Terms of Service

Terms of Service Agreement- Storywrap.ca

Summary: 

We (Storywrap Staff) will always do our best to fulfill your needs and meet your goals. The following Terms of Service will clarify the responsibilities of both parties. Please read the Terms of Service carefully. If you you have completed an order with Storywrap, you consent to the Terms of Service in full by completing a purchase.

Company Information:

You are purchasing a product (the “project”)  from Storywrap (storywrap.ca), located Saskatchewan, Canada. Products/service details are on our website here:  Storywrap or Storywrap Shop 

Storywrap Obligations:

We agree that:

1. We have the ability to perform the services sold to you and will carry them out in full in accordance with these terms of service.
2. We will contact you to schedule your project within 14 business days of receiving your order and will fulfill agreed upon delivery dates and deliver final files in the formats listed in each product description (for any/all products purchased in the project order).
3. We will maintain the confidentiality of any information that you give us.
4. We will provide a copy of the finalized files in ready-to-use format in the time specified, subject to re-scheduling or other unforeseen circumstances.
5. You own text content, photographs and other data you provided, unless someone else owns them.
6. To ensure resources used in the production of the project are licensed for use in the product ordered.

Customer Obligations:

You agree that:

1. As a customer of Storywrap, you have the power and ability to enter into this contract on behalf of your company or organization.
2. Storywrap will not begin work on any project until receiving the deposit or full payment.
3. You will provide all materials and information requested by Storywrap for completion of the project before agreed upon project start date and that you will provide text, images and other information or materials and provide any/all when requested, and in the format requested.
4. Any needed files for the project will be delivered to Storywrap at least five business days before the agreed upon project start date and that not providing materials or information requested before the project start date may result in cancellation of your project, without refund, at the discretion of Storywrap.
5. Alteration of relevant information (including, but not limited to, stock images, title details, trim size for print layouts and character descriptions) after agreed up start date or the project is started will result in cancellation of your project without refund.
6. If you must re-schedule the project, you will inform Storywrap as soon as possible. Re-scheduling requests submitted less than five business days before the start date of the project will result in the deposit/payment not being applied to a new start date.
7. All approvals via the Proof & Revision process received through your personal proof/revision links are final. You may request changes after final approval is given for an additional fee.
8. You agree to review our work, submitted to you in proofs at the website links provided to you in project emails and to provide feedback/approval by dates in indicated in emails or proofs and that proofs will be removed after approval or on the day after feedback/approval is due. If feedback/approval is not received, we will need to re-schedule your project, subject to a rescheduling fee.
9. If you do not provide feedback/approval or the project is not rescheduled within 60 days, the contract will considered terminated. The project will be cancelled without refund and without the transfer of any files created for the project . All files and resources may be deleted or used for another project, at the discretion of Storywrap.
10. Safe and secure storage of final files delivered to you are your sole responsibility. Storywrap has no obligation to store them for any length of time or in any form.
11. Finalized files consist of ready-to-use final files. Original layered files are NOT included as part of the final product of any product sold by Storywrap. We will not provide any native source files, or unflattened files used in making the finalized files for editing or alteration by you or any third-party as part of the final files.
12. You will inform Storywrap in your first order correspondence if you need an editable file, and state your intended use of the file. These files are not included in the sale of any product we offer on storywrap.ca. Additional fees will apply if editable files files are provided, and editable areas limited due to copyright licenses of materials included in the project.
13. Web product delivery is: JPG or PNG (72 dpi). Print Products delivery is: JPG, PNG or PDF (300 dpi). Detailed file specifications can by found at storywrap.ca/shop
14. Other files requested will result in additional fees as determined by Storywrap.
15. We may share, write about on websites or in print, display, and/or link to your completed project as part of our portfolio of work.
16. You cannot transfer this contract to anyone else without our permission in written form. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Copyrights and Licensing of Items Provided by Customer:

1. You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the design are either owned by you, or that you have permission/licenses to use them.
2. You agree that you will be the only liable if a copyright dispute should arise regarding any/all items submitted by you for the project.
3. That you will be responsible for any legal/dispute fees incurred by Storywrap if such case arises from your provided materials of any kind whatsoever.

Copyright of Designs/Final Files Provided by Storywrap to the Customer:

When we receive your final payment, copyright is assigned as follows:

1. You are licensed to use the graphics and other visual elements for the purpose(s) for which they were created.
2. This license is for yourself only (personal) and is a royalty-free license to use the work produced by Storywrap in the designated manner.
3. Resizing of design/cover for promotional and/or marketing needs is acceptable as long as the full-sized file is not stretched beyond 50% of the original dimensions.
4.  Any changes to the /designs art or sub-licensing to others must be pre-approved by Storywrap in written form for additional cost at the discretion of Storywrap.
5. For Book Covers Specifically: The client is issued an exclusive license to use the final cover design for his/her book and/or e-book cover and associated promotional materials.
6. For Add-on Designs or Custom Designs (not book covers): The client is issued an exclusive license to use the final files for the stated purpose only.

