June 15th, 2016

Pony woes

I've watched the group from afar for a long time but I've luckily never had any reason to post! I'm not sure if this person is genuinely confused or if this was an attempt to get free art?

WHO: Ecanusiofiel (Deviantart)

WHERE: Deviantart.com (notes)

WHAT: Full body, flat-colour commission of their HRPG horse.

WHEN: -Commission request received on May 15th
-Response and quote sent May 21
-Sketch sent for approval and payment in full ($25 USD) requested May 22
-No response received, reminder note sent June 4th
-Received note that payment had been sent June 4th, and it all goes downhill from here...

PROOF: Collapse )

EXPLAIN: I had opened some fully-body flat colour commissions and received a request to draw this user's HRPG horse on May 15th. I responded to the request on May 21 and gave a quote which they agreed to. I made-up a sketch and sent it the next day for approval and payment in full before proceeding to lines/colour.

This is where it started to go south. I waited for a few days and didn't hear from them but figured I'd wait a little longer. I sent a reminder on June 4th asking for approval and payment. They responded the same day and said that they forgot, which whatever it happens. I checked my Paypal later that day but saw no payment; but since Paypal can be a pain sometimes I decided to wait a couple of days and see if the money would appear. By June 10th I hadn't received anything and let them know that there may be an issue and that I could send an invoice instead if the money had not yet left their account. After four more days of silence I sent a notice that I would be terminating the agreement as I had not received payment or any communication.

They responded immediately by telling me that they thought the commission was already cancelled since I claimed that I hadn't received the money and they “simply shook” their “head and let it go”. I just don't even. Who does this? I thought I had been open and reachable the entire time and don't really understand what would cause someone to just shrug and walk away from $25 dollars sent to someone else for a service. Also incredibly not impressed of the accusation that I've stolen anything. Sort of fuming.

[Edit for clarity] Sorry, I forgot to say that after their last note they blocked me. The white note in the series is what I was going to say back but never got the chance.

TOS advice needed!

I'm currently setting up a new TOS for when I open my services again once my space is renovated.
I haven't posted a lot on A_B but I've been a long-time post stalker and I've seen countless times commenters say how TOS's aren't a legally binding contract.
My TOS in its current state says what a person requesting my services can't do after I've completed and publicly posted said service.
With that in mind, how do I protect myself with my TOS from people who figure out I can't legally hold them to it?
On a side note, no money is passing hands, it's there for more of a protection of my good name online.

The TOS: (It's for character reviews and this fandom I'm doing them for is "particular" about characters and reviews)

1) By submitting you OC (Original Character) in the comment section below and specifying for review you are agreeing to the rest of this T.O.S.
2) All reviews are posted publicly, you may not ask for a review to be private.
3) In the case of a W.I.P. (Work-in-progress) character, you will not send me updates on the character after you have submitted the character to me.
4) I am not responsible for any unwanted comments or extra critiques by third parties after or before the post of the review.
5) You have asked me specifically to review your character, I have not randomly chosen a character to review without your permission.
6) This is a character that you want a critique and honest opinion on.
7) I own nothing in the review except my own words and any drawings that I myself have made for the video or thumbnail.
8) I do not attack, favor, or hold grudges against people, reviews are neutral and I do not rate a character depending on my relationship with the character's creator.
9) The character that you submit to me is your original character (not a friend's character) created on original or credited lines and is not heavily influenced by another character or copies one completely.
10) You will not rush me or ask that I make your review priority.