Ok I have talked and read some people's TOS and frankly they freak me out.... So I thought I needed a GENERAL talk about documents and how to set them up.
Terms of Service:
This document is where you lay out YOUR rights and the PATRONS rights to the product you are delivering. This is Mine
. Mine only applies to custom adoptions. If you are doing commissions you need a different one because you often don't own the characters. So here is what you ROUGHLY need to address in a TOS
1. At what point does the work become theirs?
Why? I have this so up till the moment I upload it. I own it.
2.What the patron do/not do with the design?
Why? so they don't do something with it you don't like
3.COMMERCIAL AND PRIVATE USE
you have to do this. no exceptions. who owns what.
4. Anything else you want to talk about? Other section
Myo- detail their rights/ yours
Co owning- detail their rights/ yours
Resale- detail their rights/ yours
What you will not do- detail their rights/ yours
5. LASTLY AND MOST IMPORTANTLY A RIGHT TO DECLINE SERVICE.
PLEASE DO NOT LEAVE THIS OUT. this is to protect you from trolls/fake bids/discovering a past of negligent payments
here is mine: **Breaking this agreement will result in blacklisting from future purchases. Further infractions will result in a ban. If after accepting work I discover the customer has a past of delinquent payments, returns, or reselling. I reserve the right to refund money before work is completed, breaking the contract. If I don't like how a consumer is treating me I also reserve the right to refund money before work is completed, breaking the contract.**
I specify this cause you guys always wright "I can decline work" and it sounds negative/ your not elaborating. these contracts are all about wording. You have to sound emotionless and to the point. Don't write emotional things in a contract/ terms. It sounds bad and can often discourage buyers.
This document is where you go OKAY YOU READ EVERYTHING, You made a order. You are sending me MONEY. The contract details the rights the seller is providing to the patron/ their rights to their money and refunds/ iterations. It is also your ONLY LEGALLY BINDING DOCUMENT. "you agree automatically when you purchase" is to me BULLSHIT because they never signed,checked,stated,or wrote that they agree. Yes that statement is technically legally binding but its not something you can pick up and show to people with the users account information. To me it is a lazy way to do this/ if you get ripped off you have no tangible line that you can point to and say. Yes you did agree right here, they can argue they never saw it. Also to me it feels very anti-consumer but idk. This is Mine
. So here is what you ROUGHLY need to address in a contract.
1.The date they signed it
Why? cause if you have no refunds after work is delivered and they charge back....well.... they agreed.
2.Both your names and paypal emails.
Why? because even if their paypal is fraudulent/ someone else's. they are providing the account which is where the money is from if it is refunded. It doesn't matter who's account it actually is. Your mom's, Your dad's. I don't care I want my money.
3. What did they buy?
So you can be like they agreed to buy one thing. They got it. Nothing else.
4. Your terms about refusing work.
Why? XD SO if they want to return it and keep the art you legally said you would reclaim the work and keep the money.
5. Who's Copyright is it anyway?
They own rights to the character and idea. NOT your work. Specify your creative commons liscence when you submit (DA has this feature). Also restate they have no right to reproduce without consent
6.Payment amounts and how it is determined!
What are the elements that determine price. I have this also outlined in detail on my price sheet. I also keep my notes. all this part says is. WE TALKED ABOUT IT AND AGREED. Make sure in your notes you ASK. Is this amount fair to you. they say YES. they have agreed to the total. the end.
7.) PAYMENT TERMS!?!
Iterations cost money. and pay me up front within 24 hours. I don't recommend any other policy.
8.) What other documents they agreed to
list your terms and price sheets/ other docs.
9.) A PLACE TO SIGN AND DATE.
keep all copies of contracts on hand at all times.
I will go over making order forms and price lists later...*rolls*