BOOK COVER TERMS & CONDITIONS
The purchaser of the book cover artwork will be known as the client.
The designer of the cover art will be known as the designer.
PRIVACY POLICY
1. The designer is committed to ensuring that your privacy is protected. All information we gather from you is used only to provide you with the product you have requested. We will not sell, distribute or lease your personal information to third parties. Should you not wish to continue with a cover at any time, all details you have already submitted will continue to be protected.
PUBLISHING RIGHTS
2. The client acknowledges he/she has obtained all rights and permissions to publish materials to be used in the project and shall be solely responsible for the materials and the validity of copyrights, trademarks and ownership claimed by the client. Client agrees to indemnify, hold harmless and defend the designer and its employees and colleagues from any and all libel and copyright and permission infringement action resulting from materials client provides. The book material client provides must not be a public domain work (unless client is the original author).
3. The designer retains the right to use client’s name and book title on the designer’s website and to market and promote their services once the cover has been revealed to the general public.
OWNERSHIP RIGHTS
4. Upon receipt of full payment, the designer grants the client exclusive license to use the final cover design artwork (PDF and/or JPEG) for their book and/or e-book cover.
5. The client may not resell the design to anyone without the express written approval of the designer.
6. The client will not copy and/or claim the design as his or her own.
7. The client understands that he/she has no right to alter the final cover design in any way except to change size for printing or digital display. The designer does not provide editable, layered PSD files of covers. If the client desires any alterations, he/she will consult the designer. The client understands that additional payments may be required to make these alterations. The purchase of the PSD file will incur an additional, considerable expense.
8. The client agrees to abide by the terms of any license agreement for any images purchased by the designer through a third-party image provider for use in client’s book cover design. The cost of cover design includes the license to use these images and is limited to a print run of up to 250,000 units, and in some cases 500,000 units. For books with a print run over 250,000, additional licensing fees may apply. Images used for client’s cover are royalty-free; however, the photographer owns the copyright to those photographs and they cannot be distributed in any manner other than in the book cover design. Be aware that non-exclusive stock images can be licensed and used by other designers, authors, and the general public.
9. The designer retains the right to use client’s final book cover design, name, and book title in the designers’ portfolio and to market and promote their services. The designer retains copyright and ownership of all design and draft materials.
10. If the client supplies the designer with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing the designer to incorporate them into his/her project. The designer reserves the right to request a copy of secured rights. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
ATTRIBUTION
11. The designer requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such: Cover design by Vanilla Lily Designs.
CLIENT RESPONSIBILITIES
12. Client is fully responsible for proofing the book cover design provided by the designer. It is strongly suggested that client requests a 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 client as a result of using the book cover design. The client agrees to pay additional fees as set out by the designer for any additions or corrections to the cover design, including additional text, that are requested by the client after the final files have been sent.
13. The client is held responsible for adhering to the license terms, and is expected to read through the licensing agreements of every stock site that the images come from to prevent any legal action against them for misuse.
STOCK IMAGES & RESOURCES
14. All retail stock images and resources from stock sites where the designer is subscribed are included in the packages, up to one image. Additional images used in the design may incur an additional charge. Stock images from sites where the designer is not subscribed may incur an additional charge. The designer will supply this information upon request or during the design process.
15. Exclusive stock photos from photographers and models tailored to meet clients’ specific design needs are not included in any of the packages. For example, the client who does not wish to use any of the model stock already available from online stock retailers is responsible for contacting a photographer and arranging a custom photo shoot for the book cover.
COVER DESIGN SERVICES
16. The designer’s fee for design of an e-book cover includes the following:
• A jpeg file formatted for use as an e-book cover at 1600 X 2560 px.
• If required, purchase of a stock image or stock images for use in the book cover design from sites where the designer has a subscription. (If client has specific image requests requiring purchase from sites other than where the designer holds a subscription, additional charges may apply.) Please note that this image is not provided to the client other than in the final design of the cover.
• Online digital delivery of the included cover files.
• 3D and title images are also included upon request.
