Terms and Conditions Contract
The following terms and conditions contract is required for all premade and custom book cover purchases and orders.
All premade purchases require acceptance of the below terms and conditions before making final checkout payment. Before a custom book cover design or graphic design project can begin, clients are required to agree to and sign the below contract as supplied through the Dubsado client portal. These terms and conditions are subject to change without notice. Always read your contract before signing.
Paradise Cover Design Contract
These terms and conditions constitute a legally binding agreement between you (“Client”) and Melony Paradise (“Designer”) of Paradise Cover Design. This agreement constitutes an order for design services.
Scope of Work
Designer will create a book cover design as part of Client’s chosen design package including, but not limited to, one ebook cover. Design concept mock-up(s) will be delivered within 3-5 days of scheduled start date, unless otherwise discussed between Designer and Client.
Design revisions are limited based on the design package chosen by Client. Revisions are defined as minor changes, requested by Client, to the selected mock-up. Any changes resulting in alterations of 40% or more of the initial mock-up design are considered major changes. Major changes will be performed at the rate of $50 per hour, with a minimum of one hour, in addition to the initial package price.
All client information and materials are considered confidential and only for use by Designer to provide a quote or complete a project. Client information and project materials will not be given out or shared with any third party, unless otherwise requested by Client.
- Upon receipt of final payment, Client has limited, non-transferable rights to use design for intended ebook and print book.
- Artwork and design may not be sold, reused, or used out of context.
- Unaltered, finished book cover design may be used/included on promotional merchandise, provided the usage is in accordance with the rights and limitations of the licensing agreement of the stock image provider(s). Please read below for more information regarding licensing.
- Designer maintains full rights and ownership of all original artwork and cover design.
- 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 Client desires any alterations, he/she must consult Designer. Client understands that additional payments may be required to make these alterations.
- Client agrees to abide by the terms of any license agreement for any images purchased by Designer from a third-party image provider for use in Client’s book cover design. The cost of cover design includes the standard license to use these images in the design and is limited to a print run of 200,000 – 500,000 units, depending on the provider. For books with a print run over these limits, additional licensing fees may apply. Client is responsible for educating themselves of the licensing terms for third-party image providers. Links to providers available upon request.
- Custom cover design package prices include the cost of standard stock images from websites such as Depositphotos or Shutterstock. Premium stock images and extended licenses are not included in package prices. Client is responsible for the cost of premium stock images and/or extended licenses.
- 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.
- Designer retains the right to use Client’s final book cover design, name, and book title in Designer’s portfolio and to market and promote their services. Designer retains copyright and ownership of all design and draft materials.
- Designer retains the right to display final book cover design, or any version of book cover design from during the design process that Designer feels best represents their skills. Designer will allow reasonable amount of time for Client to publicly reveal book cover design, up to one year, unless otherwise discussed with Designer.
- Client understands and agrees that Designer retains full rights to any unused or discarded concepts. Designer retains the right to modify and display, repurpose, or sell unused or discarded concepts.
- All elements of the book cover design are considered part of the overall artwork, including the text and styling. Raw PSD files will not be provided to the client.
Designer requires cover design credit appear in Client’s book (digital and print) as such:
“Cover design by Melony Paradise of Paradise Cover Design”
*Include link to www.paradisecoverdesign.com when possible
Client is fully responsible for proofing the book cover design provided by Designer. At no time will 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.
Payment & Delivery
- For premade book cover designs: Premade book cover designs must be paid for in full before revisions will be made.
- For custom book cover designs: A $50 booking fee is required to reserve booking date on Designer’s schedule. Project invoice must be paid in full before work will commence. During the design process, mock-ups and drafts will be sent to the Client in low-resolution, watermarked files. Client agrees not to share unfinished design on public forums, such as Facebook, Twitter, Instagram, etc.
- Designer will not release finished files to Client until final payment has been received.
If Client needs changes to the book cover design after the final files have been approved and delivered, any additional work will be performed at the rate of $50 per hour with a minimum of one hour.
- Either Designer or Client may terminate the project at any time before final project files are delivered. Notice must be given by email.
- In the event that Client cancels the project with more than one weeks advance notice, Client agrees to pay to Designer a cancellation fee in the amount of $50, or forfeit the previously paid $50 booking fee. If Client cancels project with less than one week notice, client agrees to pay to Designer 50% of the project fee, which Client agrees represents reasonable compensation. The remaining balance will be refunded within thirty days.
- In the event that Designer cancels the project before the work has started, Client will receive a full refund of any payments already received. If work has begun on the project, no further expenses will be owed.
- If cover is not approved within 7 days of final proof being delivered, the project will be considered terminated and the remaining balance will be due.
- If the project is terminated for any reason, all artwork and digital files will be kept by Designer to be used or discarded at their discretion.
- All materials delivered to Client, i.e. mock-ups, concept designs, screenshots, etc., must be deleted upon request for cancellation of the project. Any use of work done in connection with the project without Designer’s consent could result in additional fees or legal action.
- In the event Client misses scheduled project appointment or is a No-Show, Client forfeits rights to any refunds. Any fees already paid may only be used towards future projects.
Refunds And Resales
- In the unlikely event that client is refunded for any fees pertaining to the design project, before, during, or after work has commenced, client forfeits any rights, license, or usage of the design project.
- In the event client disputes any charges for the design project and receives a refund, before, during, or after work has commenced, all rights, license, and usage is revoked.
- Melony Paradise and Paradise Cover Design retains the rights to the cover design and the right to sell the cover design.
- Client understands that all sales are final, and all graphics, including book covers (ebook and print), social media graphics, audiobook covers, and any other graphic created by Designer for client may not be resold.
- Client agrees Designer is not liable for damages of any kind, including loss of revenues, profits, business, reputation, or data, in any way related to their services.
- Client agrees Designer is not responsible for any claim, loss, or injury based on errors or inaccuracies once the design has been approved.
- Client agrees Designer is not responsible for missed deadlines due to Client’s request for additional changes.
- Client acknowledges that estimated delivery dates may change at any time due to illness, family emergency, act of nature, etc. Designer will make a good faith effort to contact the Client via email in order to agree upon a new project completion date.
Code of Fair Practice
Designer acknowledges that to the best of her knowledge, the work prepared is an original creation and has not been previously published and/or consent to use has been obtained on an unlimited basis.