Advice on commission and artist who hasn't replied

[easybreezy]

Hi, I've been commissioning artists for a few of years now and need some advice.

In October, I commissioned and paid an artist who didn't say when they would start on the piece or when they'd finish...
I contacted them after about 3 weeks of no reply to my last email and checked in, wanting clarification on when the commission might be started on.
They replied back after a few days, letting me know they haven't started and won't be able to until their winter break (December). I said OK, I appreciate the update and hope to hear back soon.

Jump to now (over 3 months later) I sent an email 10 days ago to check in again to see how things were going on their end.
They're active on Twitter and I saw they were tweeting and working on some of their own personal art, but they haven't replied back to my email yet.
I really don't want to seem impatient, and I understand artists have lives of their own, but in their TOS they said that if they were unable to start and finish a commission in the given time frame, they'd let the commissioners know when the next commissions will be started on- which they haven't done for me;;
I guess I am just not sure what to do, whether I continue waiting for a response or not. :s
I'm considering asking for a refund but their TOS states "No refunds if it's still within the deadline or if you have received the illustration. " even though I don't know when the deadline is because they haven't said...>_<

[querrieoh]

I'd follow the ultimatum advice here: 

https://artistsbeware.info/resources/records/ultimatums-what-why-when-how-r9/

First, get into contact and set a deadline for a response/ proof of work having been done. Via twitter/ email, any and all platforms. If nothing shows up by the deadline, issue a dispute for the transaction via however way you paid. (The deadline for disputes is 180 days/ 6 months for credit cards and PayPal so if that is getting close, I'd be worried) 

 

Yeah, life happens, but you paid money and deserve the respect of a response or a refund if no work has been done. 

And remember to not close a claim until you get your artwork, as claims cannot be reopened. (Assuming you paid via paypal)