Policies for Publishers

This document outlines expectations and requirements you should be aware of when you use the Kavyar submission system as a publisher.

The policies listed below describe our normal operating procedures; however, any of these policies may be superseded by the Terms of Service in extenuating circumstances or for any reason as determined by the Kavyar team.

This document is subject to change. Please check back regularly.

See also: Guidelines for Submitters

Submission Terms

When you accept a submission using Kavyar, you and the submitter are entering into an agreement. Following the guidelines below will help ensure that the agreement is fair, and both sides end up happy.

General Guidelines

• Make Your Terms Explicit

  Kavyar recommends that all terms be spelled out clearly for each submission category you post.

• If You’re Not Explicit, Default Terms Apply

  If any required terms are not specified for a category, terms will default to Kavyar’s recommendations as shown in section Recommended Terms for Submission Options

• Terms Must Be Stated Up Front

  For example, you cannot advertise a submission fee of $X, then require an additional payment after acceptance in order for the submitter to receive the originally promised service.

• Only Accept Submissions You Intend to Publish

  In the event that a last-minute cancellation is necessary, it is the publisher’s responsibility immediately relinquish the rights to the images and to provide appropriate reasoning and restitution to the submitter.

• Submissions must be published as specified in the category guidelines

  Accepted submissions must be published in the medium (print / web / digital) and for the purpose (issue, web editorial, social media, etc.) specified in the category guidelines unless a change is granted by the submitter. Negotiation and written acceptance of a change must be made using the Kavyar messaging system. If an agreement regarding the change between the submitter and publisher cannot be reached, the submission should be canceled. Delays in publication date are not considered a change in purpose.

• Cancellation Policy

  All publishers will use the following cancellation policy on Kavyar.

  • All cancellation requests must be honored if they are made outside of the acceptable publication window of 3 business days before the current expected publication date and 30 calendar days after the original expected publication date for unpublished submissions.
    • We strongly advise honoring cancellation requests as much as possible to prevent disputes.
    • If a submitter initiates a chargeback as the result of a refusal to cancel and the bank decides in the submitter’s favor, the publisher will be charged for the amount of the original submission plus chargeback fees.
  • No fees may be requested or charged for submission cancellation prior to publication.
  • Cancellation requests submitted after publication may be honored at the publisher's discretion.
  • Publishers must respond to cancellation requests within 5 business days. If no response is given within that time, Kavyar will honor the cancellation request for unpublished submissions at the request of the submitter.
  • Publishers are not required to refund submissions canceled by the submitter unless:
    • The submission option offers guaranteed publication.
    • Cancellation is requested as a result of a publication delay that is more than 30 days past the original expected publication date.
    • Cancellation is due to publisher negligence.
  • Government Sanctions
    • If, after a submission has been accepted, goverment sancations are enacted that make it unlawful for a publisher to publish an accepted submission from a submitter located in a certain country or geographical area, the publisher has the right to cancel the submission.
    • The cancellation notice must state the reason for cancellation and must follow Kavyar's Code of Conduct for professionalism as outlined in Kavyar's Terms of Service.
    • The submission must be refunded.

Recommended Terms for Submission Options

• Price

  What the submitter will pay to receive the service; free or paid

• Decision Timeframe

  The maximum number of days a submitter can expect to wait before receiving a decision. For example: “Standard submissions accepted or rejected within 14 days.”

  • Default: 14 days.

• Expected Publication or Completion Date

  When the submission will be published in print or on the web, or the date on which the advertised service will be fulfilled. We strongly recommendt adding extra padding to date estimates; it's better to under promise and over deliver.

  • Default: Within 30 days of initial category close date.

• Tearsheet Policy

  Free tearsheets are required for all published print submissions, with the exception of “Priority Tearsheets” as described in the upgraded submission options below. Please provide a timeframe within which the submitter can expect tearsheets. We recommend that tearsheets be delivered within a maximum of 60 days after publication.

