TERMS AND CONDITIONS

Here are the terms and conditions for my services and entails what you can and cannot do with their orders. Please read the document carefully. Any questions and concerns can be emailed through [ tanyajusay@astoryscanvas.com ].

OVERVIEW

This website is operated by A Story’s Canvas. Throughout the site and in this document, the terms “we”, “us” and “our” refer to A Story’s Canvas. Throughout the site and in this document, and of those in similar vein such as Terms of Use and Privacy Policy, the terms “you”, “their”, “The Client” and “the Client: refer to the user.

A Story’s Canvas offers this website, including all information, tools and services available from this site to you, the user, the Client, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The Client agrees to hold A Story’s Canvas harmless from any and all copyright and permission infringement action resulting from material the client has provided to A Story’s Canvas.

The Client’s given information will be held confidential, only to be used by A Story’s Canvas to complete their order and will not be shared to other third party sites unless stated otherwise. 

The Client understands that the final product can be used by A Story’s Canvas to be publicly posted as a portfolio piece on the main website and social media unless otherwise agreed upon. 

The Client and A Story’s Canvas will both need to sign a contract for custom order(s) that details an overview of what both sides need to complete said order(s). For Premade Covers, the Client understands that by agreeing to the TERMS & CONDITIONS on the Checkout Page, they agree to uphold A Story’s Canvas policies as detailed in this document.

By purchasing a product(s) and or agreeing to our service(s), the client understands and acknowledges, as well as agreeing, their rights for the product(s) and the Terms and Conditions written here that they must adhere to. They also agree that a contract will be written as an agreement and consent between the two parties, the Client and A Story’s Canvas as long as they use our service(s), product(s) and adhere to the rules in this document.

ATTRIBUTION

The Client agrees, and understands, that to use A Story’s Canvas’ services, they must give attribution to the product(s) ordered and used on their project(s) accordingly. Attribution must be clear and legible to see either on the Client’s project like on the copyright page or at the back of a book. 

Credit can be given as such ‘ _____ by A Story’s Canvas’. Some examples are as follows: 

  • Book Cover © A Story’s Canvas
  • Book Cover © www.astoryscanvas.com 
  • Cover Design by www.astoryscanvas.com
  • Cover Design © A Story’s Canvas

Failure to use attribution for said products will result in loss of the Client’s rights to use the product(s) in a published setting which includes, but not limited to, social media postings. Two warnings will be given until action will be taken.

OWNERSHIP RIGHTS

The Client is given exclusive, non-transferable rights to use the products they ordered for commercial/personal purpose of being used as a book cover(s) and for advertising/promotion purposes with any additional add-ons, such as 3D mockups, if requested and have paid in full.

The Client agrees, and understands, that they will not be given the source file nor can they change the art of the product(s) through their own or another artist.

The Client can use cover(s), and any other additional product(s) that the Client has ordered and purchased, for any publishing platform as long as they give credit (see ATTRIBUTION) and have paid in full. 

For changing elements within the cover AFTER delivery, please consult A Story’s Canvas through email.

The Client can request change of text in the product(s) for no extra fee HOWEVER it does not include change of typeface (the font).

  • The Client, depending on their order, has rounds of revisions after delivery included with the final cost. These revisions are limited but allow you to change certain aspects of the cover as long as it’s not a complete overhaul. Otherwise, an additional fee will incur.
  • The Client understands that throughout the drafting process they will be given previews with watermarks that cannot be used for any other purpose than to give feedback. Any draft materials and thumbnails used are for private feedback purposes and cannot be used outside of A Story’s Canvas unless an agreement has been made.

The Client understands the product(s) can be used up to 250,000 in sales, web impressions and views. For more than 250,000 in sales, web impressions and views, please email me and a revised agreement that will incur an extra fee will be talked about.

PAYMENT

A Story’s Canvas currently only accepts payments and is sent through invoices via WooCommerce (Store Only), Stripe and Paypal in CAD (Canadian Currency).

Unless otherwise agreed upon, the client agrees, and understands, that they must pay A Story’s Canvas 50% of the final cost after the draft stage has been finalized to continue onward and that the client will pay the rest after the final product has finished. Once the final product is finished, the client must pay the rest of the cost agreed upon before getting the un-watermarked, full version of the ordered product and any other product(s) ordered. The Client has 10 days once the final invoice has been sent for the payment to be made unless otherwise agreed upon.

The Client understands that work will not continue past the draft stage if the 50% payment has not been paid even if the draft has been agreed upon.

The Client understands that the product(s) ordered must be paid in full otherwise, once the deadline has passed for the final invoice, and no resolution can be made, they hold no ownership to the commissioned product(s) and cover(s) can be resold as Premade Covers for the same price or reused for another order. If the design has a very specific and unique look (such as a custom tattoo and not a generic shape), ASC will remove it accordingly before reselling or reusing. 

If the client fails to pay for the rest of payment, they will not receive any product(s) ordered nor can they order from A Story’s Canvas services (including Premade Covers) until the cost has been paid.

The Client can negotiate another method of payment than the one stated above however does not guarantee an agreement. This does not mean that price is negotiable.

CANCELLATION POLICY

For CUSTOM COVERS: The Client understands that they can only cancel a custom order BEFORE they pay for the first half of the invoice. Otherwise, you acknowledge that there will be no refunds. 

If the Client cancels the order, they will forfeit their rights to any materials A Story’s Canvas has created and provided for them which includes previews, thumbnails, drafts and mockups. However, the Client retains rights to their own work (such as your stories, title and photos given). 

  • If the design has a very specific and unique look (such as a custom shaped tattoo and not a generic shape or look), ASC will remove it accordingly before reselling or reusing. 
  • If the Client has provided their own photos for A Story’s Canvas to use, ASC will remove it accordingly before reselling or reusing.
  • An exception will be made for any provided materials that are public domain and or from free to use, royalty free sites such as Unsplash.
     

For PREMADE ORDERS: Since these covers are AS-IS with some changes available, there are no refunds once the final product is received. The Client acknowledges that the sale is final once purchased.

For ALL COVER ORDERS: The Client understands that they also forfeit any chance of cancellation and refund if they use the cover within the time frame publicly including making posts on social media as advertising or promo. This is essentially using the product. 

In general, A Story’s Canvas does not issue refunds past the draft stages as it is the reflected cost on how much we worked on the product(s). The Client understands that A Story’s Canvas does not issue refunds after the final delivery for both CUSTOM and PREMADE ORDERS has been made and paid for.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either the Client or A Story’s Canvas. 

The Client may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. The Client however must still abide by the Cancelation Policy if the Client decides to cancel their order midway and or after the draft stage. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, A Story’s Canvas may also terminate this agreement at any time with a 10-day notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

LIMITATION OF LIABILITY

A Story’s Canvas does not guarantee, represent or warrant that your use of our service will be uninterrupted and or error-free.

The service and all products and services delivered to the Client through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall A Story’s Canvas be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Client’s use of any of the service or any products procured using the service, or for any other claim related in any way to the Client’s use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

A Story’s Canvas is also not liable nor responsible or held responsible for the Client’s written documents, spoken thoughts and agreements, using our product(s) and service(s). The Client’s thoughts, writing, ideas, information, beliefs and creations are of the Client’s own responsibility.

INDEMNIFICATION

The Client agrees to indemnify, defend and hold harmless A Story’s Canvas harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the Client’s breach of these Terms of Service or the documents they incorporate by reference, or the Client’s violation of any law or the rights of a third-party.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.