TOS update - advice needed

[alecrimcarmim]

Hey there!

As we stated in our last comment on the beware post, our team is taking their time to fix our terms of service by parts, so we can make sure we don't repeat ourselves too much or lack in communication with a serious document like that. 

We would like to ask for some advice as we go (if possible) and for that we'll send updates on the terms as we fix each step of it. We decided to start from the cancelation //termination clauses since those were the ones in most need of fixing to adjust to the topics listed on the beware. 

Any tip/fix/suggestion is much appreciated and we thank you in advance for your time and attention ❤️

 

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1. CANCELLATIONS, TERMINATIONS AND REFUNDS
      A. If the commission must be cancelled, please contact us as soon as possible. The first 30% placed down is nonrefundable and considered a payment over our time AND design processes.
 
      B. If the commission must be cancelled, please contact us as soon as possible. The first 30% placed down is nonrefundable and considered a payment over our time, the design process and materials. 

      C. If payments still need to be made and there has been a cease in contact after 3 months, the commission will be terminated and there will be no refund. 

      D. Refunds are not immediate and will be made over time, according to each case.

      E. We reserve ourselves the rights to terminate an Artistic Liberty  quote at any time a client is accountable for communication difficulties (client providing repeatedly vague replies, messages taking more than a week delay to be answered by the client, fearmonger behavior, constant disrespectful language, continually delays caused by client side, client requesting multiple design/production changes without payment made, client requesting payment postpone or price revaluation multiple times, etc);

 

1.2 REGULAR COMMISSION: 
      A. If a refund is requested, the rest of the payment made until that point (minus the nonrefundable initial 30%) will be refunded. Fursuit work completed will remain as Alecrim Carmim property (we will make modifications to the client original design and might re-sell the project as a premade to cover the slot costs).

      B. An order might be terminated if at anytime during the commission process the client breach the terms stated in this Terms Of Service. An email will be sent to the commissioner with the termination notice (and a brief explanation of the termination reasons) and the quote sent will be void.  The studio has no claim over the client designs on Regular Commission projects.

      C. In case of termination after the first nonrefundable 30% was placed down, any fursuit production will be kept by the studio and a new concept with a few changes will be made to proceed with a premade design development in order to cover for our costs in material, time and production. The studio has no claim over the client designs on Regular Commission projects.

 

1.2 ARTISTIC LIBERTY:
      A. If a refund is requested, the rest of the payment made until that point (minus the nonrefundable initial 30%) will be refunded. Design and/or fursuit work completed will remain as Alecrim Carmim property (we might make modifications to the design and re-sell as a premade piece to cover the slot costs).
 
      B. An order might be terminated if at anytime during the commission process the client breach the terms stated in this Terms Of Service. An email will be sent to the commissioner with the termination notice (and a brief explanation of the termination reasons) and the quote sent will be void. 

      C. In case of termination after the first nonrefundable 30% was placed down any designs and fursuit production will be kept by the studio and a new concept with a few changes will be made to proceed with a premade design development in order to cover for our costs in material, time and production.

      D. We reserve ourselves the rights to terminate an Artistic Liberty  quote at any time a client uses/shares/distributes/claims the unpaid design created by the studio without our permission during the quote process and commission production. 

      E. In case of termination after the first nonrefundable 30% was placed down, any designs created and/or fursuit production will be kept by the studio and a new concept with a few changes will be made to proceed with a premade design development in order to cover for our costs in material, time and production.

      F. If the client don't go through with the commission quote, the commission is cancelled and/or the commission is terminated, the design created for the Artistic Liberty project will be kept in our premade library and might be made in premade future designs.

 

2. BLACKLIST
      A. We do have a blacklist and clients that fail to follow the terms in this TOS will get their projects terminated, will be blacklisted permanently and won’t be able to send us future quotes for evaluation or purchase premade designs directly from us. 

 

[Alex Wright]

51 minutes ago, alecrimcarmim said:

1. CANCELLATIONS, TERMINATIONS AND REFUNDS
      A. If the commission must be cancelled, please contact us as soon as possible. The first 30% placed down is nonrefundable and considered a payment over our time AND design processes.
 
      B. If the commission must be cancelled, please contact us as soon as possible. The first 30% placed down is nonrefundable and considered a payment over our time, the design process and materials. 

