di_porcellana (di_porcellana) wrote in artists_beware,

Advice needed on odd situation

I'm not looking for this to be a beware, but I do need advice. I apologize if I make mistakes here. First time posting.

In May I sent a friend money of $70 to help them as they were in a financial situation. They asked if I wanted a writing piece (as that is what they offered at the time for commissions) in return and my first prompt was to say no but after consideration, decided to take them up on the offer. We both agreed they would do work for the money and they placed me on an explicitly stated "commissions -- paid" list.

Fast forward a few months later, I inquire about changing the prompt as they had not started yet and they agreed to do so and marked the changes as such on their list. In August I asked about any updates as I had noticed their list had not changed since May and was given a rather (in my opinion) snarky response that commented on my business practices and gave me no answer. This was the beginning of our falling out.

I had not spoken to them for a few days after that and when checking for updates noticed I had been removed from the list (I unfortunately don't have screen of the list with me being on it because I did not think I would need to take one). They ignored the first email I sent to them about completion or a refund and when I send a second email (this month), they told me they would not refund me as I had not followed their ToS by giving them the information first before sending the money, despite them offering to do the commission and making absolutely no mention of the ToS.

I'm in a terrible bind on what I can do legally. The money was, at first a gift, but turned into a commission that was acknowledged by both parties and them not delivering on the agreed upon work is what I am bothered by.
Tags: advice for commissioners
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