TERMS & CONDITIONS
Please read this.
It is important.
It is important because after you read it you know what you are paying for, why you are paying it, and when. You also know exactly what I am going to make for you, when I am going to make it, and what I need from you to get it done. This process is built on trust, and trust works best when everyone knows what to expect.
First the legal stuff you should know:
By using our Site and/or Service, you are agreeing to the following Terms of Service, our Privacy Policy. You should not use our Site or Service if you do not agree with the terms and conditions contained in these Agreements.
USE OF THE SITE AND SERVICE
To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service.
LAWFUL PURPOSES
You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
ACCOUNT CREATION
In order to use the Site and/or Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any account information you provide on the Site or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and/or Service, violate any laws.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Site and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.
NOW, SOME SPECIFICS:
My time is valuable. Your time is valuable. I design really beautiful things for you, and you pay me.
Please note: We will generally make changes within one or two days after you request them. Which means that If we send you a proof, and then you wait a month to send input; we will probably not drop everything and get back to you within the hour. We MIGHT, if we are feeling very nice, or are bored, or the changes are really easy… Chances are though, that we are busy and it will take a normal amount of time, which is one or two days.
Everyone is responsible for their own stuff
Please check your proofs carefully, final approvals are as is. We definitely recommend that you order a press proof copy of your book before making a larger order. At no time will Katielizabeth Design be held financially or legally responsible for any problems, costs, fees or expenses that may arise from the use of your cover, website, or marketing materials.
Once final payment has been received, Katielizabeth Design regards this as final approval of the overall design, and the contract to be fulfilled. Any additional changes may require additional payments.
Either the client or Katielizabeth Design may cancel a project before the start date by providing written notice to the other, and will be under no further obligation to the other party.
If, after the initial deposit has been paid, and work has started on the design, the client chooses to end the project, they agree to forfeit the deposit already paid. This is to cover the costs and time that we have already spent. If we end the project, we will refund the deposit already paid.
Confidentiality
All the information that clients share with us is considered confidential, and will only be used by Katielizabeth Design Services to provide a quote or complete your design projects.
We will not share this information with any third party, unless requested to do so by our client.
And some important information about Liability:
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
THIRD PARTY WEBSITE AND RESOURCES (if applicable)
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
AFFILIATE LINKS (if applicable)
From time to time, Company may include affiliate links on its Site and/or Service. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