  • Default: Within 30 days of publication.
  • Tearsheets are digital copies representing the user’s contribution to the magazine and can be but are not limited to:
    • Exact copies of the magazine pages in PDF or Digital format
    • Magazine branded copies of the pages in PDF or Digital format
    • A complete digital issue of the magazine as a PDF or digital download
    In the case of disputes regarding acceptable tearsheets, Kavyar will determine if the supplied tear sheets meet the tearsheet requirement.

• Refund Policy (Optional)

  The following statements are the only approved refund policies recognized by Kavyar, and must be stated exactly as shown. We do not allow a blanket “No Refunds” Policy.

  • “No refunds will be provided for submissions canceled by a submitter without cause.”
  • “No refunds will be provided if submission information is incomplete or contains an error that causes delayed publication or errors in the final product.”

Additional Terms for Upgraded Submission Options

• Priority Response Option

  • Must Specify Timeframe: Accept or reject within “X” business days. We recommend a 5 business day maximum.

• Priority Tearsheets Option

  • Must Specify Timeframe: Tearsheets within ”X” days of publication. We recommend a 2 week maximum.

• Feedback / Review Option

  • Must Specify Timeframe: Feedback / review within ”X” days. If bundling with another service, use the timeframes suggested for that service. We recommend a 2 week maximum for detailed reviews or review only options.
  • Must Include Appropriately-Informative Feedback: Statements similar to “Your work is not a good fit for our publication” are not considered a fulfillment of this promised service. Examples of good feedback include:
    • Why the submitter submitter’s work did not match a publisher’s aesthetic or what made it so the photos were not a good fit. Links to examples of work that matches the aesthetic and how they differ from what the submitter provided.
    • Lighting/Retouching/Makeup/Modeling issues
    • Location problems
    • Number of looks or outfit problems

• Special Feature (Cover, Advertorial, Social Media Posts)

  • Must Specify Publication Timeframe: When the feature will be published (within X days or by X date).
  • Cancellations/Refunds for Undecided Submissions: When a submission remains undecided, and priority response is not part of the benefits offered, Kavyar may grant the submitter a cancellation or refund after a reasonable amount of time (default: 5 business days).

  • Offering Refunds for Rejections: Unless stated otherwise, Kavyar will assume that any rejected special feature submissions should be refunded.

    Kavyar will assist in refunding any purchases and is notified when any submission over $29.00 USD is rejected. If you need purchases under $29.00 automatically refunded, please contact us.

    Please use the following language for this: "If your work is not accepted, you will be issued a full refund. You will see the refund in your account within 8-12 days from the rejection date."

Upgrade Offers & Upsells

Publishers will sometimes send special offers on individual submissions via Kavyar’s messaging tool. A common example is ad placement such as a cover offer. These special offers typically require a fee above and beyond any submission fees that have already been paid.

Most submitters welcome these offers and enjoy negotiating placement, however some would rather not receive these types of messages.

• If a submitter opts-out of special offers on a given submission, you MUST NOT send any special offers that have an additional fee attached.
• The submission must be accepted before an upgrade offer can be made. ( If it’s good enough to be on the cover, it’s good enough to be inside the magazine. )
• If the submission cannot be accepted for the original option the submission must be rejected and an upgrade may not be offered.
• After an upsell a submitter has the right to:
  • Accept the upsell offer and move forward with the offer.
  • Continue with the original publication offer (decline upsell).
  • Request cancellation of the submission.
• The submission must be published per the original opportunity if the submitter declines the upgrade offer.
• If the upgrade offer requires a cancellation of the original submission, the new submission must be accepted once the submitter has re-submitted as advised.
• The original submission will not be automatically refunded if it must be canceled to allow for upgrading. If a refund is required, you must manually refund the submission through your publisher dashboard.

Communication with Submitters

• Communication with Submitters should be kept ON PLATFORM

  It is expected that publishers will use Kavyar’s submission messaging system for all contact with submitters. In the event that there is a submitter complaint indicating lack of communication or response from a publisher, Kavyar will use the information contained in submission messaging ONLY to review and resolve any reported issues. See Kavyar Intervention and Conflict Resolution

• Expected Timeframe: 5 Business Days

  Responsiveness is important to submitters. Submission messages regarding any accepted or paid submissions should have a response within 5 business days unless the submission option specifies a shorter timeframe. See Kavyar Intervention & Conflict Resolution for more information.

