Otterkin Commission Dispute Resolution Policy
Art is a collaborative, interpretative medium. While the vast majority of Otterkin commissions result in extraordinary outcomes, we understand that creative and communication misalignments can occasionally occur.
This policy governs how disputes are handled and how escrowed funds (held via Stripe Connect) are disbursed if a project cannot be completed.
1. Phase One: Informal Resolution & The Correspondence Tab
Before a formal dispute can be raised, the Patron and Artist must attempt to resolve the issue directly within the Otterkin Correspondence tab.
- The "On-Platform" Rule: Otterkin will only review communications, sketches, and agreements that occurred on the Otterkin platform. Any agreements or conversations held via WhatsApp, Instagram, or external email will not be considered in our mediation process.
- Both parties are expected to adhere to the Patron Code of Conduct and maintain professional, constructive communication at all times.
2. Phase Two: Formal Dispute Escalation
If a resolution cannot be reached, either the Patron or the Artist may formally escalate the issue by emailing support@dev.otterkin.art with the subject line "Formal Dispute: [Commission ID]".
- How to find your Commission ID: Your unique ID is displayed on all Otterkin Invoices, found under the Payments & Invoices section of your commission, located within the Atelier.
- Please note: This escalation is separate from the anonymous "Report a Problem" feature. Formal disputes regarding escrowed funds cannot be anonymous.
- Upon receiving a Formal Dispute email, Otterkin will manually freeze the commission status and halt any pending Stripe escrow payouts until the mediation is resolved.
3. Milestone Progression & Creative Alignment
The "First Draft" Step (Pre-Approval)
During this step, the Artist is executing the approved concept and purchasing materials based strictly on the Initial Sketches. (Financial Status: 50% Deposit Secured)
- Patron Deviation & Scope Creep: If a Patron requests fundamental structural changes that contradict the approved Initial Sketches (e.g., asking for a completely new concept or adding significant complex elements), the Artist is not obligated to execute them for free. The Artist may accommodate the request by issuing a Custom Invoice via the Payments & Invoices tab to cover the additional labour and materials.
- Amicable Resolution: If the Patron pays the Custom Invoice, the new scope is officially locked in, and the commission proceeds.
- Dispute Trigger: If the Patron rejects the Custom Invoice but refuses to proceed with the originally approved sketch, mediation will heavily favour the Artist. If the commission must be cancelled as a result, the Patron forfeits their full 50% deposit.
- Artist Deviation: If the Artist's First Draft significantly deviates from the approved Initial Sketches without prior written consent from the Patron in the Correspondence tab, mediation will heavily favour the Patron, resulting in a refund of their deposit.
The "Final Revisions" Step (Post-Approval)
To enter this step, the Patron must formally approve the First Draft, which automatically charges their payment method for the final 50% balance. (Financial Status: 100% Commission Value Secured)
- Patron Deviation & Scope Creep: By approving the First Draft, the Patron has formally locked in the artwork's execution. Any disputes raised during Final Revisions requesting fundamental changes or expressing "buyer's remorse" will be dismissed. If the Patron requests late-stage major alterations, the Artist must quote them via a Custom Invoice. If the Patron refuses the invoice and attempts to abandon the project, they forfeit 100% of the commission value.
- Artist Deviation: If the Artist fails to deliver the agreed-upon final polish, alters the artwork drastically after First Draft approval, or becomes unresponsive, mediation will favour the Patron to ensure they are protected despite having paid in full.
4. The "Ghosting" Clause (Unresponsive Users & Expected Delays)
Timely communication is essential to the commission process, but we recognise that Patrons travel and Artists balance multiple exhibition schedules.
- The Prior Notice Exception: The 14-day unresponsiveness rules below do not apply if the user (Artist or Patron) has provided clear, written notice of their temporary absence or a scheduled delay within the Correspondence tab prior to going offline.
- Unresponsive Patron: If an Artist uploads a sketch or final artwork for approval, and the Patron fails to respond in the Correspondence tab for 14 consecutive days without prior notice, the Artist may contact Support. Otterkin reserves the right to manually mark the milestone as "Approved" or disburse the corresponding escrowed funds to the Artist for the completed work.
- Unresponsive Artist: If an Artist misses a mutually agreed-upon delivery deadline and fails to respond to Patron messages in the Correspondence tab for 14 consecutive days without prior notice, the Patron may contact Support. Otterkin reserves the right to cancel the commission and issue a full refund of the escrowed deposit to the Patron.
5. Escrow Disbursement & Cancellation Rulings
Because Otterkin utilises a staged pay-in and pay-out milestone system via Stripe Connect, rulings on cancelled commissions are tied directly to the project's current step and the funds currently held in escrow.
Cancellation Before or During "Initial Sketches"
The Ruling: If a commission is cancelled during this early ideation phase, the escrowed deposit will be dispersed based on the following three conditions:
- Patron Withdrawal: If the Patron simply changes their mind within one to two sketches and decides they no longer wish to proceed with the commission at all, they will receive a full refund of their 50% deposit.
- Patron Indecision: If the Patron is unable to decide on a creative direction after the Artist has provided up to three initial sketches that are materially different from each other in composition, the Artist will receive 10% of the total commission value to compensate for their time and ideation. The remaining 40% held in escrow will be refunded to the Patron.
- Creative Misalignment: If the commission is cancelled because the Artist is unable to accurately capture the Patron's vision (as outlined in the brief and reference images), the Patron will receive a full refund of their 50% deposit.
Cancellation After "First Draft"
- Financial Status: The Patron has paid 100% of the commission value. 50% of the total commission value has already been disbursed to the Artist.
- The Ruling: At this stage, the Artist has actively executed an approved concept and purchased materials. If the Patron cancels without valid cause (e.g., fundamentally changing the brief or experiencing "buyer's remorse"), they forfeit 75% of the total commission value. The Artist retains the 50% already disbursed, and Otterkin will release an additional 25% from escrow to the Artist. The Patron will receive a 25% refund.
Cancellation During "Final Revisions" or "Artwork Complete"
- Financial Status: The Patron has paid 100% of the commission value. 50% of the total commission value has already been disbursed to the Artist.
- The Ruling: The creative process is locked. If the Patron attempts to cancel at this late stage without valid cause, they forfeit the full amount. The remaining 50% held in escrow will be immediately disbursed to the Artist. No refunds will be issued to the Patron.
Artist Default & Clawbacks
If a commission is cancelled at any stage because the Artist failed to deliver, violated the Terms of Service, or became unresponsive (per the "Ghosting" Clause), the Patron is entitled to a full 100% refund of their commission payments. In such events, Otterkin reserves the right to automatically reverse or claw back any milestone payouts previously disbursed to the Artist's Stripe account.
Zero-Tolerance Violations
If a project is terminated at any step because a user violated the Acceptable Use Policy or the Patron Code of Conduct (e.g., harassment or abusive language), Otterkin reserves the right to rule entirely in favour of the aggrieved party, overriding standard milestone splits.
6. Finality of Rulings & Communication
- Communication & Timeline: Otterkin's mediation team will review the complete Correspondence logs and issue a formal ruling in writing via support@dev.otterkin.art. We aim to provide this final decision within 14 business days of the Formal Dispute being raised and all necessary evidence being submitted.
- Binding Nature: By using the Otterkin platform, both Patrons and Artists agree that Otterkin's mediation team acts as the final arbiter in any commission dispute. All rulings regarding the disbursement of Stripe Connect escrow funds are final, binding, and cannot be appealed.