Advice Needed- Artist Posting But Not Answering Notes

[omegalul]

Hello ! I'm in a bit of a situation w someone I commissioned a few months ago n I'm not sure how to proceed

In late December I commissioned this artist for an interactive text game for US$165 and was told that I would get an update on it around mid January. In late January however the artist claimed that they experienced a severe mental drawback that had made it difficult for them to do "the simplest of things", including replying to people. Since then, however, they have been posting several personal works, one of which is an interactive text game posted in late February. I sent them a note on FA about a week ago asking for an update on my commission, even offering to lessen their workload in exchange for a partial refund, but even though it has been read I have yet to get a response. Three personal works including the game had been posted ever since I sent that note.

Am I right to be concerned? How should I proceed? It has been more than two months since I commissioned this person, and they have not given me any sort of WIP. I should also mention that their TOS has a "no refund" rule, and while I do know that it's technically not enforceable I'm usually very understanding of these things and I don't want to be a nightmare customer.

Advice much appreciated, thank you !

Edited March 5, 2022 by omegalul

[baja]

If you paid with Paypal through goods and services, you have a 180 day window from the day you paid. Within this window you have a fair bit of time to decide what the best option for you is.

With that said, did their TOS mention anything about a turnaround time? Or what to expect for delivery of the project you requested from them?

You are not a 'nightmare' customer for expecting your product, but if they are not communicating with you, it isn't easing your concerns about the project. You've said it yourself it's only been about two months since they made it known that they had some sort of personal matter that's impeded their workflow. I'm not going to judge them for putting out personal work, an artist is within their rights to do personal projects in between commissions, that isn't an immediate red flag.

Give them a another week or so to sort themselves out. You, and only you will need to come to the decision of going for a chargeback if they refuse to refund you or produce the product in a timely manner. But these are options you should pursue after sending them an ultimatum with a hard deadline.

[omegalul]

 

8 hours ago, rikki said:

With that said, did their TOS mention anything about a turnaround time? Or what to expect for delivery of the project you requested from them?

...

You've said it yourself it's only been about two months since they made it known that they had some sort of personal matter that's impeded their workflow. I'm not going to judge them for putting out personal work, an artist is within their rights to do personal projects in between commissions, that isn't an immediate red flag.

 

They don't mention turnaround times in their TOS but I've commissioned this person twice before. Typically they've been able to deliver pieces in under a month. Obviously I don't expect it to be done as quickly considering their situation n I very much encourage them to pursue personal work to clear their mind, but what has me worried is being left on read. I would have appreciated some kind of acknowledgement, even if it was to say that they had nothing for me, but maybe I'm wrong to expect this.

8 hours ago, rikki said:

Give them a another week or so to sort themselves out. You, and only you will need to come to the decision of going for a chargeback if they refuse to refund you or produce the product in a timely manner. But these are options you should pursue after sending them an ultimatum with a hard deadline.

This might be my best course of action. If I don't get any updates by the end of this week I'll send another nudge, and I will set an ultimatum if I can't get it through that way. I honestly don't expect to see the com done anytime soon as it is a hefty project at 3k words + coding, but I don't want to get too aggressive too quickly.

Thank you!

Edited March 6, 2022 by omegalul
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[omegalul]

Update: the artist replied ! They said that they would look over what they had so far n think of alternatives to approaching the project n that a partial refund may be considered. Hoping that this ends well for the both of us