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Terms of Service

Section 1.1: General Information

- By requesting a commission and/or making a purchase through the shop, you agree to the Terms of Service listed below.- For the purposes of this agreement, the following terminology is defined:
       • Uses of first person pronouns (‘I’, ‘my’, ‘we’, etc.) refer to the site owner, T.C. Smith Art & Publishing, and affiliated parties where relevant.
       • Uses of second person pronouns (‘you’, ‘your’, etc.), as well as ‘client’ and ‘user’, refer to the customer or relevant party purchasing an item or service from this site or the shop.
       • 'Site’ refers to this website (tcsmithauthor.com).
       • ‘Shop’ refers to the T.C. Smith Art & Publishing external shop (https://payhip.com/chiefwritesbook).
       • ‘Commission’ and ‘service’ refer to the provided service of creating a custom-made artwork or book cover.
       • ‘Work’ and ‘commissioned work’ refer to the digital product from a commission.
       • ‘Art’ and ‘artwork’ refer to any visual image created by T.C. Smith through a physical or digital medium. This includes small icons, emotes, and book covers.
       • ‘Emote’ refers to any artwork intended to be used as an emoji, emoticon, or similar visual communication medium.
       • ‘Icon’ refers to any high-resolution logo or decorative artwork that does not feature a detailed background.
       • ‘Item’ and ‘merch’ refer to physical and digital merchandise sold on the shop, excluding books.
       • ‘Book’ refers to any books available on the shop for purchase or previewing.
       • ‘Digital download’ refers to any digitally available items sold in the shop.- Please ensure you remain polite and respectful with all communications. Harassment and abuse will not be tolerated. Such behaviour may result in order or service cancellation.

Section 1.2: Shop Promotions

- Promotions are only available while stocks last.- Promotion codes are only valid for full-price items. Only one code may be used per purchase. To redeem the offer, please enter the code at checkout.- Items on promotion are listed at the marked price and cannot be discounted further.- Store-wide sales exclude shipping costs and items already on promotion. Not valid in conjunction with any other discount or promotional offer unless specified.

Section 1.3: Pre-Orders

- Listed availability dates for pre-orders are an estimate only. Print book pre-orders are processed through a third party, which handles printing and shipping. I cannot be held responsible for delay in delivery due to unforeseen circumstances.- Please allow a further 10 business days from the estimated delivery date and standard shipping timeframe.- Pre-orders are not included in any promotions.

Section 1.4: Shipping

- Shipping times and pricing will vary depending on the contents and delivery address of each order. Please allow at least 10 days for domestic shipping to Australia, or 30 days for international shipping, as well as 2-3 days for processing physical merch other than print books.- Orders for print books are processed through a third party. Please do not be alarmed if your print book and other items arrive separately.- I cannot be held responsible for shipping delays due to unforeseen circumstances.

Section 1.5: Refunds

- Refunds for physical merch can be processed within 60 days of purchase if you submit a form or email [email protected] with your order reference. In requesting a refund, you agree to pay any shipping costs associated with returning the item. Items must be returned undamaged or you may be liable for the full price of the item. Alternatively, you may go through the customer support line on the shop directly and follow the necessary instructions to obtain your refund.- If you receive a damaged item, please contact us through the contact form or email [email protected] with your order reference and proof of damage within 30 days for domestic orders or 60 days for international orders so we can organise a replacement item or refund. Alternatively, you may go through the customer support line on the shop directly and follow the necessary instructions to obtain your replacement item or refund.- Refunds will only be processed once I receive the item from you.- Refunds for commissions can be processed before I begin work. Refunds will not be accepted once work has started. You will be informed when work begins.- Change-of-mind refunds cannot be accepted for print books or digital downloads.

