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TOS Dismissing Unprofessional Behavior

If someone has "no refunds" in their TOS, how does that come into play if the artist is unprofessional?

Say a client pays an artist and the artist is nothing but rude to the client as the commission continues. If the client wants to cancel due to this behavior, does the artist still have the right to keep the money and refuse a refund? (In this situation we're assuming that the commissioner is /not/ at fault.)

Disclaimer: I'm not currently having this issue, but I am curious about what you think about the scenario.
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Comments

celestinaketzia
May. 6th, 2017 02:29 pm (UTC)
I do believe that the last time this came up we had someone who is versed in actual contract law come out and say that it isn't illegal. The client agreed to the terms and such.

However, given that simply having one's money stolen for no work done is completely obscene this is where it's good to use your credit card if you have one.

Credit card chargebacks do not go through Paypal. Even if Paypal has already sided in the seller's favor, the CC company will do more to get your money back. Additionally there are penalties for sellers who continue to rack up CC chargebacks, and if memory serves me right, Paypal will drop a seller that has received too many. (Though someone correct me if I'm wrong?) The fees associated with chargebacks increase as a person racks up more.

But the best way to avoid all this is simply to avoid artists with "no refunds ever" clauses. The only time you are not entitled to a full refund is when work has started, and if the work is completed. If the artist is taking ages, hasn't started, and is difficult to work with you should be able to take your money somewhere else.
baronyiffington
May. 6th, 2017 05:56 pm (UTC)
Yep, the last line pretty much sums everything up as far as my thoughts on this go. I absolutely refuse to commission any artist with a "no refund" policy, and there's really no reason to commission them when there are so many other options.

In my mind, "no refunds ever" is basically a red flag factory exploding in my face.
teekchan
May. 6th, 2017 06:26 pm (UTC)
This. If I see it I refuse to work with them.
rebeccaannoying
May. 16th, 2017 08:44 pm (UTC)
Just out of curiosity, is it generally unprofessional to have a partial refund policy? I am not currently open for commissions as I'm reworking my TOS and pricing, but I was thinking of only refunding for uncompleted work. For example, if someone commissioned a shaded piece but needed to cancel after I had finished the sketch, I would refund them minus the price of a sketch. The client would get a full res version of whatever was completed at that point, of course. I was also thinking of offering a type of stream commission with same-day delivery, but without the option of refunds. Reason being that by the time someone changes their mind, I would probably already have the work done. Is that a bad idea? I've never had to give a refund before ; ;
celestinaketzia
May. 16th, 2017 09:41 pm (UTC)
Refunds for "work not done" if it's the client canceling is about standard.

If the artist is canceling it's generally considered good manners to issue a full refund.
metallik_hasse
May. 17th, 2017 02:11 pm (UTC)
What I meant here was if the artist has "no refunds at all" clause in their TOS.
I do partial refunds, mine are based on a 50% nonrefundable down-payment with the rest based on how far I am on the commission.
If I cancel the client gets a full refund.

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