the words.

8. What TOS content would discourage you to commission a person?
One that clearly strips me of my rights as a client, or perhaps a TOS that has a lot of defensive emotional wording.

9. Any other TOS experiences, good or bad:
I can link my TOS, which everyone is free to take inspiration from or outright copy!

http://fs12.formsite.com/Eskiworks/form724230382/index.html

I also think it's really important to stick to your guns on your Terms of Service, even if a customer is getting uppity about it. Just remain polite and professional, and remember that your TOS is for your protection AND theirs.

[gaaralover85.livejournal.com]

I have to give you a personal thank you, your TOS was a base for mine, and it helped wonders with clarifying certain points, which people always seem to niggle with me. So thanks wolf-nymph! You're a star <3

[loganberrybunny.livejournal.com]

1. Subjects that Terms of Service should contain:
What you will/won't draw, refund policy, how best to contact you, reposting rights (it's amazing how many artists leave that one off), changes, shipping/postage if applicable -- very much including international if you're advertising globally.

2. Ways to make sure customers have read a Terms of Service:
Ask me! A friendly query of the "And you've read my TOS and are okay with it all?" type is absolutely fine.

3. Ways to deliver a Terms of Service:
This sounds a bit suspicious of me, but ideally somewhere it can't silently be changed after the initial agreement -- so sending me a copy by email would be great even if it's also on your FA journal.

4. Places to host a Terms of Service:
Wherever's obvious. If you're offering commissions on FA, then I'd like to see a copy of the TOS on FA.

5. Are you a customer or an artist/craftsman?
Customer.

6. What kind of clauses would you consider to be unprofessional/unenforceable?
A bald "I don't give refunds" will ensure I don't give you business. If you fail to provide what I'm paying for (assuming I'm not the one at fault) then I expect my money back.

7. What TOS content would encourage you to commission a person?
A TOS that's easy to read and understand, written in good, clear English. If you're selling art, even for $5, you're a professional artist, and if you come across as though you appreciate that then I'll respond to that.

8. What TOS content would discourage you to commission a person?
As well as the converse of the above, anything which suggests that a person doesn't appreciate that not all potential customers are American. If you only want to offer commissions to the US, that's no problem. If you advertise to the world, agree to draw me (in the UK) a picture and then tell me I'll have to pay $10 over the odds for shipping, that is a problem.

9. Any other TOS experiences, good or bad:
Nothing that really stands out. I'm not a prolific commissioner, and the few problems I have had haven't been TOS-related.

[houndofloki.livejournal.com]

1. Subjects that Terms of Service should contain:
Subject matter you will and won't draw, how many revisions, cancellation and refund information, how to get ahold of you, typical turnaround times

2. Ways to make sure customers have read a Terms of Service:
Put it towards the bottom of your commission form, or copy-paste your ToS to the bottom of the email or note you use to reply to their commission inquiry

3. Ways to deliver a Terms of Service:
The two ways I already mentioned, linking it in the FA/DA journal you announce your commission openings, etc

4. Places to host a Terms of Service:
Google docs, whichever art site you're using to accept commissions

5. Are you a customer or an artist/craftsman?
Both :p

6. What kind of clauses would you consider to be unprofessional/unenforceable?
Unprofessional - anything overly emotional, whiny, or defensive. Things to the effect of "I don't agree to deadlines and I'm finished when I'm finished"
Unenforceable - no refunds ever

7. What TOS content would encourage you to commission a person?
Clear, concise, and professional language, polite demeanor, clear estimation of turnaround time

8. What TOS content would discourage you to commission a person?
"I reserve the right to cancel at any time and issue a refund less my fee for work already done" - I was burned by that one.

9. Any other TOS experiences, good or bad:
The above mentioned. I had an artist cancel a $40 commission due to family problems, give me a refund minus the "work already done" fee (the refund I got was $20) and then give me a sketch that was barely recognizable as any character, much less mine :p It was useless to me, and I hadn't agreed to purchase a rough sketch anyway, and the whole thing was kind of annoying - so now I'm leery of that clause.

[onesteptwo.livejournal.com]

If the artist uses a form site to get their information all in order, why not have a question at the end that says "And the dinosaur is which color?" In the TOS, just simply state somewhere that "My favorite dinosaurs are the purple ones".

