Terms & ConditionS
DEPOSITS
A deposit of 50% of the final project cost is due upon scheduling unless a previous agreement has been established between the Client and Ashes and Vellichor. This deposit is nonrefundable unless an event occurs in which Ashes and Vellichor is unable to fulfill the scheduled appointment. The remaining balance will be due before receiving the completed project. Compensation in the form of the balance being paid is still applicable in the event the client determines they will not be using the finalized file. Payment of deposit by the Client acknowledges understanding of Ashes and Vellichor's deposit policy. Ashes and Vellichor withholds the right to waive the deposit prior to work starting, however, the Client will be invoiced for the full balance amount and compensation for the completed work regardless of usage will be required.
Floating Appointments:
If the Client has been scheduled as a Floating Appointment, there will be a timeframe the project should be completed by. As Floating Appointments have no hard deadlines, the Client acknowledges the project may not be completed in time for their usage. In this case the deposit will not be refunded.
CANCELLATION
The Client may cancel the agreed upon project at anytime. Canceling the agreed upon project will not result in a deposit refund or payment refund unless Ashes and Vellichor did not follow the information the client provided. If Ashes and Vellichor can provided proof via screenshots or correspondence that the design they created followed the guidelines set forth by the client the client remains responsibility for the deposit or time spent on the project. If the project has been paid in full in advance, the remainder of the final cost after the deposit will be refunded to the Client. Canceling the agreed upon project, the Client acknowledges Ashes and Vellichor will retain all created material and work.
REVISIONS
Ashes and Vellichor offers two standard revisions for each project. A third revision can be accommodated if time permits. After the third revision, the created project will no longer be revisable. Any remainder balance the Client may have will be due at this time. Following the paid balance, all created work / project will be sent to the Client. Each revision has an expected 72 hour turnaround time not including weekends and holidays. Revisions include minor alterations to color, font, placement, and verbiage.Any revisions including larger elements is considered a complete rework. If this is required the Client acknowledges additional time and fee's may apply to the project.
FUTURE ALTERATIONS REQUEST
Ashes and Vellichor will not store project files for future alterations unless requested by the Client at the time of the project creation. If the Client does not request the project file to be stored, Future Alteration Request will be denied. Stored project files will be eligible for Future Alterations for three months, at which time the Client must contact Ashes and Vellichor for an additional Future Alteration Request. Ashes and Vellichor will not store project files longer than six months and any future request will be denied. The Client acknowledges additional payments will be required to make future alterations to the original project file.
BOOK COVER ATTRIBUTION
Design Credit: Ashes and Vellichor requires cover design credit to be displayed either on the copyright page or on the back of the book cover.
The attribution should appear as:
Cover Design by Ashes and Vellichor OR Cover Design by Ashlee at Ashes and Vellichor
Social Media Mention: Additionally, Ashes and Vellichor requests to be tagged or mentioned in all social media posts or PR company blasts in
the release of the completed book cover.
GRAPHIC AND BOOK TRAILER ATTRIBUTION
Design Credit: Ashes and Vellichor requires design credit to be included in all social media posts or PR company blasts,
with the attribution appearing as:
@AshOB1229 / #AshesandVellichor and @AshesandVellichor on Facebook.
Consequences of Failure to Attribute: Failure to properly attribute Ashes And Vellichor may result in the denial of future project requests.
Request for Non-Attribution: Ashes And Vellichor retains the right to request not to be attributed to any and all final projects, with such requests to be communicated via email.
Book Cover Ownership
The Client is granted exclusive rights to use the final book cover design such as PDF, JPEG, or other publishing-ready formats for their book and/or e-book cover and associated promotional materials.The Client understands that they may not alter the final cover design in any way. If the Client desires any alterations, they will consult Ashes and Vellichor and a revision appointment will be scheduled at the first available date. In the event the client wishes to seek design services via another artist, recreation of any/all conceptional ideas are not approved. The Client acknowledges Ashes and Vellichor maintains all creative rights to the original design including concepts. An original concept includes layout, image placement, color scheme and fonts. The Client may request an exception to this policy in the event of extenuating circumstances. Ashes and Vellichor retains the right to decline this request.
Sharing of Proofs: The Client may not share project proofs outside of themselves and Ashes and Vellichor. Unused proofs may be reworked for future projects. In the event The Client is found to have shared proofs outside of the designated parties, termination of the current project and decline of future projects may occur.
Defamation: The parties agree not to engage in any conduct that may harm the reputation or goodwill of the other party. Neither party shall make any false, misleading, or defamatory statements, whether written or verbal, about the other party, its employees, agents, or representatives. This includes, but is not limited to, statements made in public forums, social media platforms, or any other medium of communication.
Graphic Teasers and Digital Designs Ownership
The Client is granted exclusive rights to use the final graphic teaser/ digital design for their book and/or e-book cover and associated promotional materials. The Client understands that they may not alter the final graphic/digital design in any way without consulting Ashes and Vellichor for a revision appointment. The Client understands that another artist is prohibited to use/feature/alter/or display any design created by Ashes and Vellichor including merch designs, retail designs, illustrations and so forth. It is against the Intellectual Property Rights guidelines to use another artists work without permission in the creation of their new artwork.
Ashes and Vellichor retains the right to:
use work produced for the Client as part of its portfolio materials in both its online and offline portfolios; add your firm to our client list; and use your work in design competitions, publications, exhibitions, or other promotional purposes. Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 30 days of submission to you, will remain Ashes and Vellichor property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.
CLIENT RESPONSIBILITIES:
The Client is fully responsible for proofing the book cover design provided by Ashes and Vellichor. Ashes and Vellichor highly suggest requesting an author proof from the printer/ publisher of choice before official publishing or ordering of print copies. Ashes and Vellichor will not be responsible for financial or legal issues such as cost, fees, or expenses incurred by the client as a result of using the book cover design.
If the Client provides materials subject to intellectual property rights by a third-party, the Client will secure the appropriate rights to use the materials before directing Ashes and Vellichor to incorporate them into their project. Ashes and Vellichor reserves the right to request a copy of the secured right. Should any intellectual property dispute arise involving materials the Client provides, they assume full legal and financial responsibility.
AI USAGE:
Ashes and Vellichor does not use AI imagery. In the event that an image artificially made by AI is mistakenly used within our design, Ashes and Vellichor will rectify the situation promptly. Rectification includes but is not limited to removing the image, reworking the design, and scheduling priority.
PSD Files for Audio and Print Publishers:
Ashes and Vellichor offers PSD files for audio and otherwise in the case of publishers seeking. Audio Production companies and/or Publishers seeking cover files are required to reach out to Ashes and Vellichor via email to obtain permissions and files. PSD files provided by Ashes and Vellichor are for viewing/printing purposes only and may not be manipulated or altered without prior consent.
Ashes and Vellichor is not responsible for contacting the Client prior to the scheduled appointment time. Once the appointment date has been discussed with the Client and confirmed by Ashes and Vellichor, the Client is responsible for maintaining the appointment. The Client acknowledges Ashes and Vellichor is not responsible for missed deadlines or appointments and rescheduling is subject to time available.