artists_beware | Entries tagged with tos

kellserskr.livejournal.com

Current Mood: Inspired

Hi everyone!

Last year I made a post about my Terms of Service for Art Commissions, and you were all so helpful with that - I'd like to thank you all for all the tips and ideas! Recently I've had a few ideas for customized physical items for people to commission (dolls remade to look like their OC's etc.), but as I haven't bought many items like this in the past, I haven't read very many TOS's dealing with this type of commission (like I have by reading artists' TOS's). I was wondering if any of you had any tips on writing Terms Of Service for physical customized goods, or any tips? I know it can be quite different because it's more difficult to make changes with physical items.

Thank you!
Kellie <3

king-giga.livejournal.com

Current Mood: curious

Hello, I'd like to have my Terms of Service contract looked over. I want to make sure it's clear, easy to read and well organized so I have a few questions for you guys if this is alright.

Are my terms fair ?

Are they easy to read and understand ?

Does any part of it contradict it self ?

Do I need to rewrite or organize any parts of it ?

Any thing else I should know ?

I really appreciate any one who goes over this and gives me proper advice. I want a fair and easy to read TOS. I'm worried I could have missed something important so I need extra pairs of eyes to go over this. I've seen other artists do this before so I hope this is ok to do. I just need some advice is all. Thanks again and feel free to tear it apart if you have to.

Also does any one know of a better site to host them on or is Google Docs just fine ? I'll be updating it as I'm given advice by the way.

Edit: Thank you every one for the great advice. I didn't even realize my TOS was such a mess. I'm going to be completely rewriting, Making an F-list for adult work, and making a seperate TOS for Crafts/Fursuits. I'm so thankful i've had you guys check it out for me. My replys may be delayed since i'm without a laptop right now, but as soon as i've redone the entire thing i'll have another update up here so every one can look over the new one. I can't thank you guys and this whole community enough.

Edit 2: I've completely rewritten my TOS ! It's a lot shorter and to the point. I'd like some further critique on it as well. The link should be the same but just in case it's https://docs.google.com/document/d/1S5Wb6ZL7XzJ5ac_oWtzF0lUYu1PparX9vRN76XqQRXc/edit?pref=2&pli=1#

After reading Kayla-La's TOS I added a few snippits from their TOS into mine for the sole fact i didn't know how to word it any better than they had. .I also fixed a lot of the wording in mine to look a lot more professional. I'm not sure if credit is needed for that sort of thing ? But I wanted to put that out there just in case. Thank you for the ones who suggested that to me.

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.

oceandezignz.livejournal.com

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 (honed in the fires of discussion posts past) feel free to share it here so folks have an example to look at!

familliaraver.livejournal.com

A customer agrees to a TOS that states "No reviews, negative or positive, can be posted anywhere for any reason"

Customer has a horrible experience.

Can the artist then sue the customer if such a review was ever posted?

Yes, that's a horrible TOS, I have no idea why anyone would ever agree to it, but should the customer just let it go for fear of being sued or is it a baseless threat.

kerstin-orion.livejournal.com

As an artist, it is critical to have a good Terms of Service. One that includes both your rights as the artist and the customer's rights in relation to your transaction. 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 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, artists, 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. discussion and maybe even the examples in the last T.O.S. post, 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!

oceandezignz.livejournal.com

As an artist, it is critical to have a good and solid Terms of Service (ToS). One that includes both your rights as the artist and the customer's rights in relation to your transaction. 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 the past we have discussed the elements needed for a successful and readable ToS, and now its time to put them into play once more. Here's your chance to post your ToS for critique for the new year.

Don't know how to word a particular point you're trying to convey? Want to make sure your ToS is fair for you and your customers? Need to make sure you didn't leave any gigantic loopholes? Link your ToS 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 ToS, maintain a good ToS and how to make sure your clients read and agree to your ToS.

Don't forget to visit the ToS tag too, more information there as well. :)

sophie-manx.livejournal.com

Current Mood: nervous

I have recently run into a problem with a commission I just did. I know it may be too soon to jump to conclusions but I don't know how to handle this.
I have never had a customer come back to me saying they were unhappy with a purchase. But today I received this email

Okay, I just got them in the mail. I tried them on and am sad to say
that I am really not happy with the purchase. The ears are headache
inducing and the tail just will not stay on the belt right. Is there
anyway I can send these back and get a refund from you?

I really don't know how to go about this, there is nothing wrong with the tail, no holes, it is structurally sound, not damaged. I know alot of husky tails flop over, I really don't know how to remedy this, also I told the customer the ears would be on a headband. I guess what I am asking is the customer right to ask for a refund? This almost sounds like buyers remorse. It states in my TOS
"50% (non refundable) of the total up front for hoodies, bags, or tails so I can purchase supplies." How much water does a TOS hold? Also what is stopping the person from opening a paypal dispute and forcing me to refund the whole purchase price? Am I responsible for shipping back to me?
The set in question-
http://www.furaffinity.net/view/8105621/

EDIT:
I sent them this email yesterday morning ( I did not want to wait to long and have them think I was ignoring them)

Hello,

I am terribly sorry that you are not happy with your items. I will gladly refund you 50% not including shipping to you or back to me, which would be $35.00, which is a little more than 50%. I will issue the money back to your payal when the tail and ears get back to me in satisfactory condition. My refund policy is clearly stated in my TOS here http://www.furaffinity.net/journal/2527007/. My TOS is also very similar to other makers, and quite standard. I also reserve the right to resell the tail and ears at my discretion.

