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Advice: Commission Policy/ TOS

I have started picking up commissions lately, and have discovered through following this group that it may be best to set up a commission policy or TOS to fall back on in case I come across any problems. I've drawn some resources from Graphic Artist's Guild Handbook of Pricing and Ethical Guidelines but I wanted to make sure that the tone of my TOS is right. I also wanted to ensure that I included as much possible as concisely as I possibly could while still outlining everything to protect myself and my commissioners.

Here is a link to my TOS (Link goes to Google Docs)

I appreciate the time and any suggestions or recommendations you may have.
Thank you for reading!

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( 23 comments — Leave a comment )
Nov. 30th, 2011 11:37 am (UTC)
In the note section of a paypal payment have your commissioner put their profile name from the site they commissioned you from paypal user name is NEVER their profile name usually....also have them give a quick description of the item purchased...ex: ref sheet, icon, etc. This helps when looking up previous transactions or organizing various commissions from a single customer

Who pays the paypal fees? You may want to cover that in your TOS

otherwise? very good TOS! Super organized. Concise and could easily be used as a template for people trying to write one of these!
Nov. 30th, 2011 11:53 am (UTC)
"Who pays the paypal fees? You may want to cover that in your TOS"

This, i'd personally add, "All paypal transactions must be for goods, transacations sent as gifts can not be accepted."

For figuring the price minus fee of goods use http://ppcalc.com/ to figure out the correct amount to send.

I'd also include some rider like, "Please quote "This is the weather the Nightgale likes" at the start of any email to confirm you have read, understood and accept these terms."
Nov. 30th, 2011 02:08 pm (UTC)
+1 to the proof of TOS consent part...I had never thought of that
Nov. 30th, 2011 04:38 pm (UTC)
Thank you for your contribution to help me with my TOS.
While I may not state anything about Paypal fees in my TOS, the link is really helpful when considering cost and setting up buttons.

Also, I will take into consideration the TOS check, though I hope to not have to add it, since I will be sure to link each potential client with the TOS to read.

Thank you again!
Nov. 30th, 2011 03:20 pm (UTC)
Who pays the paypal fees? You do. It's against paypal's TOS to charge the buyer for using paypal's services. You just have to work the cost of the fees into your pricing.
Nov. 30th, 2011 04:10 pm (UTC)
This, definitely.

While I agree with the other changes to my TOS I have always figured the Paypal fees as part of the cost of running a business, not to mention it's against their TOS to charge a buyer for a Paypal service.
Nov. 30th, 2011 04:39 pm (UTC)
I completely forgot that Paypal will only send you the person's given name when payment is sent.

Thank you for your help!
Nov. 30th, 2011 09:02 pm (UTC)
Be careful with saying what was commissioned. While utter bullshit, people have gotten in trouble with miscommunications.

I generally just put my username from whatever site. The commissioned person should keep the information somewhere like their e-mail.
Nov. 30th, 2011 05:14 pm (UTC)
Instead of having to dictate how a client is to send a Paypal payment, why not use their invoice feature? It's what I do, and it helps you avoid all the hassle of payments being marked as the wrong type and having the correct info on the statement. It's really easy to use and helps you keep track of your commissions better!
Nov. 30th, 2011 05:41 pm (UTC)
I have actually considered trying this since the 'Paypal Scare' on Furaffinity. I will definitely give it a try and if it proves to be just as easy I will definitely change my TOS accordingly.

Thank you!
Nov. 30th, 2011 06:42 pm (UTC)
Nov. 30th, 2011 07:06 pm (UTC)
That's so easy!

Definitely going to use this. Thanks!
Dec. 1st, 2011 06:56 am (UTC)
It seems weird that it's saying to not even mention that it's for an art commission. Wouldn't that make it harder for the commissioner to make a legitimate claim when they don't receive their art?
Dec. 1st, 2011 07:32 am (UTC)
That's true. When I make an invoice I would make a point to say that it was for art that in case (and I do hope it never happens) there is a dispute that the commissioner would have no issues if they needed to make a claim.
Dec. 1st, 2011 07:39 am (UTC)
This is of course anecdotal but i've never had a problem disputing a transaction even if the payment message never specified what it was for.
Dec. 1st, 2011 04:42 pm (UTC)
I've never had to dispute something but for the most part I never specified what I was paying for. I think that's fine it is just the "say its for something else entirely so you can deny you're an artist at all" is the part that bugs me.
Dec. 1st, 2011 04:51 pm (UTC)
Oh I see. Actually I agree with you on that, it's such an odd thing to do and I'd rather leave it blank than be dishonest.
Dec. 1st, 2011 08:33 pm (UTC)
I didn't really make that clear in my first post, sorry!
Dec. 1st, 2011 09:07 am (UTC)
No idea. That's one part I wouldn't follow, who even buys cookies online? haha

I probably wouldn't mention what it was for. As long as the commissioner knows it's you who sent the invoice [and obviously you'll know who you sent it to], it should be fine.
Dec. 1st, 2011 09:19 am (UTC)
This. For my case, specifically, I will be discussing the commission with the person using my email so it won't look like a random request for money.

And...I've ordered cookies online for gift baskets.;A;
Dec. 1st, 2011 09:32 am (UTC)
After I said that I was like "wait...cookies aren't perishable...I bet you can get them on etsy."

Then I felt dumb. :(
Dec. 1st, 2011 09:40 am (UTC)
Don't feel dumb. I just checked and you can XD
Dec. 4th, 2011 09:03 pm (UTC)
Now that has to be one of the most helpful and useful guides I've ever seen! I shall encourage every artist I commission from in future to use this method for their protection and mine.
( 23 comments — Leave a comment )


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