This is repeated twice, unless that was intentional?

51 minutes ago, alecrimcarmim said:

 C. If payments still need to be made and there has been a cease in contact after 3 months, the commission will be terminated and there will be no refund. 

"C. If payments are still due on a commission, and there has been no contact with the client within 3 months, the commission will be considered terminated without refund." Would probably sound better.

52 minutes ago, alecrimcarmim said:

D. Refunds are not immediate and will be made over time, according to each case.

"D. Refunds will be returned in monthly payments, dependent on the amount of the refund, and is on a case-by-case basis."

53 minutes ago, alecrimcarmim said:

E. We reserve ourselves the rights to terminate an Artistic Liberty  quote at any time a client is accountable for communication difficulties (client providing repeatedly vague replies, messages taking more than a week delay to be answered by the client, fearmonger behavior, constant disrespectful language, continually delays caused by client side, client requesting multiple design/production changes without payment made, client requesting payment postpone or price revaluation multiple times, etc);

"E. We reserve the right to terminate an Artistic Liberty quote at any time.

F. Clients are responsible for their end of the communication. Clients who repeatedly provide vague responses, response delays longer than a week, disrespectful behavior, multiple design and/or production changes without payment, and/or clients who request multiple price revisions or postponements may find their Artistic Liberty quotes terminated with or without notice."

 

Splitting these into two separate categories seems like the better (and clearer) way to do it. This way you always have the right to terminate a quote at any time, with or without warning, and give people reasons or not.

59 minutes ago, alecrimcarmim said:

1.2 REGULAR COMMISSION: 
      A. If a refund is requested, the rest of the payment made until that point (minus the nonrefundable initial 30%) will be refunded. Fursuit work completed will remain as Alecrim Carmim property (we will make modifications to the client original design and might re-sell the project as a premade to cover the slot costs).

The 1.2 here should be 1.1.

"A. Please note that the initial 30% of payments are non-refundable. If a refund is requested, payments made above that will be refunded. Fursuit work completed will remain as Alecrim Carmim property. Usually this means that we will make modifications to the original design and re-sell the project as a premade."

1 hour ago, alecrimcarmim said:

 B. An order might be terminated if at anytime during the commission process the client breach the terms stated in this Terms Of Service. An email will be sent to the commissioner with the termination notice (and a brief explanation of the termination reasons) and the quote sent will be void.  The studio has no claim over the client designs on Regular Commission projects.

"B. An order may be terminated at any time due to breach of terms by the client. An email will be sent to the client with the termination notice and reasons, and any quotes made to the client will be voided. The studio has no claims over client designs on Regular Commission projects."

 

1 hour ago, alecrimcarmim said:

C. In case of termination after the first nonrefundable 30% was placed down, any fursuit production will be kept by the studio and a new concept with a few changes will be made to proceed with a premade design development in order to cover for our costs in material, time and production. The studio has no claim over the client designs on Regular Commission projects.

This really just repeats A and B, and can likely be removed.

 

1 hour ago, alecrimcarmim said:

1.2 ARTISTIC LIBERTY:
      A. If a refund is requested, the rest of the payment made until that point (minus the nonrefundable initial 30%) will be refunded. Design and/or fursuit work completed will remain as Alecrim Carmim property (we might make modifications to the design and re-sell as a premade piece to cover the slot costs).

If this policy is the same for both types, may want to move it up under the general policy as point G.

 

1 hour ago, alecrimcarmim said:

B. An order might be terminated if at anytime during the commission process the client breach the terms stated in this Terms Of Service. An email will be sent to the commissioner with the termination notice (and a brief explanation of the termination reasons) and the quote sent will be void. 

Same for this.

 

1 hour ago, alecrimcarmim said:

 C. In case of termination after the first nonrefundable 30% was placed down any designs and fursuit production will be kept by the studio and a new concept with a few changes will be made to proceed with a premade design development in order to cover for our costs in material, time and production.

And this repeats A and B again.

 

1 hour ago, alecrimcarmim said:

D. We reserve ourselves the rights to terminate an Artistic Liberty  quote at any time a client uses/shares/distributes/claims the unpaid design created by the studio without our permission during the quote process and commission production. 

