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Advice on Pay after Commission

I don;t do many paid after commission and I doubt I will again. I haven't paid the artist but I had agree to paid after their done or after WIP. I want a few opinion on these cases.

Case 1:
The artist never note me, send me WIP, and a year past. My life been up and down, college was stressful, and I forgot the cancel the commission within the one year. Note: One reason I forgot was the commissioner never inform me of any update or WIP or even bother to tell me they were alive and working on it. Do I still have to paid them and if I don't will I be an bad commissioner? How long can the artist hold me accountable for my commission when they never bother inform me of my commission? (assuming I forgot to cancel which I know will happen over a year)

(base this on being a good person and commissioner in your opinion)
If they take say a year, would I have a right to ask them to wait/hold for payment because I didn't realize I owe anyone anything for about a year? (assuming I did not get any update or information about the commission in a year) If I can ask them hold for payment, how long would I have? I want to say 3 month for them to wait since they did made me wait a year without any update but that seem like a long time. However they can hold on the my commission until I paid in that 3 month.If they refuse to hold and I don't have the money would I be the one at fault? (same circumstances as above)

Case 2:
When should I cancel a paid after commission if I don;t get any update and WIP?

Sorry for the rambling but I never been in this spot before.I always paid before but the artist ask for after so I am in need of advice. I had gotten artist ignore me and scam a few time so I am being careful.

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Comments

( 12 comments — Leave a comment )
xisidereal
Jun. 14th, 2013 08:50 am (UTC)
If you agree to pay them upon the completion of your piece ultimately it's on you as far as paying for it. They did the work, even if it took a year, and if you decide not to pay you're going to be at fault. It will be a mark against you really for taking the completed piece and refusing to pay.

Keep up with people that owe you work and ask for WIPs and set deadlines. If it's been too long for your comfort level, I'd get in touch with them, ask for progress, if there has been none then cancel. Really it's up to you how long you feel comfortable with waiting. If you are concerned you won't have the money at the point they are finished get in touch with them, ask them for an estimate, and explain that you want to make sure you pay them but are just concerned with having the money at that time.
solar_tagline
Jun. 14th, 2013 10:04 am (UTC)
In my personal opinion so long as they haven't started work you shouldn't be too out of line in asking for a refund so long as it's not stated in the ToS that you can't cancel after so long.

If they have done some work on it then I would pay for the work they had done. I would say send them a message and ask if they had started, and if they haven't then request that it be canceled if you don't plan on waiting.

Over all pay for what work was done, but ask about canceling the commission. There's no shame in it.
purpule
Jun. 14th, 2013 10:11 am (UTC)
Case 1. If you agreed to pay them after they completed it and they did complete it, then yes, you have to pay. You say they didn't keep updating you, but did you ask about progress? If not, why should they be out of pocket because you forgot you ordered a commission? I'm not saying that it isn't bad form to not update your commissioners, because it is, but it can be a 2 way street.

If you want to cancel it, and all they've shown you is the WIP, then pay a portion for the WIP and move on. You shouldn't be afraid to discuss it with the artist, you may be able to come to some mutual agreement.


2. You should only cancel it after making sure the artist hasn't started work on it.



I absolutely loathe this sort of payment set up, leaves too much risk for both parties.
exo_formicidae
Jun. 14th, 2013 11:05 am (UTC)
I usually ask for updates, whether I've paid up front or they want it after completion. I have a tendency to not 'bother' too much if it's a pay upon completion, usually with a note every 3months or so.

If they suddenly say after a year; "here is your comission, send money to *****", and you just spendt that money on something important, I think you should have sendt them a note or something about how much of a warning you need before they ask for money. I always try to have the amount I owe all set up in my paypal, but it's usually less than $20, so if it's a big comission, and you really need that money a month, I would either cancel or tell them what amount of time you need to be able to get the money again ^^

I wouldn't go as far as saying you are a bad comissoner if you don't have the money if they haven't updated you in a year - but as purpule said, it's a 2way street, it's better of you if you send a note asking for updates every now and then, and say if you no longer can afford it. If they have done any progress (and shown you), I think you should pay for what have been done.
spiffystuff
Jun. 14th, 2013 01:00 pm (UTC)
Unless otherwise specified, yes I would say you owe the artist who does work for you. Exceptions might be if the artist said they would give wips and didn't, and you were unhappy with the commission, or if a deadline was given and passed, or if you attempted to contact the artist to cancel or discuss progress and had no response in over a month.

If you did in fact try to cancel that's on them, if you just forgot about it and didn't ask for progress, the artist has no way of knowing if you want the commission or not, so yes, you're responsible if they continue with it if you haven't tried to tell them otherwise.
intj_reflection
Jun. 14th, 2013 02:55 pm (UTC)
1) If you've committed money to someone and neither you nor the artist have cancelled the commission, you owe that money upon completion. Outstanding debts should be treated as money already paid, meaning you wouldn't borrow against cash you've set aside for rent because it is committed for that bill whether it has been paid or not.