Communication with Kavyar

• Expected Timeframe: 2 Business Days

  Emails sent by Kavyar should be given priority, and should have a response within 2 business days. This does not apply to general automated submission notifications from the Kavyar System.

• Contacting Kavyar

  You may contact Kavyar at at any time using our contact form or by emailing kavyar@kavyar.com. We will respond to any emailed requests within 2 business days.

Publication Delays

• Submitters must be informed of significant delays in publication

  When submitters are aware of delays, they are less likely to cancel submissions and request refunds. If Kavyar is aware of your delay, we can also assist by responding to concerned submitters who contact our support desk. If you expect a significant delay in publishing (14 days or greater), contact your affected submitters and send a note using our contact form or emailing kavyar@kavyar.com.

• Refunds may be provided for delays of 30+ days, at submitter’s request

  Kavyar may provide a refund and/or cancellation to any submitter who makes such a request if more than 30 days have passed since the expected publication date, regardless of whether or not a publisher has informed the submitter of the delay.

Off-Platform Transactions

Publishers may not use the Kavyar platform to solicit submitters for additional paid services that are expected to be transacted outside of the Kavyar platform.

• Submitters will be advised that there will be no support provided for off-platform transactions or agreements that are made outside of the Kavyar system. Further, Kavyar will not provide support for agreements made within the submission messaging system, but transacted using an outside payment processor.

• Publishers may, at their discretion, offer and link to upgraded services carrying additional fees that are currently being offered on Kavyar. These offers must be indicated as optional upgrades, and all promised services must still be fulfilled.

• Reports of inappropriately handled off-platform transactions CAN impact a publisher's status on Kavyar.

Kavyar Intervention & Conflict Resolution

It’s better for everyone when publishers and submitters can resolve disagreements without Kavyar’s intervention. However, in the event that a publisher is not responding to a submitter’s requests within an appropriate timeframe, or the two parties are unable to reach a resolution, Kavyar will investigate and take appropriate action.

• When a submitter lodges a complaint, but HAS NOT contacted the publisher...

  Kavyar will direct the submitter to contact the publisher using the submission messaging system. The submitter will be instructed to allow 5 business days for a response unless the submission option specifies a shorter time frame.

• When a submitter lodges a complaint, and HAS contacted the publisher...

  If at least 5 business days have passed without a response from a publisher, Kavyar will investigate and consider the complaint based on the information and messages contained in the submission ONLY. Outside emails or communications will not be accepted for consideration. If a submitter is found to be justified in their complaint, appropriate action will be taken at Kavyar’s discretion.

  Resolutions may include but are not limited to: submission cancellation and submitter refunds at the expense of the publisher, account sanctions, removal from our Featured Categories, removal of Pro or Elite designations, and in extreme cases removal from the platform. Publishers will not be notified in advance of action, and Kavyar’s decisions are final.

Kavyar’s Rights to Refund and Cancel

Kavyar can, at is sole discretion, cancel and/or refund any submission if all or part of the promised services have not been fulfilled within the promised timeframe, the publisher does not meet communication requirements, or if any special terms are not met.

No refunds will be given to a submitter if they change their mind or cancel an accepted submission as long as the publisher has fulfilled its obligations.

Credit Card Disputes and Chargebacks

If a submitter initiates a dispute with the payment processor, Kavyar will investigate the transaction using all data and messages available within the platform.

If our investigation concludes that the publisher has not met the terms of the agreement, the publisher will be charged for the refund and any associated surcharges imposed by the credit card processor, plus a $30 Kavyar chargeback fee.

In the event that Kavyar believes the claim to be fraudulent in nature, and there is adequate proof that the publisher has fulfilled their contractual obligations, Kavyar will fight the claim on behalf of the publisher. If the processing company finds on behalf of the submitter, the publisher will be charged for the refund. No additional surcharges or chargeback fees will be imposed by Kavyar.