That way the commissioner needs to fill it out and if they don't answer it, you can know they didn't read your TOS. Just make sure not to make it its own paragraph so that it's not easy to skim through and find.

[crazy-onna.livejournal.com]

Maybe even making that hidden sentence a picture file, or mispelling the key word within the ToS so that they can't cheat by using Ctrl+F

[myenia.livejournal.com]

1. Subjects that Terms of Service should contain: Clarify your legal rights, even if they're already enforced, so there can be no confusion...Include exactly what your prices include...include your return policies..."In sending payment, you are agreeing to these terms of service, which will not be superceeded by any other terms unless agreed upon in writing." Unfortunately I've seen commissioners write up a "ToS" for their characters and then expect artists to abide by them. Yea right!
2. Ways to make sure customers have read a Terms of Service: Have clear links to your ToS any place you offer commissions, specify that by sending payment they are agreeing to the terms of service.
3. Ways to deliver a Terms of Service: On your website or any other online location. I print the link to my ToS on the back of business cards I have at cons and make sure customers take one. It is their responsibility to read or just "check the box and click "I agree.""
4. Places to host a Terms of Service: Online.
5. Are you a customer or an artist/craftsman? Artist.
6. What kind of clauses would you consider to be unprofessional/unenforceable? IMO, if its in your ToS AND the customer agrees to your ToS prior to initiating a commission, anything is fair game. It may be insanely stupid, but if both parties agree, then that's that.
7. What TOS content would encourage you to commission a person? ToS that limits both the commissioner and the artist, holding both to certain standards of behavior. Particularly clarity around payment, refunds, delivery, and the file management (exact clarity around what the commissioner can do with the product), so that the customer does not have to ask for it.
8. What TOS content would discourage you to commission a person? The lack thereof. If its flimsy, or claims too many restrictions or rights on one side or the other. A good ToS should give structure to what is expected out of both parties.
9. Any other TOS experiences, good or bad: I've had commissioners try to show me THEIR ToS for their characters, claiming they own the copyright. I've also had some that believe they own some kinds of rights to the image they commission. Since this is a major pet peeve of mine, (misguided entitlement), I clarify the laws in my ToS, even though I don't legally have to. This is because furries are a little (incredibly) stupid when it comes to understanding their own ownership of their characters and of the art they commission. In fact, the only reason I bothered replying to this is because I wish more artists would make this more clear. I've even heard artists, who are equally ignorant of the laws, encourage these issues and give up their own rights to their own artwork because of this rampant misconception!

[copper-curls.livejournal.com]

Somewhat related, and I hope I'm not committing threadjack - but even if one doesn't do commissions but trades or request, should one have a TOS? I put together a sort of TOS, and would appreciate feedback on it, if I may:

TERMS (as of Dec 3rd, 2011)
1. I retain copyright to the stories I write.
2. If you have received a story from me, you automatically have my permission to re-post the story when, where and as you please. All I ask is that I be credited as the author, any characters not your own be credited to the character(s) owner(s), and that you link to my original post of the story.
3. If you are not the recipient, please ask before you post any of my writing, and if I refuse permission, please respect that. If I give permission, please credit and link as requested above.
4. If you fail to respect these terms, I will ask you to take the post down, and if you do not, I will ask the site admins to do so.
5. By requesting or entering into a trade with me, you acknowledge that you have read, understand and will abide by these terms.

[latilombax.livejournal.com]

1. Subjects that Terms of Service should contain:
asking for commission progress; refund request; what you draw or won't draw; limitations of what I want drawn; permission to post my commissioned works in my gallery; most importantly, getting in touch with you

2. Ways to make sure customers have read a Terms of Service:
definitely ask me

3. Ways to deliver a Terms of Service:
PMs/emails mostly

4. Places to host a Terms of Service:
anywhere

5. Are you a customer or an artist/craftsman?
commissioner mostly

6. What kind of clauses would you consider to be unprofessional/unenforceable?
ignoring PMs/emails/IMs/messages (aka being hard to contact); making up some excuses as to why you hadn't started/completed the commission; having a poor attitude (like, say, being very aggressive); not accepting refunds whatsoever; blocking

7. What TOS content would encourage you to commission a person?
friendly/polite/professional behaviour; easy to work with; decent turnaround

8. What TOS content would discourage you to commission a person?
extremely slow turnaround; no refund policy

9. Any other TOS experiences, good or bad:
not much TOS since, like I said, I'm a customer

[leahtaur.livejournal.com]

Recently, I've had to add a clause to my ToS that I've never heard of anyone else having a problem with.

