Hi A_B, I wanted to know the opinion of the community regarding a potential issue I may have (nothing happened yet, but I’d like to ask ahead of time in case it does).
When I commission people I tend to pay a little more than what was agreed to (out of kindness to help ease the lose of the fees). However, there are some artists that are now starting to reach a point in which I don't think they will complete the work within 6 months and I feel I may have to cancel and request some refunds.
The problem however is that I paid extra and if I request a refund, would it be acceptable for them to only refund the amount agreed upon (and keep the extra I gave)? Or do you think I should receive the full amount I paid if they didn't do anything at all?
(for example, if the agreed amount between the artist and I for a commission was $40, and I pay them $45. After waiting 6 months with no work done at all, is it acceptable of them to keep the extra $5 even though they didn't do anything at all? Would I be in the right to expect the full amount {including the extra I gave} if no work was done?).
P.S. No T.O.S. of any artist I hired has the exact situation above covered in the part of their T.O.S.'s that mentions refunds, so that's why I'm asking here before the potential situation occurs.
When I commission people I tend to pay a little more than what was agreed to (out of kindness to help ease the lose of the fees). However, there are some artists that are now starting to reach a point in which I don't think they will complete the work within 6 months and I feel I may have to cancel and request some refunds.
The problem however is that I paid extra and if I request a refund, would it be acceptable for them to only refund the amount agreed upon (and keep the extra I gave)? Or do you think I should receive the full amount I paid if they didn't do anything at all?
(for example, if the agreed amount between the artist and I for a commission was $40, and I pay them $45. After waiting 6 months with no work done at all, is it acceptable of them to keep the extra $5 even though they didn't do anything at all? Would I be in the right to expect the full amount {including the extra I gave} if no work was done?).
P.S. No T.O.S. of any artist I hired has the exact situation above covered in the part of their T.O.S.'s that mentions refunds, so that's why I'm asking here before the potential situation occurs.
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As for your situation, just say "I'd like my money back please, as you've not begun any of the work from what I have seen, and due to the wait, I am uninterested in the art now." You don't need to specify "oh and the tip I gave you too" or anything. Just the money, because they'll see you sent them $45 and if they're honest about it (I hope so), they'll just send you $45 in return.
Personally it would freak me out a bit if the commissioner tried to give me more than asked, though with invoices I don't have to worry. :3
Edited at 2013-04-05 06:11 am (UTC)
Thank you kindly for the feedback. :)
But this particular situation, where I wait six months and it seems it won't be completed any time soon, was a very grey area to me and I wasn't sure if expecting the tip back when no service was completed at all was on me or something I should expect.
But the majority and yourself here feels that while I should receive the full amount, if I don't, then I'm out the money that I, in a sense, gambled that extra amount when I should just stick to tipping at the end for those who do excellently instead.
In any case, thank you kindly for the feedback, I do appreciate hearing from you guys to help guide me here. :)
However legally speaking, that tip was a gift and is forfeit. Asking for the gift back, even though I believe you should get it, is a bit tacky.
Either way, I would send tips in the future after the fact.
Thank you for your contribution and for helping me. I will take the community's advice and just stick to tipping at the end then. Thank you again. :)
But it's good to know there are people who would pay back the full amount (if no work was done at all). I'm just going to have to contact the artist and see what happens for these particular case and if they don't, then lesson learned. :\
Thank you for the advice. :)
Though in the future I second the above about a tip being something to give afterwards, for stellar work, not beforehand. But for now I think you're totally within your rights to ask for the full amount back.
I'm going to take everyone's advise and just stick to tipping at the end instead, that way I'm not assuming.
Regardless, thank you kindly for your feedback and contribution. I hope the artists pay me back in full if they don't/can't complete the work before the six months is reached, but I'm going to take this as a lessen learned on what I should be doing in the future to avoid these potential situations.
I'm just going to have to bite the bullet and see what happens and if they don't pay the extra amount, I guess I'm out. I will have to make a point to only tip at the end rather than do so up front (I got in that habbit because the majority of the people I've worked with had excellent service, but there are always bad apples, so I have to take that into account now).
Regardless, thank you for your contribution. :)