If you receive a final project and have spent the cash you committed to it that's your fault. I would note the artist and explain the situation immediately. Lack of communication or progress images was unprofessional on their side and hopefully they will understand that well enough to be willing to work with you on a payment plan or a slightly delayed payment. In this case the length of time allowable for that delayed payment would have to be worked out with the artist.

As long as work is completed an artist can hold you responsible for the money you promised them by commissioning them no matter how much time has passed. This is true for commissioners holding artists responsible for work promised to them a year or years after the fact as well.

2) Cancelling a commission is reasonable up to the point you receive the final work. Once it is in your hands and you have proof of completion you have no right to decide you no longer wish to receive something or, in cases where art was prepaid, request money back. A transaction is finalized one it is completed on one party's side, ie. artwork finished or payment made.

Afterthought: I find myself uncertain as to what to do in the case of pay-upon-completion artwork commissions if, after a complete and utter lack of communication or progress shots of the work, the artist suddenly produces a WIP once cancellation is requested. My feeling is that the responsible and professional thing to do would be to pay for work completed, but at the same time it would be easy for unscrupulous artists to pull something together quickly to keep some portion of what they had been promised or as an attempt to keep the customer entirely committed to the project.

Edited at 2013-06-14 03:06 pm (UTC)
zackfig
Jun. 14th, 2013 02:56 pm (UTC)
The onus is on you as the client if the artist presents you a finished piece.
thecreativepen
Jun. 14th, 2013 06:30 pm (UTC)
Well, has the artist produced a satisfactory finished piece of work for you? If that is the case, you do owe them for the work completed. Just because they didn't update you, and you forgot about the commission, doesn't excuse the mistakes made by both parties.

As a commissioner, especially with pay after completion plans, you have an obligation to pay the artist after they've completed the work. You should also try to keep track of the status of your work in a reasonable fashion. Forgetting about the commission does not absolve you of your responsibility to pay.

Now, if there are mistakes that weren't covered in WIPs, then I think you have a right to withhold payment until mistakes are fixed. But if it is a satisfactory image, you owe them the money, and you need to figure out a way to pay them. You entered a contract with them, and "making them wait cause they made me wait" isn't a fair way to counteract their behavior.
zin103
Jun. 14th, 2013 06:37 pm (UTC)
Sorry for not clarifying this:
When I say no update I mean I cannot contact them for update. This has happen before and it is my worst fear. I email/PM/Note the artist 2-4 time and do not get an answer. I leave the case alone because I doubt I will get an answer. So say I email/PM/Note them but then forgot about the commission. They email/PM/Note me a year after send me the commission. That was what I meant by no update not just me ignoring them and not asking for update. And thanks everyone for the advice. I am canceling because this payment type is just scaring the hell out of me. (and their super long commission list) I can't set money aside for the rest of my life thinking the artist may demand my money any moment.
sbneko
Jun. 14th, 2013 11:11 pm (UTC)
In a case where you can't seem to get a hold of them, the best thing to do would be to send a final message saying you are cancelling the commission. It's best not to leave things open for when they decide to come back, if at all. If they do come back after a year, it's sort of on them if they didn't listen to your wishes.

Least that's what seems to be the best thing to do.

Also, it's a good idea to start keeping a list of these things, that way you won't forget yourself.
radcatastrophe
Jun. 14th, 2013 06:43 pm (UTC)
If you weren't putting forth any effort to contact the artist then you owe them, if you did and they ignored you or waited this long to contact you back then I personally would have told them that I want to cancel (if you haven't stated that throughout trying to contact them, even then it'd be a bit late and you'd still have to pay for the work they did do). But if you commission a lot, or even once in awhile I suggest keeping a list of who you owe, how much you owe or how much you've paid them (listed out with any add-on payments for multiple characters, etc), and when you initially ordered the commission as well as when you paid.

I keep one on my desktop, and I use to keep a shorter and less informative version on all art sites I have an account on, so if I forget to check one and I'm on the other I see it and check my list on my desktop.

EDIT: Ha! OP posted before me, but my post still stands :D

Edited at 2013-06-14 06:44 pm (UTC)
stormrunner1981
Jun. 14th, 2013 07:37 pm (UTC)
I do pay after completion because I personally may have to cancel the commission.

However I contact the commissioner if that is the case.

It has been over a year if the time has been uncomfortable (it would for me) I'd send them whatever means to cancel the commission.

Be wary as they may throw something together at the last minute so keep something aside just in case. (I've had this happen to me as a commissioner).
( 12 comments — Leave a comment )

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