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.
