Terms and Conditions
1. ACCEPTANCE OF TERMS AND CONDITIONS
Contacting or contracting the services of Firesong Arts, LLC. implies acknowledgment and acceptance of the terms and conditions as outlined in this document and shall be used as a reliable basis for consent, unless you otherwise withdraw consent, in writing, in a timely manner. Failure to read these terms and conditions is not constitute a lack of consent.
2. CONFIDENTIALITY, OWNERSHIP & COPYRIGHT OF CLIENT MATERIALS
Client inquiries, documents, and all subsequent correspondence are exchanged electronically via email, except where agreed upon in advance by the editor and the client. All clients must have a valid email address, in order to keep regular correspondence with the editor.
Each client retains sole copyright, ownership, intellectual property, and control over all materials they submit to us, including any documents subsequently created or developed by the editor. Upon completion of a project, Firesong Arts, LLC transfers rights of any editor-generated content which was created as a direct result of completing the client project to the client, unless where otherwise agreed upon with the client. If a client chooses to terminate their subscription before a project is completed, the rights to all content generated by the editor on said project up to the point of termination shall be transferred to the client, unless otherwise agreed upon in advance.
3. TERMS OF PAYMENT
Payment for services is a regular and recurring subscription fee in exchange for the agreed-upon coaching, editing, formatting, and pre-publishing. All service packages are billed monthly for services rendered within the next 30 days after billing date. In accordance with the service agreement, these payments shall be assumed to recur on the same date each month, without additional notice, until cancelled. See the cancellation policy in section 7 of the Terms and Condition, or the service agreement for information on the cancellation policy.
Each client is responsible for regular and timely payments to Firesong Arts, LLC. in accordance with the Service Agreement signed by both parties regarding to compensation for services rendered. Payment is accepted only via check, cash, and PayPal unless otherwise agreed upon by Firesong Arts, LLC. Alternate payment plans are available at the discretion of Firesong Arts, LLC. and will be outlined in the Service Agreement. It is the sole responsibility of the client to request an alternate payment plan. Payment plans must be agreed upon prior to commencement of a project; a schedule of payments will be released to the client. If no payment plan is agreed upon between Firesong Arts, LLC and the client, the client is responsible for regular monthly payments until the termination of the subscription.
Publication with Firesong Arts, LLC is a separate service, and requires a separate agreement and payment structure from monthly services. Firesong Arts, LLC reserves the right to publish at their discretion, and reserves the right to refuse publication rights and offers. Neither a prior service agreement nor an active service plan constitutes an agreement to publish. The regular monthly service subscription fee does not cover the cost of publication should Firesong Arts and the client choose to move forward with publication.
4. CONTENT OF CLIENT MATERIALS
Clients will adhere to all copyright and plagiarism laws. The editor may provide advice on where to find information on these laws, but the editor is not responsible for any illegal act perpetrated by the client. Firesong Arts, LLC assumes no liability for the infringement of third party copyright in client-generated content. It is the sole responsibility of the client to properly research their content and include all acknowledgments and citations where necessary.
Furthermore, Firesong Arts, LLC is not liable, nor responsible for any damage to computer hardware,
software, websites, content or other assets arising from the distribution of computer viruses. Firesong Arts, LLC will make a good faith effort to not share, send, or distribute documents or software with computer viruses.
In the event that a client's work is published through Firesong Arts, LLC, the Publisher shall license Exclusive First North American Serial Rights (FNASR), First Electronic Rights, (FER), and distribution rights from the client unless otherwise agreed upon. Client will at all times retain Moral Rights. After publication, Firesong Arts, LLC will pay client royalties from their book sales, based on the agreed-upon percentage in the Publication Service Agreement. The Publication Service Agreement holds contractual authority of the individual publication agreement between Client and Publisher.
5. Firesong Arts, LLC RESPONSIBILITY
Firesong Arts, LLC maintains a high-standard of editing skills and services for all clients, however makes no guarantees that a client’s work will be error-free. In the event that basic grammatical errors are found after the completion of a project, Firesong Arts, LLC will review the client’s completed project at no additional cost. Any further editing, additions, or modification done to the project after completion are at the discretion of the client, so long as they maintain an active membership subscription to editing and coaching services.
