BOOK COVER DESIGN CONTRACT (PREMADES / CUSTOM / CUSTOM PREMADES / GIVEAWAY COVERS)
By purchasing covers with us, the client agrees to and is bound by the below-stated terms and conditions.
Copyright Usage: For the purpose of designing and creating a Book Cover (eBook/Print).
The "Designer" reserves the right to modify, alter, or add services at any time and without prior notice.
a) The ‘’Designer’’ hereby grants the "Client" the exclusive right to use the following "Item" for his or her e-book, print cover, audiobook, as well as promotional materials. The "Designer" retains all rights to all design and draft materials.
b) The "Designer" hereby affirms that all "Item" covered under this agreement is created by the "Designer" and has a right to use all sourced materials (stock images, fonts, and brushes) for the purpose of making the "Item".
II. THIRD-PARTY LICENSES
a) The "Designer" designs or creates artwork in the form of a book cover "Item" consisting of one or more images from stock sites, which the "Client" acknowledges and agrees to abide by the terms and conditions of the license agreement for the image purchased by the "Designer" through stock photo sites. The third-party license terms can be found on their respective sites. (Depositphotos.com, Istockphoto.com, Neo-stock.com).
b) It is the "Client's" responsibility to maintain proper image licensing for the images used in the "Item". The "Client" may not extract the image from the "Item" to use for other purposes. The cost of the "Item" includes the standard license to use these images; the standard license DOES NOT COVER things such as physical products or items for resale such as mugs, t-shirts, tote bags, calendars, etc. The "Client" will need to purchase an Extended License for this usage when the limit of the standard license has been exceeded. "Client" must ask the "Designer" about the image website link if the extended license is needed.
c) The forbidden use of the "Item" shall be considered a copyright infringement. The "Client" warrants that the "Designer" cannot in any way be held responsible for any damages or liability of any kind claims made by the Third Parties due to License infringement.
III. CLIENT RESPONSIBILITIES
a) The “Client” is fully responsible for proofing the book provided by the “Designer”. It is strongly suggested that the “Client” request proof from the printer before publishing or ordering any copies of the book. At no time will the “Designer” be held financially or legally responsible for any problems, costs, fees, or expenses incurred by the “Client” as a result of using the “Item”.
b) Any combination stock image purchased by the “Client” is exclusive to them and will not be licensed by the “Designer” again. In the event that the “Client” provides materials for the project, the “Client” is solely responsible for the validity of copyrights, trademarks, and ownership. “Client” needs to secure the appropriate rights or license to use the materials for commercial purposes before asking the “Designer” to incorporate them into the “Item”. If a license dispute arises involving materials that the “Client” supplied, the “Client” assumes full legal and financial responsibility.
IV. BOOK COVER DESIGN SERVICE
a) DELIVERY: The book cover design service includes the following upon full payment:
1) eBook Cover Design: 72dpi, .jpg files, 1600x2560pixels (or any sizes requested by “Client”), mockup for promotional purposes.
2) Print/Full Wrap Cover Design: 300dpi, .pdf/.png files, depending on the “Client's” requested sizes, mockup for promotional purposes.
b) REVISION: revisions are included in the cost of the “Item” and can be made during the first to mid-phase. No revisions can be made when the design is finalized, except for changes to text such as Title, blurb, etc. “Client” must ask “Designer” if the changes they want are possible or not. Additional fees will be charged for revisions such as deleting or replacing major designs or redoing the design (after the finalization of the “Item”).
V. PAYMENT AND FEES POLICY
PREMADE & PREMADE CONTINUATION BOOK DESIGN
a) The “Client” must settle the full payment of the “Item”. However, “Designer” allows 2 days reservation of the “Item” if the payment cannot be settled on that day. Until there is no full payment yet, “Designer” only provides the revised “Item” with a watermark during revisions. Turnover takes 24-48 hours.
b) If the “Client” fails to settle the payment within 2 days, the “Designer” has the right to cancel the purchase and sell the “Item” to other “Clients”.
c) Once the premade is sold and paid for, there will be no refund. However, "Client" may ask "Designer's" permission to resell the item at the same price as the original.
CUSTOM & CUSTOM CONTINUATION BOOK COVER DESIGN
a) “Client” is required to pay the initial deposit of $30 upon the approval of initial sketches. The remainder payment will be due upon approval of the final “Item”. In some cases, we will not invoice a deposit, meaning full payment will be due during the final process.
b) Unlimited Revisions, but additional fees apply when redoing the design, such as replacing major designs.
c) The Cover draft (stock images) takes 3-5 days after the initial sketch is approved. Illustrative Artwork (hand-drawn) takes 1-2 weeks. All rush jobs will incur a $100 rush charge.
d) The deposit ($30) is non-refundable if, for any reason, the job is cancelled or postponed during the working process. 100% is non-refundable if the project has already been completed.
e) A late fee of $30 will be added to any final design invoice that isn’t paid within 20 days of the final invoice date.
f) Until there is no full payment that has been settled yet, revisions and mockups will have a watermark.
a) For Premade, Custom Premade and Custom, when the “Item” purchased is cancelled due to unsettled payment or other reasons, all rights to the "Item" revert to the “Designer” and ALL drafts, concepts, and original art sent by the “Designer” to the “Client” must be returned or destroyed, and ‘Client’ doesn't have a right to use it for any purposes. Unless payment has been made.
