Artist doesn't respond to update requests, it's only been three months, what should I do?

[Empyreal]

Okay so long story short; I commissioned an artist and they haven't responded to any of my three notes requesting an update, leaving the first two read but unresponded and the third one unopened after a week. Now I don't know if I should file a chargeback or not.

 

Long story long;
In November 2019 I commissioned an artist and their partner (they were doing collab commissions) for a 2 character nsfw piece. All was fine and dandy, they seemed eager to work on my commission as I hadn't even gotten around to sending them all the info (I posted that I was interested and that I'd note when I knew what I wanted, they ended up noting me asking what I wanted)

Come December, I've given them all the information and I've paid the amount they quoted me. On one of the artist's TOS (Person A) it states that the max wait time for commissions is two months. From what I can see, they don't have a shared TOS nor does the other partner (Person B) have a TOS. Thus, I can only assume that the TOS I can hold myself to is Person A's.

Now it's mid March, obviously past the two month max waiting time. I've noted them several times, the notes being unread for about a week before it was opened and then just not responded to. I've sent a note on Jan 30th, Feb 16th, and March 4th. The content of the first two is just a minor 'Hey, how's this going?' and 'Hey, could I get an update on this?'. The latest note (as of yet, unopened), detailed that I was getting uncomfortable with the lack of response- especially when I can see that the notes HAVE been opened. I'm extremely patient, but I won't tolerate unanswered requests for updates when it was for quite a lot of money. At this point, I don't want to get the commission anymore, and would rather recieve a refund of the full work. (I'm assuming that, because I haven't recieved any WIP, notice, or update etc I'm still eligible to recieve the full amount.) If this note went unanswered, I would file a chargeback.

Now my question is, should I do the chargeback in the first place? Am I in the right for asking a refund? And if I should file a chargeback, should I wait until they've responded? Should I send another note with a date saying if it's not been returned by x date I'll file a chargeback?

I've never had to chargeback an artist before so I'm not sure how long is an appropriate wait time between notifying and doing it x_x

Thank you for any advice or help, it's greatly appreciated!
(I also hope I'm doing this right fndkjgndf)

[Eden]

Now would be a good time to send them an Ultimatum.

It doesn't have to be anything long.  Since you've already said you're no longer interested in the art, it would be best to simply tell them that you would like your refund and would like their response on how the refund process will go.  A week wait for a response is good enough before you file a dispute.