Section 2.1: Commissioned Work

- Commissions are to be Safe For Work only.- Please send clear references, the more the better. 3-10 references are recommended. I will not accept more than 20 references due to the number of files I have to process.- For covers: if you have acquired images or art for me to include, please ensure you have commercial rights to use such images. I cannot be held responsible for copyright infringement due to client-supplied images.- If you wish for the final work to be a specific size, please specify before work begins. Resizing after work has started will incur an additional 10% of the commission price as adjustments to existing work will need to be made to accommodate the resized canvas.- 50% payment is required upfront for all commissions except rush orders. The remaining 50% is required after the sketch phase.- All payment is required upfront for rush orders.- Revision policy varies in each phase of the commission process:
       • Revisions can be made free of charge in the sketch phase, but full redraws or redesigns will incur an additional 10% of the commission price.
       • Lineart revisions will incur an additional 10% of the commission fee for each adjustment.
       • Colour corrections in the flat colour phase are free. All other revisions will incur an additional 10% of the commission price.
       • All adjustments after the flat colour phase will incur an additional 10% of the commission fee for each adjustment.
       • Minor adjustments for covers are free. Major adjustments incur an additional 10% of the commission fee per adjustment. A ‘major’ adjustment is decided at my discretion.- Updates for art commissions will come after each stage of the work process (sketch, lineart, flat colour, shading) and after any adjustments are made. Updates for cover commissions will vary depending on the complexity of the design and amount of hand-drawn art requested for cover commissions. If you have any questions or concerns at any stage or would like additional updates, please contact [email protected].- If you have commissioned a rush order, please ensure your communication line is active so you can send prompt adjustment requests. I cannot be held responsible for delays to a rush order because of communication failure on the client's end.- I will not under any circumstances accept commissions for the purpose of reselling as NFTs. You may not sell any of my art as an NFT.- You may not under any circumstances use my art for training of generative AI software, model, or affiliated programs, or for any modification in such software.- Nightshade is a software designed to protect artwork against AI scraping and poisons any generative AI data models it enters. Your commission will not be processed through this software by default as the process can modify certain textures in the artwork. If you would like a processed version of the final work, please let me know.- I reserve the right to refuse a commission for any reason.

Section 2.2: Commercial Licensing

- All art commissions include a basic commercial license, which grants you the right to use my artwork for commercial purposes up to a turnover of $100,000 AUD.- If your business has a turnover of over $100,000 AUD and would like a commercial license for corporate use, please let me know before making any payment. If you would like to upgrade to a corporate commercial license at any point, please let me know as soon as possible so I can send an additional invoice.- Commercial licenses do not grant you the right to claim the work as your own.

Section 2.3: Formatting & Printing

- All art and e-book cover commissions are formatted at 72DPI for digital use and exported as .png files. Print covers will be formatted at 300-350DPI for best print quality. If you wish for your commission to be a different resolution and/or format, please specify before the commission is completed.- Image resolution does not upscale well. If you would like the work to be a higher resolution than the resolution specified above, please let me know before I begin the commission to ensure the best image quality.- I cannot be held responsible for any errors that may arise from formatting & printing on third party platforms or services. Resolution upscaling or resizing after a commission has been completed will incur an additional 10% of the commission price. This is due to the touch-ups needed to maintain image quality at higher resolutions.

Section 2.4: Emotes & Icons

- Emotes are not guaranteed to be approved for use everywhere. Different live-streaming and social media platforms may have different guidelines on what images are appropriate for uploading as an emote, sticker, or similar visuals.- I cannot take responsibility for the potential rejection of a commissioned emote by any moderation services. Revisions to emotes to fall under platform guidelines will incur an additional 10% of the commission price. Emotes that require a full redesign will incur the full price of the emote as an additional cost.- Icons with transparency are not guaranteed to render correctly across all platforms and services, particularly on platforms that do not support transparent pixels in images. I cannot take responsibility for formatting issues that may arise from these errors.

Section 3.1: Privacy & Data

- Names and emails are collected in the contact form for communication purposes. By submitting a contact form or commission form, you agree to being contacted at the email address you submitted.- Your personal data will only be collected for necessary communication on this site and will never be sold to third parties.- Your payment details are not stored by the shop and all payment methods are secured.