17. The designer’s fee for design of a print book cover includes the following:
• A complete paperback book cover design and layout of the front, back and spine set to client’s printer specifications. Client must supply or direct the designer to the printer’s template with specifications or written specs.
• A print-ready PDF of the cover to send to the client’s printer delivered to the client via email.
• A full wrap jpeg is available upon request.
• A jpeg file formatted for use as an e-book cover at 1600 X 2560 px.
• An ISBN Bar code can be included on the back of the book if needed, but if so, the client must provide the ISBN bar code image to be placed on the back.
• If required, purchase of a stock image or stock images for use in the book cover design from sites where the designer has a subscription. (If client has specific image requests requiring purchase from sites other than where the designer holds a subscription, additional charges may apply.) Please note that this image is not provided to the client other than in the final design of the cover.
• Online digital delivery of the included cover files.
• 3D and title images are also included upon request.
The book cover design service does not include copywriting or text editing services, or creation of promotional materials, or anything else not specified in the included list above. It is the responsibility of the client to proofread text prior to his/her request for the final files.
PREMADES
18. Only the title, tag line and author’s name can be changed on the premade covers. If an author requires changes to a premade, the possibility must be discussed with the designer prior to purchase. There are no refunds on premade covers.
19. A draft version of the premade cover with the new title and author’s name will be provided to the client for proofreading. No other changes can be made without first paying an additional fee which will be agreed upon by the designer and the client.
20. Once a premade design has been paid for, all sales are final and cannot be returned, exchanged, or refunded.
LIABILITY
21. 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 our 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 as a result of any breach of the terms and conditions of this agreement.
PAYMENT
22. Premade Covers: Full payment is required up front for all premade cover designs unless negotiated before purchase agreement.
23. Custom Covers: Full payment is required up front for all custom cover designs unless negotiated before purchase agreement. A working title may be used and can be changed at any time prior to the final files being sent to the client. If the formatted page count of the book is unavailable, spine and back cover text will be added free of charge, prior to finished files being sent to the client.
24. The designer will not release finished files to the client or other parties until final payment has been received. Any files sent before final payment has been received are not permitted to be used by the client for any advertising or promotion, printed or otherwise, or on any social media post, profile image or website. Client will not remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the designer’s design.
25. Once the finished files have been sent to the client, this contract will be considered fulfilled. The designer retains the right to discontinue, withhold, or suspend services for any account should payments not be paid for a contracted job in the order specified in this agreement.
26. The designer reserves the right to use or repurpose unused mockups to be sold at a later date as premades or in other projects. The designer also reserves the right to repurpose any design where final payment has not been paid within the payment terms agreed upon by the designer and the client.
CANCELLATION POLICY
27. The client or the designer may cancel agreements at any time by providing written notice to the other party. If either client or the designer cancels a project before work has started, neither the client nor the designer is under further obligation to the other, and agreements will be considered cancelled.
28. If the client should stop or cancel a custom book cover design job once mockup(s) have been provided, the client agrees to forfeit 75% of the project total sum. This is to cover resources and time taken during the project up to the point of cancellation. The client will have no rights to any mockups sent to the client and agrees to permanently delete them.
PROJECT SUSPENSION
29. The designer reserves the right to suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique book cover ideas/concepts, is tardy with regard to communication or ceases communication without explanation, and/or shows reluctance in paying the final payment.
Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds, and all designs and work thus developed remain the full ownership of the designer.
COMPLETE AGREEMENT
30. This agreement is the entire agreement of all parties. No additional promises or conditions, written or oral, apply to this agreement that are not included herein
The purchaser of the formatting will be known as the client.
The designer of the formatting will be known as the designer.
FORMATTING TERMS & CONDITIONS
PRIVACY POLICY
1. The designer is committed to ensuring that your privacy is protected. All information we gather from you is used only to provide you with the product you have requested. We will not sell, distribute or lease your personal information to third parties. Should you not wish to continue with a formatting at any time, all details you have already submitted will continue to be protected.
