Terms of Service & Contracts
As an artist, your Terms of Service (TOS) is your most important shield. It sets expectations, defines the scope of work, and protects you in the event of a dispute or a chargeback.
Why You Need a TOS
Without a written agreement, a "dispute" becomes your word against the client's. Payment providers like Stripe or PayPal almost always side with the client unless you can provide a signed contract or a clearly displayed TOS that the client agreed to.
🛡️ The "Agreement" Checkbox
On ArtComms, every commission request requires the client to check a box stating they have read and agreed to your Terms of Service. This is a legally binding action that we log for your protection.
Essential Clauses for Every Artist
1. Scope of Work & Revisions
Clearly state what the client is paying for. How many characters? Is there a background? How many "major" revisions are included before you start charging extra?
2. Payment Schedule
Define when payments are due. Do you require 100% upfront? 50/50? Are there milestones? Be explicit about your refund policy at different stages of the project.
3. Usage Rights & Copyright
This is the most common point of confusion. Do you retain the copyright? Is the client allowed to use the art for commercial purposes (merchandise, advertising)?
- Personal Use: Client can post on social media with credit, use as an avatar, etc.
- Commercial Use: Requires an additional fee and a specific license.
⚠️ The "Commercial" Hidden Cost
Never assume a client knows they can't sell t-shirts with your art. Always state: "Commercial use is strictly prohibited unless a commercial license is purchased separately."
How to Write Your TOS
You don't need a law degree to write a solid TOS. Use clear, plain language. Avoid "legalese" that might confuse you or the client.
"If you want to change the pose after I have finished the lineart, there will be a $20 revision fee."
That simple sentence is a contract clause. It's clear, fair, and enforceable.
Updating Your Terms
Your TOS should be a living document. Every time you have a "bad experience" with a client, ask yourself: "Could I have prevented this with a clause in my TOS?" If the answer is yes, update it immediately.