Zaukodar

If they set a deadline for a week or less after being commissioned and miss that deadline by two months there is something seriously wrong as it is, especially when they go on to change names and not respond. Send another message asking for their new contact (since they opened that door) and to commit to one more deadline, whether they produce the art or a refund. If they don't deliver or respond by that deadline your next option is disputing the transaction.

If the artist didn't put any notice of their ToS in their commission opening, communication with you, or their invoice then the biggest red flag is that this artist is not communicating very well (if at all) and it isn't necessarily the ToS that's the problem. Likewise, if they didn't include some notice of a ToS in the aforementioned things (or somewhere public) then they'll have a hard time using it to pin it to you. As for the ToS itself... Four Weeks: they're either stalling or kiting, which is a gigantic red flag, and is ultimately not enforceable per PayPal and the credit card brands. 10% Processing Fee: If this were part of the partial refund it might make more sense, but is ultimately not enforceable per PayPal and the credit card brands. If the artist can verify they completed part of the work and are offering a proportional amount for the refund itself (that 10% thing notwithstanding) then it's fair, but may ultimately not be enforceable per PayPal and the credit card brands. If the lack of a time frame is solely due to medical issues that makes sense, since artists are people with limitations, but under these specific circumstances the lack of communication makes it dubious. The lack of a public queue is weird, but not a red flag per se--more of a yellow card. The ultimate issue is a lack of communication, which makes it all the more dubious. The rush fees actually aren't weird in this case: the artist has to agree to it and they have to decide how much is fair to them (based on any number of factors). As Celestina said: if it's not being used as a "get out of limbo" card then it's fine, otherwise it's sketchy. Posting protocol is the artist's prerogative since they own the copyright of the work, unless you pay for exclusive rights in which case be prepared to pay for them. Blacklists are the artist's prerogative for any and every reason under the sun. Again, the big issue is communication issues with the artist. If they did not put their ToS in a public place where anyone could see it prior to approaching them, if they did not communicate it prior to agreeing to the project, and if they did not cite it on their invoice prior to receiving payment then the ToS likely cannot be enforced--card issuers do not take kindly to bait-and-switch. Without knowing who the artist is or what the project was, if you're worried nothing is going to be done before the PayPal window ends just notify them that they can offer a fair refund by XXX date (I'd suggest a week prior to the window ending) or you can submit a dispute. Bear in mind you will probably be blacklisted the moment you do, but it seems like you've got a strong case.