TERMS AND CONDITIONS


1. COVER DESIGN SERVICES

1.1. The book cover design service includes the following:

1.1.1. A complete paperback book cover design and layout of the front, back and spine adhering to specific guidelines provided by the Client who is responsible for supplying or directing the Designer to the printer’s template with specifications. (Page counts can be adjusted one time later free of charge). In the case where page count is unknown at the beginning of work, a rough estimate should be provided by Client.

1.1.2. A like design formatted for use as an e-book cover.

1.1.3. Smaller images of the book cover suitable for promotional use in print or on the web such as thumbnails and preview images.

1.1.4. Purchases of stock images for use in the book cover design. (The book cover design service does not include anything else not specified in the included list above. Unless agreed upon in writing as an addendum to the contents of this contract. Any such addendum may be subject to additional costs provided by the Client.)


2. MOCK-UPS and REVISIONS

2.1. The Designer will provide the Client with up to 2 mock-ups (more may be provided at the discretion of the Designer) of the book cover design. After the Client receives the initial book mock-up(s), the Client may either accept the provided design as is, request changes to the design or reject the design completely and ask for a new mock-up. Major changes to the book cover design after a mock-up has been approved will incur additional charges to be negotiated by both parties.


3. CLIENT RESPONSIBILITIES

3.1. The Client is responsible fully, for proofing the book cover design provided by the Designer and is strongly suggested that the Client requests a proof from the printer before publishing or ordering any copies of the book to ensure optimal formatting, color and image quality. 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 book cover design provided by Designer.


4. OWNERSHIP RIGHTS

4.1. Upon receipt of full payment, the Designer grants the Client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her book cover and associated promotional materials.

4.2. 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. 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 and must require written consent by the Designer.

4.3. 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 the Client’s book cover design. The cost of the cover design includes the license to use these images. The book cover design may not be reproduced more than 500,000 times in physical print form (book cover, promotional materials). For use over the above mentioned number additional licensing fees may apply. This restriction does not apply to electronic reproduction. Images used for the client’s cover are royalty-free; however, the photographer owns the copyright to those photographs and original photos cannot be distributed in any manner other than in the book cover design or above named promotional use.

4.4. For books with a print run over 500,000 the Designer may negotiate a flat fee or a percentage to be agreed upon by both parties for additional royalties.

4.5. The Designer retains the right to use client’s final book cover design, name, and book title in her portfolio and to market and promote her services. The Designer retains copyright and ownership of all design and draft materials. If requested, the Designer will not include covers that have not officially been revealed by Client until after their reveal date.

4.6. If the Client supplies the Designer with text, graphics, photographs or other material 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. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.


5. ATTRIBUTION

5.1. Designer requires cover design credit to appear in client’s e-book as such: “Cover art and design by Mihaela Voicu."


6. PAYMENT

6.1. The Client agrees to pay an initial deposit of half the total cost before work will begin on the project. The remaining balance is due upon approval of final book cover design. The Designer will not release finished files to the Client or other parties until final payment has been received. The final payment is also final approval of the project, and the contract as defined herein will be considered fulfilled and thus, terminated barring consensually approved caveats and addendums provided within. 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.


7. REFUNDS AND CANCELLATIONS

7.1. Either the Client or the Designer may cancel this agreement at any time by providing written notice to the other party. If either Client or Designer cancels a project before work has started, neither Client nor Designer is under further obligation to the other, and this contract will be considered cancelled.

7.2. If Client should stop or cancel a book cover design job once it has started (from the point at which initial mock-ups have been provided), Client agrees to forfeit all payments made up until that point of the project completion. This is to cover resources and time taken during the project up to the point of cancellation. Client will have no rights to any mock-ups sent to the client and agrees to destroy them.


8. CONFIDENTIALITY

8.1. All correspondence, documents, artwork, conceptualization and preliminary discussion as well as Client and Designer information and materials are considered proprietary and confidential and as such are only for use by the Designer to provide quotation or completion of a the provided agreement. The project from either parties’ materials will not be given out or shared with any third party, unless otherwise requested by the Client.


9. LIABILITY

9.1. 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 services rendered. The Designer is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on the Designer`s site (prior to receipt of written request for correction of error from the Client) or in the Client`s written documents (prior to receipt of written request for correction of error from the Designer), including without limitation as a result of any breach of the terms and conditions of this agreement.

9.2. If corrections are not performed within 60 days of written notice by wronged party, then clause 10.1 is to be void and legal actions may be sought after a letter of intent is sent via confirmed receipt to the offending party and a 30 day period of correction is provided. At the end of this 30 day period then legal action may be taken by either party.


10. COMPLETE AGREEMENT

10.1. 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 or are amended to this document with both parties’ consent.


11. MODIFICATION OF AGREEMENT

11.1. Modification of any provisions of this agreement is not valid and enforceable unless confirmed in writing and signed by all parties either in hardcopy or by e‐signature.


12. SEVERABILITY

12.1. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable. By purchasing Mihaela Voicu’s book cover design services, you are declaring that you have read and agree to the terms of this contract.

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