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Customer Doesnt speak English (Currently active comm + TOS issue)


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My TOS states you much be fluent enough in English to read and understand my TOS, buyer says the read it and understood it, but theyve been extremely rude, excessive communication errors and stuff. I canceled the commission and attempted to fully refund the customer half way through because of their attitude.
Theyve insisted it was an accident. They are apologizing and have asked me to continue under my control*

I had issues in the past and had to make sure there was a rule to communicate, but it clearly doesnt work in a situation where they know enough English to read my terms, and tell me they did so, and reference it, but they clearly dont understand as they kept asking me to mimic their chibi art style. (My TOS states I will not draw in other artists/official art styles)
Ive been told I cant write 'english speaking customers only' because its racist, no matter what wording I use. I have also been told my 'fluent enough to understand my TOS' is also considered racist.

My questions are;

How can I protect myself in these types of situations? Is there a way I can reword my rule to not be offensive/racist?
How can I blacklist this buyer without coming off rude? (whether I refund them or not, I do not want to work with them again) If it was an accident, its not their fault, but these comments were extremely rude.

(* I am unsure if I am allowed to post the comments/situation info due to 'identifying info')

EDIT; I forgot to include the actual TOS line.
"You the commissioner must be fluent in English to the degree that you can understand my terms of service as the provisions listed are binding and necessary to the transaction process."

Edited by theodor
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I, personally, see nothing wrong with refusing a commission with someone who isn't fluent in English. It can be stressful and when things go sour, they go really sour due to this difficult communication. You're a freelancer, you are free to refuse any work you don't want to do. If this commission is causing you stress, you are at full right to say "I no longer want to do this commission, here is your money back. Good day."

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Race was not involved, only the ability to communicate in english.

When people are being unreasonable you stop trying to reason with them, just say no and tell them why, whether they like it or not is their issue, not yours.

If anything, make a short statement of how what you sell is not a production line object, it's something specially made for and after the specifications of the client... communication needs to be solid enough for it to work.

That'd be my suggestion ;D

Edited by Leongon
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Take language fluency out of the equation and make it about a general difficulty in communication hindering the process.

If you cannot properly communicate with a client, be it due to a language barrier or their refusal to adhere to your terms, then you reserve the right to cancel the commission and refund accordingly.

Rewording it can distance yourself from the misinterpretation of it being a race-related matter, of which it is not, but as someone who is ESL, I can see how it might be interpreted that way.

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8 hours ago, rikki said:

Take language fluency out of the equation and make it about a general difficulty in communication hindering the process.

If you cannot properly communicate with a client, be it due to a language barrier or their refusal to adhere to your terms, then you reserve the right to cancel the commission and refund accordingly.

Rewording it can distance yourself from the misinterpretation of it being a race-related matter, of which it is not, but as someone who is ESL, I can see how it might be interpreted that way.

The buyer didnt say it was racist, its other people commenting on it! Sorry it wasnt clear.
 

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9 hours ago, theodor said:

The buyer didnt say it was racist, its other people commenting on it! Sorry it wasnt clear.
 

I never said that the customer did, this is a general response to prevent the greater audience at large from misinterpreting the policy as you have it presently written.

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