TERMS OF SERVICE
COVER DESIGN TERMS & CONDITIONS
This agreement is between SP Designs via selfpubdesigns.com (hereinafter, “Designer”) and the customer (“Client”) who pays the invoice, collectively referred to herein as “the Parties”, for the purpose of designing and creating a book cover (eBook &/or Print &/or Audiobook) hereinafter referred to as “Book Cover”.
This agreement is entered into in good faith.
ACCEPTANCE OF TERMS
By making a purchase from this website or via a custom invoice, the Client indicates acceptance of this agreement and the terms described herein.
All invoices are payable within 2 days of receipt. The grant of any license to use the Book Cover and the images it is created from is conditional upon receipt of full payment.
Payment is due in full at the time of purchase before any changes to the text are done and before the final files are delivered.
An initial deposit of 50% of the agreed price is due before work begins. The final invoice is due before the final files are delivered.
BOOKING FEE FOR CUSTOM SPOTS:
When the project is to be scheduled for a later date, due to the Designer having a waiting list, a non-refundable deposit of $50 is due to hold the project date in the Designer’s calendar. The booking fee will be credited against the initial deposit when the project starts.
This includes, but is not limited to, promo graphics, social media advertising graphics, social media header graphics, website banners & animated book covers. Since these are only available as add-ons to a cover project, payment is due in full at the time of purchase.
DEFAULT IN PAYMENT:
The Client assumes responsibility for all cost outlays by the Designer in the collection of unpaid fees, including but not limited to any legal fees incurred as a result of the default in payment.
Revisions are limited to four rounds before the delivery of final files to the Client. The Designer reserves the right to charge for change requests made after the delivery of final files &/or after four rounds. Changes will be charged at an hourly rate of $60/hr with a minimum of $25. Any typo corrections are free of charge even after final delivery.
For eBooks covers, Audiobook covers, and promotional images the final files delivered will be in .jpg format and will be a flat image of the final work.
For paperback covers, the final file delivered will be a PDF and will be a flat image of the final work.
The client will not receive any raw files, source images, or PSDs.
STOCK IMAGES & FONT LICENSING
All stock images used in a Book Cover are licensed for commercial use with a standard license. For images coming from DepositPhotos.com &/or Shutterstock.com &/or outside 3D rendering shops, neither the Client or the Designer own the copyright of these images, and as such there are limitations to their use.
The Client is licensed to use the images on their Book Cover and in any promotional material promoting the book (including, but not limited to, social media graphics, AMS ads, Bookbub ads, their website). For full details of the image license see the details of the standard license from DepositPhotos.com &/or Shutterstock.com. This explanation does not override any information provided by these sites about their licensing rules. This is simply for reference to help a Client understand what details to look at in a licensing file that will significantly impact their use of the product.
The Client cannot use the images on merchandise items such as, but not limited to, mugs, bookmarks, T Shirts, unless they purchase an Extended License for all the images that have been used. If the Client wishes to create merchandise, the Designer will provide a link for each image and 3D render where the Client can purchase the Extended Licenses.
For images the Designer has created themselves, the Designer retains the copyright to the image and grants the Client a perpetual license to use them on their Book Cover in any format that was purchased and any related promotional material.
For the Book Cover design as a whole, the Designer retains the copyright to the design and grants the Client a perpetual license to use it on the cover of a single book (only in the formats that were purchased) and any related promotional material for that book. The design cannot be used on other books, or for covers of other formats that were not purchased.
All fonts used in a Book Cover are licensed for commercial use on that Book Cover (in any format that was purchased). Should the Client wish to use the font elsewhere, the Designer can provide a link where the Client can purchase the font for their own use.
Font and stock image copyrights and licenses cannot be transferred to the Client.
The Client does not have the rights to modify the delivered Book Cover themselves in any way, including changing the text &/or artwork.
CREDIT FOR WORK
The Client will give credit for the book cover design on the copyright page in their book to the Designer. The credit should read as: “Cover design by Silvana G. Sánchez / SP Designs”
All custom book covers will remain un-revealed until the Client gives the Designer permission to reveal it, or the book is released, whichever comes first.
For any books written under a pen name, the Designer will not reveal the author’s real name unless the Client grants them permission to do so.
All information given to the Designer by the Client for this project will remain confidential and will only be used for the purposes of communication, delivery of files, and facilitation of invoices/payment.
Stock photography fees from images sourced on DepositPhotos.com or one of the 3D render shops are included within the price of the Book Cover. If the Client requires exclusive stock images, or custom renders that the Designer is unable to create, the Client will be responsible for any additional costs those items incur.