I'm a digital artist at the moment and I give my customers two files: the 300 dpi full size .jpeg and a much smaller, net sized .jpeg (800 or 900 to a side). I have had two separate customers (that I am aware of) post the gigantic .jpeg to their galleries. FA then sizes it down, but the thing is still 1280 to a side and larger than what I have posted in my own gallery.

This is a problem because I intend to sell prints and/or digital sales of full res files in the distant future. Obviously, if an interested customer can just trawl through my previous commission customers' galleries for the full size, or something much larger than what I have in my own gallery at least, then it defeats the purpose of paying.

I now have it in my ToS because when I asked one of my customers to replace their large file with the smaller, they hemmed and hawed, delaying for several days, and said "I don't see why I should have to." I had to mention the possibility of making a TT before they would get moving. :/

I should mention that the net sized file I provide and post myself is by no means small and shows off all the details nicely.

Anyway, this may be something that artists selling prints, high res art collection CDs or downloads may want to consider.

[taasla.livejournal.com]

I always tell customers that any smaller sizes are for them exclusively. As far as I can tell, no one has violated this.

[crssafox.livejournal.com]

1. Subjects that Terms of Service should contain:
The basics of what you want your customer to know. Contact information, pricing/refunds/cancellation policy, WIP info, time frames, etc.

2. Ways to make sure customers have read a Terms of Service:
When I send a quote to a customer, I add a clause that says, "By paying your non-refundable slot fee, you acknowledge that you have read and agree to the terms of service" and include a link to the ToS.

3. Ways to deliver a Terms of Service:
See above. I also have it posted on my web site, my Etsy page, and my FurAffinity page(s).

4. Places to host a Terms of Service:
The main web site would be a given, although it can't hurt to cross-post as many places as possible. That way there are multiple options if a customer is trying to find a copy after the initial e-mail I've sent, although I would hope they could always refer back to that e-mail, as well. ;)

5. Are you a customer or an artist/craftsman?
Artist/fursuit & costume builder

6. What kind of clauses would you consider to be unprofessional/unenforceable?
Anything that goes against the law, or other rules of services required to be used. For example, ToS that states a customer is responsible for all PayPal fees. This should be rolled into the pricing of the item or commission, not something outstanding.

7. What TOS content would encourage you to commission a person?
If there were multiple points of contact for me to get in touch with the artist. I know that sometimes e-mail goes unchecked, so if other things like Facebook, Twitter, FA/DA, etc. are shared, it makes me feel more confident that there are multiple ways I can get in touch with the artist if I need to.

8. What TOS content would discourage you to commission a person?
Personally? The attitude and manner in which the ToS are written. If the ToS are full of bad grammar, punctuation, misspellings, and have an overall bossy/pushy attitude, I would probably not commission the artist. There is a huge difference between firm and professional, and just being rude and demanding.

9. Any other TOS experiences, good or bad:
I constantly adapt and change my ToS as I go along. I've had some instances with customers where I should have added something to my ToS but because I didn't, I felt obligated to pretty much shoot myself in the foot. Like all things, it is live and learn.
Although I did have a situation recently where I was saved by having adapted my ToS based on a bad experience with a customer. The first incident was a pushy, fussy commissioner that pressed and pressed for me to rush my work and hit a deadline - one that kept changing to be sooner and sooner, no less - and so I added to my ToS because of that. A few weeks ago, another customer did the same thing to me, becoming overly pushy and insistent despite the fact that I was working as fast as I could, and I refused to sacrifice quality of work just to have his costume done in two days' time. (??) I ended that relationship right there, telling him that he was either able to take a full refund, or I'd send a partial refund and the items I'd already created. He was frustrated with me, but it was incredibly relieving to not have to be tied down to someone that thought they could make me work faster by constant harassment and belittling comments.

[lurkerwisp.livejournal.com]

1. Subjects that Terms of Service should contain:
Contact information for sure, shipping information, copyright information, and a very clear guide for what to expect from both artist and commissioner.

