Terms & Conditions

Before a payment can be made, you are asked to indicate by checkbox that you have read the Terms and Conditions. Prior to making a payment, the Terms and Conditions are readily accessible and by using this site and/or making a payment, you agree to the following:

Your Rights and Ours

This is lengthy but don’t panic. The Terms and Conditions outline all services provided. Just scroll through to find the section that pertains to your purchase.

Images, Graphics, & Book Covers

Simplified Version: This is a fairly comprehensive part but it really comes down to this—you purchase the design and not the images or graphics. Designs may not be resold.

Images purchased from this site (The SilverGenes Group/Alexandra Lucas) are licensed for you to use solely in the manner intended but the copyright to the final image as well as any or all photographs used in the design remains with the original copyright holders. We retain all rights to our designs and may use the image we create for you on this site or on other sites for promotional purposes. When you commission a design, we go through a consultation, a preliminary approval stage where any changes you wish are noted and done, then a final approval. Minor tweaks may be done if requested immediately after approval. Otherwise, the work is deemed complete.

You may not resell the image or any portion of it. You may not create derivative works from any part of the image. You may not use the image in whole or in part as a personal or company logo or as a personal or company avatar. The image may not be used in conjunction with pornography, hate, or in any way that may be seen as objectionable. In other words, you are free to use the image as your book/ebook cover and to advertise your book/ebook on websites and in print. All other uses are forbidden.

Any recognizable person contained in an image has been cleared by a model release. You do not need to worry.

You are purchasing design services and an exclusive right to use the completed image but not the individual photos or elements used within the image. This means we will not resell your cover design to anyone else. However, if a stock photo was used, we may use that stock photo in another design. We will absolutely not create look-alike books, stock covers, or any other type of design that compromises our customers’ products. If you wish to retain all portions of the image for your own use, it can be done. Please be aware that it increases the cost significantly, usually an additional $300 – $500 per image or element used. You may provide us with your own images to use but they must be accompanied by a release, including a model release even it it is you. Please contact us for details.

We sometimes use iStockphoto for book cover images. When iStockphoto images are used, you may use this image a total of 499,999 times. If your book becomes very successful and you wish to extend the length of the permitted run to indefinite, we can do that but costs may be significantly higher depending on the resources used. However, if you are selling that many books, the higher costs of extending are negligible. Please contact us for more information if you wish an unlimited run.

If you are not using stock photos or are providing your own images, there is no limit on a run. Limits apply where we must comply with stock photo rules.

In a nutshell: This is your book/ebook cover. You may also use the image to advertise your book. You may display it up to the maximum size of 600 pixels by 800 pixels on sites like Amazon, Smashwords, blogs, and other sites to sell your book. In the front pages of your book/ebook, please credit The SilverGenes Group with the cover design. A link to our site at http://silvergenes.com would be nice but is not necessary.

Editing Services

Simplified Version: You retain all copyright and we trust that you are submitting only material for which you own the intellectual property rights. We will do the very best job possible to ensure your work shines but, being human, we’re not 100% perfect. If you find something in your final check that needs to be changed, let us know right away and we’ll correct it. Yes, we do have some limitations on what we accept and you can find it under Submitted Content below. We’re not prudes, so if you are in doubt, just ask.

Ownership, Copyright, and Confidentiality: Alexandra Lucas/The SilverGenes Group takes the protection of intellectual copyright, classified material, and other forms of confidential documents very seriously. Our clients retain sole copyright, ownership, and control over all materials submitted to Alexandra Lucas/The SilverGenes Group for proofreading and editing, including any materials subsequently created or developed by Alexandra Lucas/The SilverGenes Group and submitted to the client.

Submitted Content: We reserve the right to refuse to proofread, edit, or create any document that advocates or incites violence, hatred, or discrimination, as well as any document that is obscene or pornographic, or in contravention of national and international laws. Clients are advised that plagiarism and breach of copyright are serious offenses. We reserve the right to decline requests for price quotes from any potential clients who submit a job that involves the reworking of plagiarized content. In situations where copyright infringement or plagiarism is discovered or suspected after a document has been accepted for editing, clients are advised and editing will not proceed.

Alexandra Lucas/The SilverGenes Group is not responsible or liable in relation to the use of any information contained in client documents including misleading or defamatory statements, or the infringement of third party copyright.

Quality and Service Standards: Alexandra Lucas/The SilverGenes Group strives for excellence and client satisfaction. All documents are proofread and edited to a high and exacting standard. However, we do not guarantee that edited documents are perfect and error-free.

Alexandra Lucas/The SilverGenes Group is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages, including lost revenues or profits, loss of business, or loss of data related to this service. This exemption applies to any claim, loss, or injury based on errors, omissions, interruptions, or any other inaccuracies that may appear on third party websites (i.e. Google Drive) or in an edited customer document.

Alexandra Lucas/The SilverGenes Group is not obligated to refund the cost of the service in the case of an edited document being less than perfect. We request that the client contact us if not completely satisfied with the service and we will make every effort to remedy the situation.

The client is responsible for reviewing the edited document upon completion and contacting us should any errors be discovered.

Book Formatting

All copyright information as stated in Images and Editing Services applies.

It is the client’s responsibility to submit the manuscript in the prescribed form as indicated on the Book Services page. Variation from this can lead to additional charges.