CANCELLATION / REFUND
In the event of a cancellation by the Client on a project that is not yet started, the $50 booking fee is non-refundable.
Any requests for refunds must happen before the delivery of the final files. The Designer retains ownership of all copyrights and licenses in the event of a refund and the Designer reserves the right to reuse any rejected &/or refunded concepts they came up with, for other clients or premades.
The Designer reserves the right to display the final cover design in their portfolio, either as soon as the Client gives permission for the cover to be revealed, or as soon as the book is released, whichever comes first.
The Designer reserves the right to display the sale version of the design in their portfolio immediately.
The Designer guarantees to store the final raw files for up to 4 years from the date of final file delivery. Should a file be lost or damaged within that time, the Designer will recreate the file at no cost to the client.
CODE OF FAIR PRACTICE
The Designer has only used stock images and fonts that are licensed for commercial use under a standard license, as a minimum, or created their own images from scratch.
While the individual stock images themselves are not exclusive to the Book Cover, the Designer warrants and represents that, to the best of their knowledge, the design as a whole, with the arrangement of various stock images and any additional digital painting that comprises the final Book Cover is original and has not been previously published.
The Designer has full authority to make this agreement and the Book Cover created by the Designer does not contain any unlawful matter.
The Designer acknowledges they have no legal rights or claims to the written book or content used to develop its storyline.
The Client has full authority to make this agreement and is responsible for checking the licensing of the images and fonts used, as detailed in the final files and for purchasing any extended licenses they need.
This warranty does not extend to any uses that the Client or others may make of the Book Cover that infringes on the rights of others and the Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to the Client using the design in a way that may infringe on the rights of others &/or go against the terms and conditions listed above &/or exceed the authority granted by third party licenses.
LIMITATION OF LIABILITY
MAXIMUM AGGREGATE LIABILITY.
The liability of the Designer for any and all claims related to this Agreement (whether under the theories of breach of contract or warranty, negligence, strict liability or otherwise) will in no event exceed the total amount of Fees, excluding any interest, Client paid to the Designer under this Agreement. The liability of the Designer for any and all claims related to a particular Agreement (whether under the theories of breach of contract or warranty, negligence, strict liability or otherwise) will in no event exceed the total amount of Fees Client paid to the Designer.
EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES. INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE PROVISION OF THIS AGREEMENT, THE DESIGNER WILL NOT BE LIABLE TO CLIENT (OR TO ANY PERSON CLAIMING RIGHTS THROUGH CLIENT) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSS OR DAMAGE TO ANY PROPERTY OR DATA, EVEN IF THE DESIGNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Client agrees that it shall defend, indemnify, save and hold the Designer harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, associated with the Designer’s provided services. This includes liabilities asserted against the Designer, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless the Designer against liabilities arising out of any injury to person or property caused by the produced work. This includes, but is not limited to, infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation that is detrimental to another person, organization, or business.
It is expressly agreed and understood by the Parties that the Designer is performing Services under this Agreement as an independent contractor for the Client and the Designer is neither an employee nor an agent of the Client. The Designer will have sole control over the detailed method of performance of the Services, the manner and method of performing same being under the sole control and discretion of the Designer, and the Client’s only interest being in the results of such Services. The Designer will have no authority to act, to make any representation, to enter into any agreement or commitment or to incur any liability on behalf of the Client.
The validity, performance, and all matters relating to the interpretation and effect of this Agreement and any amendment to this Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, USA, excluding its conflict of laws provisions. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State of Florida and the Parties agree to submit to the jurisdiction of the courts of Sarasota, Florida, USA. In no event shall this Agreement be governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended.
Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, acts of God, fire, floods, earthquakes or other natural disasters, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
LAWS AFFECTING ELECTRONIC COMMERCE
From time to time, governments enact laws and levy taxes and tariffs affecting internet electronic commerce. The Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, indemnify, protect and defend the Designer and its subcontractors from any claim, suit, penalty, tax or tariff arising from the Client’s exercise of internet electronic commerce.
The failure of a Party to exercise any right, power or remedy under this Agreement shall not be deemed a waiver of such right, power or remedy, and shall not modify the terms of this Agreement or waive any similar default.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
This Agreement cannot be modified except by a writing executed by a duly authorized representative of each Party. No modification, amendment, addition to or waiver of any provision of this Agreement shall be effective unless signed in writing by an authorized representative of each party.
This Agreement contains the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement and supersedes all prior written or oral agreements, representations and understandings with respect thereto.
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