PUBLISHING RIGHTS
2. The client acknowledges he/she has obtained all rights and permissions to publish materials to be used in the project and shall be solely responsible for the materials and the validity of copyrights, trademarks and ownership claimed by the client. Client agrees to indemnify, hold harmless and defend the designer and its employees and colleagues from any and all libel and copyright and permission infringement action resulting from materials client provides. The book material client provides must not be a public domain work (unless client is the original author).
3. The designer retains the right to use client’s name and book title as well as the design for their portfolio and/or advertising on the designer’s website and/or social media to market and promote their services. This will be limited to to page spreads to show design.
OWNERSHIP RIGHTS
4. Upon receipt of full payment, the designer grants the client exclusive license to use the final formatted files.
5. The client agrees to abide by the terms of any license agreement for any images purchased by the designer through a third-party image provider for use in client’s formatting. The cost of formatting includes the license to use these images—depending on package—and is limited to a print run of up to 250,000 units, and in some cases 500,000 units. For books with a print run over 250,000, additional licensing fees may apply. Images used for client’s cover are royalty-free; however, the photographer owns the copyright to those photographs and they cannot be distributed in any manner other than in the book formatting. Be aware that non-exclusive stock images can be licensed and used by other designers, authors, and the general public.
6. If the client supplies the designer with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing the designer to incorporate them into his/her project. The designer reserves the right to request a copy of secured rights. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
ATTRIBUTION
7. The designer should be credited on the copyright page or on the back cover for interior formatting in client’s book as such: Interior formatting by Vanilla Lily Designs.
CLIENT RESPONSIBILITIES
8. Client is fully responsible for proofing the ebook and print file—if applicable—provided by the designer. It is strongly suggested that client requests a 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 client as a result of using the formatting. The client agrees to pay additional fees as set out by the designer for any additions or corrections to the files, including additional text, that are requested by the client after the final files have been sent.
9. The client is held responsible for adhering to the license terms, and is expected to read through the licensing agreements of every stock site that the images come from to prevent any legal action against them for misuse.
STOCK IMAGES & RESOURCES
10. All retail stock images and resources from stock sites where the designer is subscribed are included in the packages—dependent on package. Additional images used in the design may incur an additional charge. Stock images from sites where the designer is not subscribed will incur an additional charge. The designer will supply this information upon request or during the design process.
11. Exclusive stock photos from photographers and models tailored to meet clients’ specific design needs are not included in any of the packages. For example, the client who does not wish to use any of the model stock already available from online stock retailers is responsible for contacting a photographer and arranging a custom photo shoot for the book cover.
FORMATTING SERVICES
12. The designer’s fees for formatting are outlined in the individual packages. Each package includes ePub and PDF.
13. The client is to provide a word document that is formatted with styles. The document should include all pages the client would like included within the book, including but not limited to:
• Copyright page
• Dedication
• About the author
• Also by
The formatting design service does not include copywriting or text editing services, or creation of promotional materials, or anything else not specified in the listing. It is the responsibility of the client to proofread all files and to request changes immediately.
LIABILITY
14. 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 our 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 as a result of any breach of the terms and conditions of this agreement.
PAYMENT
15. Formatting: Full payment is required up front for all design services.
16. The designer will not begin formatting until payment is received.
17. Once the finished files have been sent to the client, this contract will be considered fulfilled. Any services after final files will incur an additional charge.
CANCELLATION POLICY
18. The client or the designer may cancel agreements at any time by providing written notice to the other party. If either client or the designer cancels a project before work has started, neither the client nor the designer is under further obligation to the other, and agreements will be considered cancelled.
19. If the client should stop or cancel a formatting job once work has begun, the client agrees to forfeit 100% of the project total sum.
PROJECT SUSPENSION
20. The designer reserves the right to suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique formatting ideas/concepts, is tardy with regard to communication or ceases communication without explanation.
Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds, and all designs and work thus developed remain the full ownership of the designer.
COMPLETE AGREEMENT
21. This agreement is the entire agreement of all parties. No additional promises or conditions, written or oral, apply to this agreement that are not included herein
STICKERS & OTHER ITEMS TERMS & CONDITIONS
See individual sales of the items for details.