We will assess the manuscript for consistent formatting within a reasonable time and will notify the author of any potential problems associated with the content or formatting. The author will be given the choice of having the file returned to them to make the adjustments or we will provide a quote to modify the manuscript for pre-publication.

We are not responsible for editing the document unless editing services were purchased (see above) and we are not responsible for errors contained in the document that go to press in print or ebook format as a result of editing errors or third party software or services.

We are not responsible for the loss of manuscripts or documents for any reason. It is the author’s responsibility to retain copies.

Clients will have the opportunity to do a pre-flight check for both ebooks and print.

Photo Restoration

By uploading files and ordering our services you affirm that you are familiar with the copyright laws and no copyright is infringed. You will be liable for any copyright claims. You agree not to use our services to upload or transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another person’s privacy, hateful, or racially, ethnically or otherwise objectionable. Images showing child abuse, child pornography, child nudity, depictions of minors engaged in sexual conduct or any other sexual situations are strictly prohibited.

Estimates will be provided upon receipt of the uploaded low-resolution image. Upon agreement, a high resolution photo can be uploaded to our site and payment made. Your restored photograph will be displayed to you as a digital file for final approval. Upon completion, we will send you a downloadable high resolution digital file ready for printing.

Websites

Simplified version: We both do what we agree to do within a reasonable time frame. You provide me with the vision you have and the material (for which you own the intellectual property rights) and I tell you the cost, we agree, and I create your site. You register your own domain name and secure hosting services with the company of your choice.

Alexandra Lucas/The SilverGenes Group agrees to provide website design services to you, subject to the following terms and conditions of service. Use of our services constitutes acceptance of and agreement to the terms and conditions herein. This agreement shall be construed in all respects in accordance with the laws of the Province of Nova Scotia, Canada.

Nature of Service: We will provide website design services to you.

Service Rates: You acknowledge and agree that we have communicated to you the nature of the service provided and the charges involved.

Fees: A non-refundable payment of the deposit is considered to be acceptance of a mutual contract and acceptance of the Terms and Conditions as stated in this document. The remaining amount agreed to verbally and stated on the invoice, shall become due when the work is completed to the reasonable satisfaction of the Client but subject to the terms of Approval of Work and Rejected Work hereof. We reserve the right not to begin the work until the said deposit has been paid in full.

Websites priced at $499 or less must be paid in full before work begins. Websites priced at $500 or more require a deposit of half the amount before work begins. This is non-refundable. Final payment is due on approval (see below). We are under no obligation to render the website live until payment is made in full.

We will not charge more than the amount previously agreed unless the Client has varied the specifications of the work since the agreement. We will not undertake changes to the specifications of the work, which would increase the cost, without prior written authorization from the Client.

Supply of Materials: Unless otherwise agreed, the Client is to supply all materials and information required for us to complete the work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos, and other printed materials. Where the Client’s failure to supply such materials leads to a delay in completion of the work, we have the right to extend previously agreed deadlines for the completion of the work by a reasonable amount.

Warranty by Client as to Ownership of Intellectual Property Rights: The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to us for inclusion on the website. The Client shall regard the conclusion of a contract between Alexandra Lucas/The SilverGenes Group and the Client as a guarantee that all such permissions and authorities have been obtained and that the inclusion of such material on the website would not constitute a criminal offense or civil offense. By agreeing to these terms and conditions, the Client removes the legal responsibility of Alexandra Lucas/The SilverGenes Group and indemnifies the same from any claims or legal actions however related to the content of the Client’s site.

Approval of Work: On completion of the work, the Client will be notified and have the opportunity to review it. The Client should notify us, in writing (email), of any unsatisfactory points within 7 days of receipt of such notification of review. Any of the work, which has not been reported in writing to us as unsatisfactory within the 7-day review period, will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the balancing payment  will become due. The contract will remain in effect until all obligations have been completed in terms of this clause.

Rejection of Work: If the Client rejects the work within the 7 day review period, or will not approve subsequent work performed by us to remedy any points reported by the Client as unsatisfactory, and we consider that the Client is unreasonable in his repeated rejection of the work, the contract will be deemed to have expired and we can take any legal measures to recover both payment for the completed work and reasonable expenses incurred in recovering payment.

Failure to Pay: We may terminate and cancel this agreement upon the failure of you to pay charges when due. Such termination will not relieve you of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Your Obligations Upon Cancellation: You agree to pay all outstanding fees. Deposits are not refundable.

In All Cases

The client agrees to indemnify and hold Alexandra Lucas/The SilverGenes Group harmless from any claim or demand, including reasonable fees and costs for the service of an attorney, or as may be made by any third party due to or arising from use of this site or services, or violation of the Terms and Conditions by the client, or infringement of any intellectual property or other right of any person or entity by the client.

Alexandra Lucas/The SilverGenes Group is not liable for the fraudulent use of any credit card or other payment method that may be used to purchase its services.

Alexandra Lucas is not liable or responsible for service delays resulting from unforeseen circumstances, such as technical problems, including server or connection issues that are beyond our control. We will make every effort to meet deadlines and communicate with clients in the case of technical problems.

Alexandra Lucas/The SilverGenes Group is not liable or responsible for any damage to computer hardware or software arising from the distribution of a computer virus through the use of this website.

We reserve the right to deny or refuse service to any client or prospective client for any reason and without explanation.

The Terms and Conditions contained herein may be modified, amended, altered, changed, reorganized, rewritten, or revoked at any time, for any reason, and without notice. Should such changes occur, they will be posted on this page.