Administering a promotion (ex: a contest or sweepstakes)

Please see here for full terms of competitions or promotions

Any submission categories used to list Promotions on Kavyar must include the following language in the guidelines and can be used in the user agreement for each submission to comply with Kavyar Requied Content requirements:

By submitting to this contest or sweepstakes (collectively, “Promotion”), you hereby:

• acknowledge that the Promotion is in no way sponsored, endorsed, administered by or associated with Kavyar; and
• release, waive, and forever discharge Kavyar and its employees, officers, directors, shareholders, members, agents, representatives, permitted successors, and permitted assigns (collectively, "Releases") of and from any and all actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity (collectively, "Claims"), which any of such you ever had, now have, or hereafter can, shall, or may have against Kavyar for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of time created by or otherwise arising out of the Promotion.

Problematic Submitters

Please report any situations involving inappropriate or problematic behavior from a submitter using our contact form or by emailing kavyar@kavyar.com.

Transparency

Kavyar requires full, accurate and timely disclosure of information about your publication and your team including:

• Full legal names of connected team members and representatives

• Physical location of your offices / location

• Current level of development of your publication

Pseudonyms may be used for public-facing editor accounts as long as real names have been provided to Kavyar. Your information is for internal use only and will be kept confidential.

If at any time Kavyar discovers that the information provided is inaccurate, your publisher account is subject to immediate removal from the platform.

Publication Transfer of Ownership

Publication Accounts cannot be transferred from the original requesting owner without the express permission of the Kavyar team.

Publication accounts that have been on the platform for less than 6 months cannot be transferred to a new owner.

All transactions and interactions on the account are the responsibility of the original owner until the account transfer has been approved in writing by Kavyar.

The original owner must maintain an owner account as a representative(rep)and is responsible for all usage of the publisher account by all members of the team. Any transfers of publication ownership must be communicated and approved by Kavyar prior to the transfer of ownership of the Kavyar publication account. Failure to notify Kavyar of a transfer of ownership may result in the closure of the publication account. Once a transfer has been completed Kavyar will not discuss the details of the transferred account with the previous owner.

To transfer a publication, the following steps must be followed:

1. Email the Kavyar team at kavyar@kavyar.com stating:
   • Subject: Publication Transfer
   • The Kavyar links to the publications to be transferred
   • The name, email address, and Kavyar account link(s) for the current owner(s)
   • The name and email of the new editor along with relevant social links and experience
2. Kavyar will review the new editor and follow up with either an express approval or request(s) for more information
3. Please allow 3 business days for a response from the Kavyar team

Publishers with Multiple Publications

Any publisher running multiple publications must have an owner account (rep) profile that is attached to all the publications they have requested or own.

This allows Kavyar to identify those publishers who own multiple publications. Any requests for a new publication will be attached to the owner's account and should not be removed. The owner account does not need to be public and other representative profiles can be added to upgraded accounts, however, the owner profile should always be attached. Removal of the owner profile will trigger a review and can result in the closure of the publisher account and all other associated Kavyar accounts.

Each publication must have its own account

Publishers cannot run multiple publications from a single publication account. This is to ensure that submitters are not confused as to which publication they are submitting to and so that our support team can correctly identify publications. Publishers will be notified by support if a publication is in violation of this policy and asked to separate accounts. Failure to comply with this may result in account closure.

Each publication should have distinct branding

Publishers should have branding that distinguishes the publication from other publications including those run by the same publisher. The following, in particular, should be clear:

• Logo - should be distinct per publication and should not match any others on the platform. This includes publications run by the same publisher.
• Name - the name should be unique and clear from other publications. Kavyar will favor the larger publisher or publishers who own the trademark for a given name if there is confusion.
• The name and logo should also not be misleading relative to other major magazines within the industry including those NOT on the platform.
• For publishers that have regionally licensed names for example L’Officiel, these requirements may be relaxed.

Kavyar reserves the right to curate publications that could be confusing to submitters. Confusing or duplicate branding may result in reduced visibility up to and including removal from the Kavyar platform.