Terms and Conditions

THIS AGREEMENT IS BETWEEN SHOWER OF SCHMIDT (THE DESIGNER) AND THE CLIENT

When purchasing from Shower of Schmidt Designs, The Client is agreeing to the following Terms and Conditions:

Responsibilities of The Client

BOOKING:

After purchasing pre-made items, The Client must book a slot with The Designer to have alterations made to the graphics (change of name, taglines, blurbs etc.) The Client will receive an e-mail confirming their booking if their preferred date is available, or with alternatives dates to confirm.

We aim to send booking confirmations within five working days, but please allow for delays at busier times.

For custom work, The Client must ensure a slot is booked (before or after purchase) to avoid disappointment. Purchasing a custom package does not secure a slot for work to commence.

The Client agrees to:

  • read booking information and terms and conditions very carefully before purchasing or booking with Shower of Schmidt.

  • take responsibility for their own release schedules, making note of Schmidt’s turnaround times* and ensuring they do not leave booking until the last minute in case of circumstances that are out of The Designer’s control, e.g. illness, and also remembering that confirmation of booking may take up to five working days.

  • wait for confirmation of booking

  • complete and submit required details no later than 5 working days before their booking*

  • provide a valid e-mail address for correspondence

  • for custom book covers, to find at lease one image that they would like on their cover using Adobe Stock, Depositphotos or an exclusive image they have purchased - other stock sites can be used but The Client will need to obtain these themselves and email the high res version to The Designer

It is The Client’s responsibility to check all spelling and lay out of ALL TEXT before agreeing to the final version of all graphics. The Designer will not be held accountable for items going to print with errors on them. If a language other than English is used, it is The Client’s responsibility to ensure correct spellings are provided to The Designer.

*If details are missing, or if The Designer does not receive relevant information before the booking, The Client understands this will delay the design process and is likely to result in them having to re-book.

Once a paperback cover has been re-sized, if The Client makes changes to their manuscript that alters the initial page number, there will be NO additional charge for a re-size.

Regarding custom work, micromanagement of any kind by The Client will not be tolerated - The Client is permitted a set number of changes / modifications to the draft concepts once they have been sent. That said, The Designer is flexible and endeavours to ensure The Client is entirely satisfied with the final product and therefore some additional tweaks and changes may be permitted within reason.

PAYMENT:

Unless other, mutually-agreed arrangements have been made between The Client and The Designer, The Client agrees to:

The Client understands that the terms and conditions may change at any time without pre-warning.

The Client understands that they are agreeing to follow and be accountable to the terms and conditions even after full payment has been made.

The Client understands that any additional work that goes beyond the value of work already carried out—for instance re-design—will be charged at an hourly rate of £55 per hour.

Refunds for pre-made purchases are not permitted.

Responsibilities of The Designer

DESIGN PROCESS FOR CUSTOM WORK:

The Designer agrees to:

  • discuss The Client’s design information with them

  • provide draft concepts for each item being designed (when The Client has a clear vision of what they would like their cover to look like, it is unlikely that there will be more than one draft. This draft will then be tweaked and altered to include the allowed number of changes)

  • allow up to 5 tweaks and changes of The Clients preferred concept

*The Designer endeavours to make all changes necessary to the preferred draft concept to ensure The Client is 100% satisfied with their product. However, any additional work that goes beyond the value of work already carried out will be charged at an hourly rate of £55 per hour.

DESIGN PROCESS FOR PRE-MADE WORK:

All pre-made items will only be sold once.

The Designer agrees to:

  • make alterations to the pre-made item as per the customer’s design brief e.g. title, author name, tagline, series title, some colours and placements if required and feasible

    The Client understands that colours and placement are not always able to be altered due to the nature of the design process.

Any minor changes needed to the text on the pre-made item after files have been finalised will be carried out free of charge (title, pen name, taglines, series titles or blurb)*

It may be possible for some individual pre-made covers to be altered to create a series. Please enquire by contacting us. The Client understands that this might not always be possible due to the nature of the design process.

