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October 30th, 2018

Official ToS Review Post 2018

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.

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!
[Click here for a run down on what to include.]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.

Community Tags:

Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Moderator Repost: nayel-ie

Note this is a repost as the original was deleted by the Poster.


Name of Poster:  TrebleTheCat


Date of Post:  @ 2016-02-14 05:19


Link to Screenshot of Post:  https://www.dropbox.com/s/m54b0w17avco1sl/Community%20Moderation%202016-02-13%2014-15-49.png?dl=0


Link to Original Post:  http://artists-beware.livejournal.com/895172.html


Tags on Post:  beware, artist-nayel-ie

Community Tags:

Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

No Edits/No refunds

Hello-hello! Long time lurker, first time joining/posting!
I recently commissioned an artist for an icon that is a super cute 'chibi' style and after a brief delay where they very maturely kept everyone updated I finally received it to find that it was off a bit color wise.
The artist themselves works in a fairly pastel style so I expected some muting but not to the severity I got.
They explained they had a new computer that wouldn't color pick(?) and had to eyeball the colors.
The icon aside from the coloring is fine, very cute.
However they asked what I thought or if I was happy with it and despite them having a no refund/edit clause I tossed them a message regarding the color issue.
I saw the no refund/no edits before I commissioned but the icons we're simple enough and cheap enough I felt it worth the risk.
The artist responded to my first message reaffirming the no edits, brought up their old ToS that use to say the colors would vary and that was that.
(I also asked about a smaller detail on the character but I do agree with them it was too small to get across on such a small icon)
I messaged again expressing confusion on why they asked my opinion anyways as well as pointing out their old ToS has nothing to do with this as it wasn't the ToS I agreed to. At this point I was fine with it tbh, cut my losses and go.

Then next reply they insulted me. Got very aggressive and rude out of nowhere. So I told them the conversation was over, I did not tolerate rudeness and we could continue the discussion in PayPal's dispute window.

Their last reply was to tell me they would take this issue publically.
I received a refund shortly after.

I'm wondering what to do now, they have a big following and while I do not regret putting a foot down I do not want to to deal with the backlash of whiteknights pouring down on me over what I assume will be a nasty and rude call-out post. Should I wait to see if this is just a thinly veiled threat? Inform then I will make a beware if they go through with their call-out post? Ignore it for now???
Their ToS is actually ridiculous and their stances on character sales and adopts are very...shaddy too?
I admit this is on me for taking the risk and not researching them further but the fact they got so hostile out of nowhere is my issue now.

(Forgive any errors, I'm on mobile!)

Edit: given they made a rude beware of their own to share our private conversations I will be taking the advice to post my own beware here. Thank you all for the advice!

Community Tags:

Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

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