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Terms & Conditions​

Client agreement

1. The Client warrants that they have obtained all proper rights, permissions, or licenses for the project (and that the project is not a public domain work, unless the Client is the original author) and shall be solely responsible for the materials and the validity of copyrights, trademarks and ownership claimed by the Client.

 

2. The Client agrees to indemnify, hold harmless and defend the Cover Designer from any and all libel and copyright and permission infringement action resulting from materials the Client provides.

 

Licenses and approvals

3. The Cover Designer declares that they have obtained all proper rights or licenses for all images used in creation of the book cover/digital artwork (hereafter referred to as the ‘Work’).

4. The Cover Designer warrants that they will not use AI generated art in the production of their Work.

5. The Cover Designer will retain the right to include the Work in their online portfolio or in business promotion material.

6. The Cover Designer does not own or have right or title to the project containing the Work, nor the right to receive any royalties on project, or derivative works containing the Work.

7. The Cover Designer hereby represents and warrants that they are the creator of the Work and that it does not contain any unlawful material.

8. All stock images are purchased under a standard license through Depositphotos.com or Shutterstock.com. Please review their license policy for its restrictions. If an extended license is required, this will result in additional costs.

Services

9. In consideration of the payments provided in this Agreement, the Cover Designer agrees to perform the following services:

a. Ebook/digital artwork:

i. A book cover design, set to 6 x 9 inch dimensions; or

ii. Production of a single artwork to the Client’s required dimensions; and

iii. Purchase of digital stock files as required; and

iv. A total of 3 mock-up drafts will be available for review; and

v. Online digital delivery of the files via email (with Work supplied in .jpeg format).

b. Print book artwork:

i. A complete book cover design, including front, back and spine artwork, set to the Client’s printer requirements. The Client must supply or direct the Cover Designer to the printer’s specifications; and

ii. A print-ready 300 DPI PDF file; and

iii. Purchase of digital stock files as required; and

iv. Inclusion of an ISBN barcode, if required. The Client must provide the ISBN bar code image; and

v. Online digital delivery of the files via email.

c. Premade book cover artwork:

i. Provision of the premade book cover (with Work supplied in .jpeg format); and

ii. Alteration of the title and author/s name/s only; and

iii. Provision of a cover mock-up with the Client’s new title and author/s name for review; and

iv. Online digital delivery of the files via email.

Payments

10. Payment is required upfront for all premade designs. Transfer of purchased digital files will occur after Cover Designer receives payment in full.

11. For custom designs, a deposit of 50% is required, with the balance to be paid in full upon delivery of the final Work. Transfer of purchased digital files will occur when Cover Designer receives payment in full. Any additional revisions will incur a fee of $15 USD each.

12. The following fees apply to additional cover formats and/or files:

a. $50 USD per book per paperback cover; and/or

b. $75 USD per book per hardback cover, including dust jacket; and/or

c. $25 USD per book per audiobook cover; and/or

d. $15 USD per book per title file, or marketing material, unless included in original quote; and

13. Once paid for, all sales are final and cannot be returned, exchanged, transferred, or refunded.

Ownership Rights

14. The Cover Designer grants the Client an exclusive license to use the final purchased Work for their project and associated promotional materials.

15. The Cover Designer reserves the right to re-purpose unused mock-ups for sale as premade book covers.

16. The Client understands that they cannot alter the Work in any way, nor can they give the Work to anyone else for editing. Any changes to or copying of the final Work is strictly prohibited.

17. The Client cannot give the Work to a Publishing House of any kind, including audio publishers (except when self-publishing to said audio publisher). If the Client is contracted by a Publishing House, they must contact the Cover Designer to arrange a separate licensing agreement for the Work.

Attribution

18. If requested, the Client must identify the Cover Designer as the creator of Work in the book:  “Cover design © Amanda Pillar”.

Cancellation, and Expiration

19. If the Client does not want or refuses to receive the Work, the Cover Designer may decide whether or not to complete Work and will exclusively retain all right to the Work that has already been made. If this circumstance occurs, the Cover Designer is entitled to keep the payments that have been made thus far.

Limitation of Liability

20. Client agrees that Cover Designer will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from Cover Designer's performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.) However, this clause is voided if it is discovered if the Work has been plagiarized by the Cover Designer. In the event that this situation occurs, the Cover Designer is then liable for any damages incurred.

Dispute Settled by Arbitration, and Governing Law

21. Any dispute under or about this Agreement must be submitted to and resolved by arbitration. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of Victoria, in the country of Australia.

Agreement

22. No additional promises or conditions, written or oral, can be applied to this Agreement unless provided in writing, and agreed to by the Client and the Cover Designer. Acceptance of this Agreement by the Client will occur when payment is made for the Work.

 

SMOKING HOT COVERS | AMANDA PILLAR

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