# Advice on TOS?



## SpiralHorn (Dec 8, 2012)

I was wondering if anyone would be willing to read of my TOS and give me some pointers? I just want to make sure I've covered everything important and that I won't be screwing my customers over in anyway. Thanks 

TOS is here.


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## Thaily (Dec 8, 2012)

You need to mention you're only offering a partial refund if work has already begun or if the customer is abuse or uncooperative. 
And that you can decline or cancel a commission for any reason, without citing a reason.


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## Arshes Nei (Dec 8, 2012)

You also might want to add what reprint rights the client has or does not have. If this is for personal use, may the person - reprint their commission for a badge for a con? Can they make a poster? etc...


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## SpiralHorn (Dec 11, 2012)

> And that you can decline or cancel a commission for any reason, without citing a reason.



Is that legal though? Wouldn't I have to give a reason?



> You also might want to add what reprint rights the client has or does  not have. If this is for personal use, may the person - reprint their  commission for a badge for a con? Can they make a poster? etc...



Oh of course! See, I'm glad I asked... I didn't eve think of that.


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## Zenia (Dec 11, 2012)

SpiralHorn said:


> Is that legal though? Wouldn't I have to give a reason?


It is perfectly legal to refuse a commission. Just don't keep/ask for money for a product not given. 

I am at the point with one customer where I think I will have to stop working for them. I keep getting emails saying he can't pay yet and can't pay yet... meanwhile the art he is supposed to be paying for is ready for him and he keeps commissioning other people to draw things for him. The money is a good lure for me, but it is getting annoying, so I will probably have to just give up and say no to continuing the project.


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## Tiamat (Dec 11, 2012)

Zenia said:


> It is perfectly legal to refuse a commission. Just don't keep/ask for money for a product not given.
> 
> I am at the point with one customer where I think I will have to stop working for them. I keep getting emails saying he can't pay yet and can't pay yet... meanwhile the art he is supposed to be paying for is ready for him and he keeps commissioning other people to draw things for him. The money is a good lure for me, but it is getting annoying, so I will probably have to just give up and say no to continuing the project.



Did you at least get 50 up front? Or any kind of deposit?


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## Recel (Dec 12, 2012)

Never forget to write "I can/uphold my right to refuse/cancel..." to ANYTHING relevant, giving a reason or not is up to you. Most of the time, you won't need to, but it might save you from someone insane, trying to bend your rules against you.


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## Zenia (Dec 12, 2012)

Tiamat said:


> Did you at least get 50 up front? Or any kind of deposit?


Our deal is that he pays in batches. It is a comic project. So I do three pages or whatever and he pays for them. I *should* have waited until he paid for this batch and THEN drawn them. I just wanted to have them ready for the date we decided would be the upload date... and then it came and went and he didn't pay me. Then the next weekend there was some game he wanted so I didn't get paid, this week I heard nothing so I sent a PayPal invoice reminder. Nothing. I am waiting until this week and if nothing happens, I am just gonna call it a wash and delete the pages. I never sent them to him so it isn't like he will get something for free. 

Live and learn I guess. I have another comic project with a different guy and not only does this other guy pay me MORE than my regular rate, but he pays as soon as he gets the email from me and I know I can trust him enough to draw and email the page before he pays me.


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## Tiamat (Dec 12, 2012)

Zenia said:


> Live and learn I guess.



Yeah, there's a lot of that in this business, unfortunately the learning part normally comes after you've put work into something.


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## Thaily (Dec 12, 2012)

SpiralHorn said:


> Is that legal though? Wouldn't I have to give a reason?



Yes, just state that people will get a full refund as long as you haven't started working on it, and partial refunds to work that has been started.
Say someone commissions you for lineart, you charge $20 for lineart and $10 for a sketch. After you made a sketch he says your mother dresses you funny and you no longer wish to work with him, he gets the sketch and $10 back.

Personally I say I can cancel a commission if the customer is abusive (namecalling) or uncooperative (he tells you how to do your job) and refuse a commission for any reason without citing a reason for the following reason; say you don't draw cub porn, the customer wants a naked cub holding a dildo. You tell him you don't do cub porn, he whines "But she's just HOLDING it!" and you spend 20 notes trying to explain to him that this qualifies as cub porn for you while he's convinced he has the right to commission you and you're just a poopyhead etc. etc.

"No, this is not open for discussion" is a very useful sentence.


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