If these terms are not acceptable you are more than welcome to resell it privately or on furbuy.com . I will take your comments into consideration going forward.

Please let me know what you decide,

Thank you and have a good weekend,
(My real name)

I have yet to hear back from them. I will update this post as new info comes available. I thank you all sincerely for the suggestions and after reading though them it looks like I made a good choice with wording this email.

sophie-manx.livejournal.com

Current Mood: nervous

Hello,

If these terms are not acceptable you are more than welcome to resell it privately or on furbuy.com . I will take your comments into consideration going forward.

Please let me know what you decide,

sophie-manx.livejournal.com

Current Mood: nervous

Hello,

If these terms are not acceptable you are more than welcome to resell it privately or on furbuy.com . I will take your comments into consideration going forward.

Please let me know what you decide,

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:

sigilgoat.livejournal.com

suzaku-ou.livejournal.com

First of all, I would really like to thank the community members who helped me a couple of months ago with my difficult problems. I couldn't be more thankful to everyone :)

A month or two back, I was so depressed because of the more current incident, but because there have been some nice people recently who have been very encouraging and one kind person even asked for my commission info, I would like to ask for some advice on how to improve my ToS? I really don't want to go through such a horrible experience again, and I would really like to stay friendly with commissioners while maintaining a professional composure and environment.

( Details below )

suzaku-ou.livejournal.com

xyzillentz.livejournal.com

Yes, this title is probably confusing... it's not a beware, but I'm seeking opinions for myself.

I am, as far as I know, the only one on FurAffinity who does a rather specific type of commission. I convert 2D images to stereoscopic 3D for viewing on 3DTVs, the 3DS, or with those old red/cyan glasses - whichever the customer wants. Of course there's not a huge amount of interest in this, but I have gotten some people's attention. That leads me into one particular dilemma. If someone comes to me with their own art, obviously it's no problem. I've also got an arrangement set up with another artist where my conversion can be purchased as an add-on for commissions from him, so I obviously have his permission. But many, many artists are understandably defensive of their work. My existing "TOS" is very rough and I'm looking to update it - so I want to know how you think I should deal with requests to convert art that the buyer commissioned for someone else.

My initial thought was to simply state "if the art to be converted was not drawn by the customer, they must get permission from the original artist for it to be converted". But is that effective enough? Obviously it would be easy enough to lie about. If an artist contacted me and told me their work had been converted without permission, I would, of course, take it down. I think if I went with that plan, I might include a bit explaining that there are no refunds for conversions removed by request of the original artist.

Should I be more proactive about it, though? My other thought was that I'd contact the artist myself to get permission. It's still not fullproof since the customer could lie about drawing it themselves, but the extra verification could avoid later problems. On the other hand, it could delay or cancel legitimate requests if I can't contact the original artist.

So, what say you, the good and experienced readers of A_B?

xyzillentz.livejournal.com

55seddel.livejournal.com

Mods, remove this with my blessing or contact me if there are any issues with the subject matter or format

I am new to being on this side of the transaction(used to being a commissioner not an artist). I have setup a skeleton FA page. I want to write a TOS and Commission price sheet up so that all the commissioners and consumers of my product (now primarily rings), have a familiar format to be used to.

So I am at a loggerheads, I intend to post pics of the rings as I make them and ship them out. Should this be specified in the TOS? What about copyrights on a name?

These are hand forged and I don't use a pattern or anything premade, despite how it looks, it's a surprisingly involved process. Should I indicate that once the top ring blank plate is cut(they are not struck, I hand saw these) that no refund will be offered?

I am dealing with Argentinium and Sterling Silver, thus need to ensure payment in full to befit the upper end metal that I am using. I also know that I am gonna make accurate fit initial measurements a commissioner issue. They are also responsible to get any resizing.

I will be offering a warrantee on workmanship, but not finish as these do tend to get scratched.

I don't want to make these to advertise any fetishes, illegal, or immoral activities. Should I spell out in specific exhaustive detail what I won't do?

What other issues are leaping out at you on this? I know jewelry is not really common an issue to deal with in this format so I am grateful to all input. I am just starting, and look forward to using your help to step forward with the right foot, even if it is the left one.

Cross posted to both A_B and My own journal.

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"Artists Beware"

A Community to Warn of the Good, Bad, and Ugly of the Commission World

Entries tagged with tos

Terms of Service for Physical Items help?

Advice: Terms of Service (Critique)

Official ToS Review Post

Official Terms of Service Advice & Review Post

Question about TOS

Official "Terms of Service" Advice & Review Post

Official "Terms of Service" Advice & Review Post

Looking for advice

Looking for advice

Looking for advice

The Official T.O.S. Post

The Official T.O.S. Post

The Official T.O.S. Post

ToS feedback, please?

ToS feedback, please?

ToS feedback, please?

Advice - Commissions to Change Commissions

Advice - Commissions to Change Commissions

Advice - Commissions to Change Commissions

TOS help for an artisan.

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