Attribution:

1. Attribution to Storywrap for cover designs is required. It can be included in internal cover page of your book and/or on the back cover. Please use either “Cover design by Storywrap.ca” or “Cover design by Storywrap (www.storywrap.ca)”.

Stock Photography:

1. The Terms & Conditions of the stock photography purchased by Storywrap for inclusion in the final design/art are assigned to the client and applicable to your use of the finalized files. A copy of the agreement will be provided by Storywrap upon request.
2. You are responsible for the use of final files which include stock photography in accordance with the Terms & Conditions related to that stock.
3. You are responsible for ensuring proper attribution is given where necessary for any resources included in the finalized files. Licensing requirements will be provided with your final files by Storywrap as required.
4. Storywrap often uses stock photography, so there is a chance that another author or designer will use the same image and thus Storywrap can not be held liable in such a circumstance.

Custom Artwork/Products Not Listed on Website:

1. This contract includes any other custom designs/projects agreed upon verbally or in written form between the customer and Storywrap, even if not listed as a product for sale on storywrap.ca
2. Custom designs/projects completed, but with which you are unsatisfied, will still be paid for in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the currently hourly rate.
3. If you choose cancel the contract, rather than proceed with the project on commission, any unused or rejected designs may be used by Storywrap in any other project, as Storywrap sees fit, including, but not limited to, sale in any form or offered to another client.

Other Terms:

1. It is agreed that Storywrap is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client via the proof and revisions process, whether committed to print or posted in view of the public in any form. Storywrap will not be held responsible for any changes or amendments after approval. It is the sole responsibility of the client to notify Storywrap of any such errors during the proof and revision process and before the final files have been completed and delivered. Storywrap will not be held liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of any errors approved by the client.
2. Failing to abide by the website’s Terms of Use can result in a cancellation of your project, without refund, at discretion of Storywrap.
3. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Terms of Service- Custom Covers

1. Custom cover orders require a 50% non-refundable deposit, with the full amount paid upon approval of a low-resolution proof and before a high-resolution version will be started.
2. Premium Custom Covers include a specified number of stock photos and fonts included in the base price. Custom fonts, or use of images from stock sites other than our supplier and/or other custom materials, will require an additional Custom Material fee.
3. The Custom Material fee is non-refundable and must be paid prior to developing the first proof in addition to the already paid deposit. Storywrap will not apply the Custom Material fee to any order without first disclosing the cost and receiving agreement from Client.

Cancellations:

1. You may cancel your Custom Cover order at any time, but no refund will be issued for deposits or custom material fees.
2. After one revision has been completed you will pay the full fee on your Custom Cover prior to the contract being cancelled.
3. Custom Covers include a set number of proofs and revisions, depending on whether you have purchased an Economy or a Premium Package. If, after the final revision, you are still not satisfied with the design, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the currently hourly rate.
4. Should you choose to cancel the Custom Cover contract, any unused or rejected designs may be used by Storywrap in any other project, as Storywrap sees fit, including, but not limited to, sale as a Premade Cover or offered to another client.

Terms of Service- Premade Covers

1. Following purchase of a Premade Cover, all required information for the first proof must be received by Storywrap within 6 months of the original purchase. If this time frame is exceeded, additional fees will apply, at the discretion of Storywrap.
2. If required information for the completion of a Premade Cover is not received at the end of eighteen months after the original purchase date, the order will be cancelled without refund and Storywrap will no longer have any obligation to fulfill the order or hold the files.
3. Following the purchase of a Premade Series Cover, all required information for the first cover must be received by Storywrap within 6 months of the original purchase. If this time frame is exceeded, additional fees will apply, at the discretion of Storywrap. Subsequent covers must be completed within two years of the original purchase date.  
4. If required information for the completion of all Premade Series Cover is not received at the end of two years after the original purchase date, the order will be cancelled without refund and Storywrap will no longer have any obligation to fulfill the order or hold the files.
5. Premades are final sale. Swaps/Returns are not available. Be certain of your choice before completing your purchase.

Proofs & Final Approval: 

1. Premade proofs are removed after approval or after 14 days live on the site.
2. All approvals via the Proof and Revision process are absolutely final.
3. You may request changes after final approval is given if necessary, but additional fees will apply.

Exclusivity:

1. Premade Covers created by Storywrap are sold exclusively to one customer.
2. Premade Covers are never re-sold unless the contract is cancelled.
3. Storywrap does use stock photography, so another author or designer may also use the same image. Storywrap can not be held liable in such a circumstance.

Storywrap Refund Policy

All sales are final. Storywrap does not provide refunds for any product or service we provide. This includes deposits and scheduling fees. Please be certain of your purchase before checkout.

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