TERMS AND CONDITIONS
TERMS AND CONDITIONS
Before work begins, client agrees to pay the following schedule:
-
Deposit 50$ non refundable for booking date.
-
Upon approval of final product, client agrees to pay the remaining sum and any additional fees before receiving any final work.
Failure to fulfill these terms may result in GRAPHICSOULART retaining all rights, licenses, drafts, and concepts until full payment is received. No rights are transferred until the project is paid in full.
​
CANCELLATIONS
Upon notice of wishing to terminate this contract, client will understand that upon specified date client work will begin. Any notice of cancellation post-agreement of date will negate the given deposit. This is to cover resources and time taken during the project up to the point of cancellation.
1. The client will have no rights to any mockups sent to the client and agrees to destroy them.
2. Any tracked changes or work unfinished will not be implemented.
3. Pre-made overs will be paid for in total upfront, with revisions as specified below.
4. Cancellation or abandonment of a project does not constitute transfer of ownership or usage rights of any design concepts.
​
PROJECT ABANDONMENT / NON-RESPONSE
In the event that the client becomes unresponsive for a period of 30 days or more after work has commenced, the project will be considered abandoned or paused.
If no response is received after written follow-up attempts, GRAPHICSOULART reserves the right to close the project. Any deposits paid remain non-refundable.
All concepts, drafts, and unused designs remain the intellectual property of GRAPHICSOULART until full payment is received. Upon project closure due to abandonment or cancellation, GRAPHICSOULART retains the right to reuse, modify, or release the design as a premade cover, including with revised title, author name, and details.
If the client wishes to prevent the concept from being released into the premade collection, a non-refundable exclusivity/kill fee of $100 will apply. Upon payment of this fee, the unused concept will be archived and will not be resold or reused.
​
REFUNDS
Client understands that refunds are only given before start of the work project as noted. There are no refunds for pre-made covers, though each one upon being bought will be considered exclusive towards each client. Modifications, however, can ensue that change the color palettes, models, or other elements to make a difference discernible in terms of what GRAPHICSULART constitutes as such.
​
REVISIONS
Any requests which do not meet industry standards, genre-appropriate design, or any offensive or explicit ideas which violate terms of service will not be allowed.
Unlimited revisions refer to adjustments and refinements made within the agreed concept and using existing project resources, including layout, composition, color balance, lighting, typography, and replacement or refinement of stock images where applicable.
Unlimited revisions do not include the purchase, creation, or licensing of additional 3D assets, character models, outfits, props, or other premium resources not already owned or included at the start of the project.
Any request requiring new 3D assets, custom elements, or third-party licensed resources outside the original scope may incur an additional fee. Such costs will always be communicated and approved in advance before proceeding.
​
CREATION ACKNOWLEDGES
Client agrees in all forms to add the following to formats in any form of ebook, print copy, audiobook, or future forms of creative content to acknowledge GRAPHICSOULART of their work with full writing or hyperlinks therein:
1. Physical Copies: Cover Design by GRAPHICSOULART – graphicsoulart.com
2. Digital Copies: Cover Design by GRAPHICSOULART
​
LICENSES
All rights and permissions are obtained and held by GRAPHICSOULART regarding trademarks, licenses, and distribution of the materials. Client agrees to indemnify, hold harmless and defend GRAPHICSOULART and its employees from any and all copyright and permission infringement action resulting from materials client provides. Exclusive license rights to the works done and needed are given to client after full payment is processed and received by GRAPHICSOULART.
​
IMAGES FOR DESIGN
All images licensed by a third-party are for materials of up to 500,000 copies in digital or print – for an extended license, please check beforehand if needed and an additional fee will apply for an extended and or enhanced license. GRAPHICSOULART retains the right to use client’s final book cover design, name, and book title in GRAPHICSOULART portfolio and to market and promote our services. GRAPHICSOULART retains copyright and ownership of all design and draft materials.
Client must legally own any provided images or have rights to them, and takes full responsibility for any actions or claims against images. No responsibility or action is provided by GRAPHICSOULART. GRAPHICSOULART does not create custom illustrations beyond those under mass distribution within licensing in terms of extensive digital art painting. If wanted, consult a digital artist by your own choosing before approval to allow GRAPHICSOULART to vet the image and see if it is an acceptable piece of design for the work herein.
​
PROOFING
Client must test and try proofing of printing. At no time will GRAPHICSOULART be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the book cover design. GRAPHICSOULART is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of revenues or profits, loss of business or reputation, or loss of data, in any way related to our services. GRAPHICSOULART is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on our site or in our clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.
​
COMPLETE AGREEMENT
This agreement is the entire agreement of all parties. No additional promises or conditions, written or oral, apply to this agreement that are not included herein. Any emails or correspondence will be required to have additional agreements in terms of written or e-signature documents upon each change that are needed.
​
SEVERABILITY
The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.