"We reserve the right to terminate an Artistic Liberty quote due to non-payment. Unpaid designs will remain the property of Alecrim Carmim. Any attempts to use, share, distribute, or claim the design before payment will result in a client Beware."

 

1 hour ago, alecrimcarmim said:

E. In case of termination after the first nonrefundable 30% was placed down, any designs created and/or fursuit production will be kept by the studio and a new concept with a few changes will be made to proceed with a premade design development in order to cover for our costs in material, time and production.

Another repeat.

 

1 hour ago, alecrimcarmim said:

F. If the client don't go through with the commission quote, the commission is cancelled and/or the commission is terminated, the design created for the Artistic Liberty project will be kept in our premade library and might be made in premade future designs.

"If the client wishes to withdraw from the quote, the commission shall be considered canceled and/or terminated. Any designs produced will remain the property of Alecrim Carmim, and kept in our premade library or used for a future premade design."

 

1 hour ago, alecrimcarmim said:

2. BLACKLIST
      A. We do have a blacklist and clients that fail to follow the terms in this TOS will get their projects terminated, will be blacklisted permanently and won’t be able to send us future quotes for evaluation or purchase premade designs directly from us. 

"A. We reserve the rights to blacklist clients that fail to adhere to these Terms of Service. Clients on the black list will be unable to receive quotes for evaluation or purchase premade designs that we may release in the future."

 

I'm on mobile at the moment, but when I get home later this evening, I can help with anything else, or provide more suggestions.

[alecrimcarmim]

1 hour ago, Alex Wright said:

-snip-

Thank you so much for taking your time helping us, @Alex Wright, it was super appreciated! We already added your corrections to that part of out TOS document, we just kept some parts since small details were described that change some parts of the terms in a way that may cause confusion. Since on artistic liberty we can keep the design but in regular commissions we can't (since it's the client's property), we decided it was better to leave that part on our TOS. if you think there's a better way to separate this part or even make a single text for both commission types, we're all ears ❤️
  

The text with the corrections so far:

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1. CANCELLATIONS, TERMINATIONS AND REFUNDS
A. If the commission must be cancelled, please contact us as soon as possible. The first 30% placed down is nonrefundable and considered a payment over our time, the design process and materials. 

B. If payments are still due on a commission, and there has been no contact with the client within 3 months, the commission will be considered terminated without refund. 

C. Refunds will be returned in monthly payments, dependent on the amount of the refund, and is on a case-by-case basis.

D. We reserve the right to terminate an Artistic Liberty quote at any time.

E. Clients are responsible for their end of the communication. Clients who repeatedly provide vague responses, response delays longer than a week, disrespectful behavior, multiple design and/or production changes without payment, and/or clients who request multiple price revisions or postponements may find their Artistic Liberty quotes terminated with or without notice.

1.1 REGULAR COMMISSION: 
A. Please note that the initial 30% of payments are non-refundable. If a refund is requested, payments made above that will be refunded. Fursuit work completed will remain as Alecrim Carmim property. Usually this means that we will make modifications to the original design and re-sell the project as a premade. The studio has no claims over client designs on Regular Commission projects.

B. An order may be terminated at any time due to breach of terms by the client. An email will be sent to the client with the termination notice and reasons, and any quotes made to the client will be voided. The studio has no claims over client designs on Regular Commission projects.

1.2 ARTISTIC LIBERTY:
A. Please note that the initial 30% of payments are non-refundable. If a refund is requested, payments made above that will be refunded. Designs made and fursuit work completed will remain as Alecrim Carmim property. Usually this means that we will make modifications to the original design and re-sell the project as a premade.
 
B. An order may be terminated at any time due to breach of terms by the client. An email will be sent to the client with the termination notice and reasons, and any quotes made to the client will be voided. 

C. We reserve the right to terminate an Artistic Liberty quote due to non-payment. Unpaid designs will remain the property of Alecrim Carmim. Any attempts to use, share, distribute, or claim the design before payment will result in a client Beware. 

D. If the client wishes to withdraw from the quote, the commission shall be considered canceled and/or terminated. Any designs produced will remain the property of Alecrim Carmim, and kept in our premade library or used for a future premade design.

2. BLACKLIST
We reserve the rights to blacklist clients that fail to adhere to these Terms of Service. Clients on the black list will be unable to receive quotes for evaluation or purchase premade designs that we may release in the future.