*The Designer endeavours to make all changes necessary to ensure The Client is 100% satisfied with their product. However, additional work may be charged at an hourly rate of £55 per hour.

CLICK HERE FOR TURNAROUND TIMES FROM THE DATE OF BOOKING:

DELIVERY:

Files will:

  • be delivered to The Client as attachments from shower.of.schmidt@gmail.com.

  • be delivered via email to the the address provided by The Client

  • not be released until final payment is received.

Indemnity:

While The Designer will make every effort to ensure there are no typing errors / misspellings / grammatical mistakes on graphics, it is the responsibility of The Client in ALL cases to check that ALL text is correct and to bring any errors to The Designer BEFORE sending anything to print / sharing on social media etc. The Designer will not be held accountable for any errors found after the fact.

While The Designer will make every effort to bring questionable material to the attention of The Client, The Client agrees to indemnify and save harmless the The Designer from any and all claims or demands, including legal fees, arising out of any alleged libel or copyright infringement committed by The Client in creating the work.

The Designer does not represent, nor is she affiliated with any agents.

Designing is a subjective process that begins by offering advice and suggestions to The Client. The Designer will use her background and experience in designing, recognising that this experience, while successful for her, may not be successful for The Client. The Designer's sole function is to aid and assist The Client in coming up with a suitable design and executing the idea. In this light, The Designer will make her best efforts to advise and suggest changes to improve the design. The decision to accept or reject these changes is solely The Client's. No guarantees are made as to the saleability or marketability of any brands that are represented by The Designer's work. These decisions are subject to the whims of taste and perceived marketability of the branding. Whilst working to aid The Client in preparing the best designs possible, The Designer has no control over the market or the whims and caprices of the buying public.

if The Client insists on design features that the The Designer deems as low quality or something that will show The Designer in a less than desirable light, The Designer reserves the right to refuse to action said design elements

All royalties and monies gained by the sale of The Client's company / brand will be the sole property of The Client.

Applicable Laws:

The terms of the contractual agreement and any attached appendices shall be interpreted according to the laws of The United Kingdom. The contract may be changed only by written agreement between The Designer and The Client and constitutes the only agreement between the parties.

Termination:

Where custom work is concerned, either party may terminate this agreement in the event of material change of circumstance sent in writing to the other party at the e-mail address (es) provided.

  • If The Designer terminates the agreement, the deposit—minus the cost of work already completed where it exceeds the value of the deposit—will be returned to The Client. The Designer reserves the right to cancel a booking at any point if The Client becomes disrespectful or abusive. All deposits—and monies to the value of work already carried out that exceeds the cost of the deposit—will remain with The Designer in the event of this, including all already-designed files.*

  • If The Client terminates the agreement, the initial 50% deposit will remain with The Designer, and The Client will pay The Designer for any services already carried whose values exceed that amount.*

*The Client will allow up to 5 working days for refunds to be processed.

Special Clauses:

Any credits will be gratefully received and appreciated. Please credit: Eleanor Lloyd-Jones of Shower Of Schmidt: showerofschmidtdesigns.com

The Designer may use the final designs to provide samples of work to prospective clients. No material will be used for this purpose until The Client has revealed the designs.

Copyright Information:

The Designer retains all copyrights for all graphics sold. Purchasing graphics from Shower Of Schmidt Designs grants The Client an exclusive license for the use of said graphics—excluding pre-made stationary and pre-drawn illustrations—but does not permit modification or redistribution / sale of the items.

Under UK Copyright law, Shower Of Schmidt has:

  • The right to attribution: this is the right to be recognised as the creator of the work. Agreeing to these terms and conditions, The Client recognises that The Designer is asserting their right to be identified as the creator of all graphics.

  • The right to object to false attribution: this is the right not to be named as the creator of work that The Designer did not create.

  • The right to object to derogatory treatment of a work: derogatory treatment is defined as any addition, deletion, alteration to or adaptation of a work that amounts to a distortion or mutilation of the work, or is otherwise prejudicial to the honour or reputation of The Designer.

Photoshop .psd files will not be given to The Client or sold to the client under any circumstance.