Firesong Arts, LLC is neither responsible nor liable for any acceptance or rejection from a third-party publisher of a client’s project. After completion of a project, Firesong Arts, LLC will aid in finding publishing solutions for its clients, however the client maintains sole responsibility for the decisions made during the publication process, including where to publish, when to publish, format, style, sales, and marketing. Should Firesong Arts, LLC choose to publish the work, a separate agreement shall be signed by both parties outlining the details of that agreement.
Firesong Arts, LLC 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 the services offered nor the services rendered by its editors on behalf of clients.
Clients agree to indemnify and hold Firesong Arts, LLC, its affiliates, agents, contractors, and owners, harmless from any claim, including reasonable attorney's fees, or as may be made by any third party due to or arising from use of the site, services or products, 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.
7. REFUNDS / CANCELLATION POLICY
Clients acknowledge and agree to the Firesong Arts, LLC refunds policy.
All cancellation requests must be submitted in writing via email, or standard post letter. Phone calls, voice messages, and chat messages will not be acknowledged as formal cancellation. Upon receipt of cancellation, Firesong Arts, LLC will immediately discontinue editing services, contact the client within 24 hours to notify them of the discontinuation of the project, and all materials and editing services created as a result of the project will be returned to the client at this time; any electronic copies of Client’s work shall be archived for the sole use of Firesong Arts, LLC records. The client is responsible for all fees and service charges incurred up to the date of cancellation.
Improper or incomplete cancellation requests cannot be accepted and will not be considered as cancelled. A client may be liable for payments and penalties incurred after an incomplete or improper cancellation. Improper and incomplete cancellation requests include any notification in a format other than that which is specifically listed above, non-payment, and non-compliance. Improper or incomplete cancellation requests may incur a penalty of up to $500.00 in addition to any regular fees or payments incurred during the time of the improper or incomplete cancellation.
All materials generated by Firesong Arts, LLC on behalf of a client will be kept on file for up to 36-months after the date of completion, cancellation, or termination, unless otherwise agreed upon in advance by Firesong Arts, LLC and the client, and may be retrieved by the client at any time during this period.
Refunds are offered at the discretion of Firesong Arts, LLC, and any request for refund should be submitted to firstname.lastname@example.org. If a request is received, the Billing Department at Firesong Arts, LLC will contact the client directly to resolve the issue.
All transmissions and orders must be placed electronically via the Firesong Arts, LLC website (www.firesongarts.com) or direct email from a previously accepted client or direct referral. Successfully transmitted orders will be acknowledged with a formal receipt by email within 2 business days of receipt.
All requests for re-editing, correction of errors by Firesong Arts, LLC, or concerns or disputes regarding the quality of a completed project must be submitted in writing within 90-days of completion of a project, or any time while a client has an active membership subscription.
8. CLAIMS OF MISREPRESENTATION
The editing services described on the Firesong Arts, LLC website are there to help the client determine their specific writing and editing needs. Firesong Arts, LLC will provide the services agreed upon at the time of a project’s acceptance. Under no circumstances is it the intent of Firesong Arts, LLC to mislead or fraudulently portray the services provided. All efforts are made to provide clarity as to the services described within our website. Firesong Arts, LLC gladly answers any questions about the services offered, and offers all clients professional consultation and free editing samples prior to acceptance of a project that are representative of the type of work done by Firesong Arts, LLC on behalf of clients during the Full-Service Editing process. Clients will note that the developmental consultations offered as a regular part of the Full-Service Editing process, as well as manuscript critiques and edits are services offered as part of normal business, and do not fall under the above mentioned free consultations. Free consultations are only provided to prospective clients on a trial basis, or at the discretion of the editor and Firesong Arts, LLC.
9. MODIFICATION OF TERMS & CONDITIONS
The terms and conditions contained herein may be amended, altered, or revoked at any time, for any reason and without notice. In the event of substantive changes to the Terms and Conditions, all active clients will be notified via email.
Submit all questions, concerns and/or disputes in writing to the email address provided on the Firesong Arts, LLC website (www.firesongarts.com).
Please note that we are an online company which conducts all transactions and communications electronically. Please do NOT submit formal mail to our street address, unless otherwise agreed upon prior to the mail being sent.