b) For Premade, Custom Premade, and Custom, if the “Item” is cancelled, the “Client” agrees that the “Designer” has the right to alter/finish the artwork and post it for sale.
c) For Custom, the “Designer” has the right to rework the design draft/concept that the “Client” did not choose or approve and post it for sale.
d) In case the "Client" is not satisfied with the concept the "Designer" sent, the "Client" can cancel the project before signing the contract. If the “Client” wants to ask for another concept, an additional $30 per concept will be charged.
e) “Client” can ask for the PSD file with the flattened image and text (we will make the text editable if the “Client” has the license or he/she bought the fonts used in “Item”). In case “Client” wants a copy of layered files, “Client” must agree to purchase all images and materials used in the “Item”. Fees for transferring PSD or layered files at the fixed price amount to $750 (eBook/Print).
f) The “Client” must first contact the “Designer” if the “Client” wants to sell the “Item” to another author. The “Client” must agree not to sell the “Item” for a price higher than the “Item's” original price. There will be a fee of $30 for changing the text after the transfer of the license; this will be paid by the “Client” or the new licensee.
g) No fee is charged if the “Client” asks to change the Title, Blurb, book size, or author information even after the project is completed.
a) The “Designer” guarantees the privacy of the “Client” ideas, manuscripts, and files that were sent to the “Designer” to make the “Item”. “Client” information will not be given out or shared with any third party unless otherwise requested by the “Client”. In the event that the project is canceled, all information given by the “Client” in the form of a questionnaire will be removed or destroyed where it was viewed by the "Designer".
b) The “Client” agrees to treat the design concepts sent by the “'Designer'” as confidential unless the “Client” wants some opinion from other people to choose a concept, with the exception of posting or sharing the design concept on social media or any platform where the public can view it anytime. "Client" is not liable if someone from the private group shares the information, even though it was indicated by the "Client" not to share elsewhere other than the private group where the "Client" posted the concept design.
c) Either the project was canceled, or the concept design was not approved, and the “Client” must not use or ask another designer or person to mimic the design concept without the original “Designer's” consent.
VII. ACKNOWLEDGEMENTS AND WARRANTIES
a). “Designer” is the creator of the Artwork. “Designer” retains all rights to the original artworks.
b) It is possible that another Artist not affiliated with the “Designer” could recreate the same Product elsewhere without the “Designer’s” notice, and in this event, the “Client” acknowledges that the “Designer” is not liable in any way.
c) The “Designer” will use all endeavors to ensure that the artworks do not infringe or make unauthorized use of any Intellectual Property Rights of any third party.
d) Your exclusive right is for the book cover as-is. You are not allowed to make modifications or changes of any kind to the “Item” unless you have purchased the PSD/Layered files, had all stock licenses, or asked for “Designer's” Permission.
a) The “Designer” 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 their services. The “Designer” is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on our site or in our clients’ written documents, including without limitation because of any breach of the terms and conditions of this agreement.
IX. PROJECT COMPLETION
a) “The Designer” will provide the final files of the “Item” on the agreed date, unless unforeseeable events occur, through no fault of the “Designer”, that may delay production.
b) If the “Designer” fails to provide the “Item” within two weeks after the agreed deadline, the “Client” may request in a written notice to terminate this Agreement and receive a full refund. In such an event, no damages, suits, actions, or proceedings shall be claimed, instituted, or maintained by the “Client” against the “Designer”.
c) “Client” will receive the blank artwork of the “Item” Just in case the “Designer” is no longer in business, “Client” can use the blank artwork to work on the text details as long as the design doesn’t exceed the limit of the basic license indicated in each stock used.
X. COVER REVEAL AND ATTRIBUTION
a) The “Designer” requires the credit placed in the e-book or print book that recognizes the “Designer” as the artist of the "Item".
b) Also, any other copyright notices or requirements relating to images used when creating the design must also be put in the credit section of the book. The information will be included with the delivery of the final files. “Client” assumes all liability for failure to comply with this requirement or to supply a proper Copyright Notice in the published work.
c) The “Designer” retains the right to include the “Item” in the “Designer” online portfolio or business promotion. For Premade, the “Designer” will immediately post the “Item” in the web portfolio but without the book's information, such as title and author name, if the book hasn't been published yet by the “Client”. Once published, all information will be visible if the “Client” allows the "Designer" or during the cover reveal. For Custom, an “Item” that hasn't been published will be put on the website or portfolio after 2 months when the work is done but without the book's information such as title and author name. Once published, all information will be visible if the “Client” allows the “Designer” or during the cover reveal. The “Designer” will message the “Client” to ask for a specific date for the cover reveal. If the “Client” does not wish their book cover to be used in this manner, they may request it by contacting or messaging us, and their book cover will not be used in this manner.
XI. ENTIRE AGREEMENT
This Agreement contains all the terms agreed to by the "Client" and "Designer" relating to its subject matter. This Agreement replaces all previous discussions, understandings, and oral agreements.
The "client" will get a copy of the contract before or with the final files. "Client" may ask questions or write complaints within 3 days after Client receives the contract. Beyond 3 days, you fully agreed with the contract.
Updated August 20, 2023