2. Ways to make sure customers have read a Terms of Service:
I know this will sound complicated, but I use Google Analytics to track pageviews. My TOS is on a seperate page, and if there was no traffic on that page I know that it wasn't read. Because of the way Analytics is set up, I can see where the referral came from if they clicked the link that I sent them and see that they landed on the TOS page instead of the home page. If there's earlier traffic on the page corresponding to the time when they first contacted me, then I feel comfortable that even if they didn't click the link I sent that they must have looked at it when considering the commission in the first place. My site gets so little traffic that these things are pretty easy to see, but could be thrown off by an unrelated hit so it's not a perfect system in the least.

3. Ways to deliver a Terms of Service:
It's good to stick a link to it in the first messages received by the commissioner.

4. Places to host a Terms of Service:
Mine's on my Google Sites page, and links to it are everywhere.

5. Are you a customer or an artist/craftsman?
Little bit of all three these days. Mostly an artist.

6. What kind of clauses would you consider to be unprofessional/unenforceable?
I find really bad spelling mistakes to be extremely unprofessional. I find that cancelations without a refund of any kind by the artist are unenforceable.

7. What TOS content would encourage you to commission a person?
One with very clear language that comes across as professional and polite is encouraging. I like to be comfortable knowing that the artist isn't a jerk. I also like to have at least a vauge idea of a timeline in there somewhere.

8. What TOS content would discourage you to commission a person?
"U," "ur," and any other chatspeak would send me running for the hills. If a person can't type out a few extra letters to refer to me in the second person I'm not willing to deal with them at all. Any reference to year long waits is also a bad sign to me.

9. Any other TOS experiences, good or bad:
I built mine from reading posts here, but get so few commissions (most from repeat customers who know how I work already) that it hasn't really been all that necessary yet.

[scenceable.livejournal.com]

Hi, I am wondering if it's okay to post a link to my TOS and have people go over it? I tried submitting a full entry asking for advice and it was rejected and I was pointed here but I still have questions. Also if I just link it in a comment here I don't think anyone will see it. It's not a huge deal either way, I was just wondering! :)

[kayla-la.livejournal.com]

Go ahead, that's part of what this post is here for! We just didn't want the community becoming overrun with TOS posts, so we made this just for that.

[scenceable.livejournal.com]

Thanks Kayla!

My prices and terms are all together on one document. Here it is: https://docs.google.com/document/d/18TMrwDmMnbxkX0IJkZB30eNQaG6oDhmoGehbLLSiYA8/edit

I make sculptures from polymer clay. I took commissions for them all last summer and learned a lot. I am currently closed for commissions while I finish school, but once I graduate in May I'm opening them up again and want to make sure I have a proper TOS. I've been working on this one here and there for the past few months but am at a point where I'd like a fresh set of eyes to look it over.

I do have a few specific questions.
1. I mention on one part that I would only refund the deposit due to unforeseen circumstances on my end. But I also say later that the 6-8 week turnover is an estimate and I will not refund based on it taking longer. I'm thinking I may need to be more specific here, but am not sure what to write. For example I can't imagine taking longer than 6 months for something, unless the commissioner had awful communication or wanted like 5 sculptures in a set or something.
2. The shipping prices literally ARE what they are. I've mailed lots of things, had bad experiences with the postal system, so those policies aren't going to be changing. It sucks because it's expensive, but I think by outlining them directly in the TOS it helps as people know what they're getting into before contacting me for a commission. However I'm a bit concerned about the wording here, and if I go into too much detail about why the prices are what they are.
3. I left the stricter stuff at the end... I did this because I don't want to come off rude or elitist right away but I'm still worried it sounds too harsh.

I guess the main advice I'm looking for is whether it's understandable, if the organization is okay, what the tone comes off as, and if I've left out anything. I am somewhat concerned that it's way too long (I tend to ramble) but I can't think of areas I can cut.

I appreciate any advice you guys have! :)

[starcharmer.livejournal.com]

This is the last ToS post we've had soooo I was wondering if there was a place we could post our ToS and have it looked over? Are entire entries like that still okay? Could we have an all encompassing "post your ToS" post? Something?

Idk, I just made my ToS last night so I'm looking for people to look it over haha.

ETA: Derp, should have read the comments before I asked.

Here's my new ToS if anyone's still tracking this post and wants to look it over for me:

https://docs.google.com/spreadsheet/viewform?formkey=dGkxUXlIVWh3VnphalBBWVMxRWFZM2c6MQ