Terms and Conditions for Book Covers and Render Stock
Premade and Custom Book Cover Design
Terms and Conditions
- The client acknowledges he/she owns the copyright and holds the necessary publishing rights for the materials to be used in any projects that will include designs created by Melony Paradise.
- Client agrees to indemnify, defend, and hold harmless Melony Paradise from any and all copyright and permission infringement action resulting from materials Client provides.
All client information and materials are considered confidential and only for use by Melony Paradise 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 the 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 250,000 – 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. 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 Melony’s portfolio and to market and promote her services. Designer retains copyright and ownership of all design and draft materials.
- 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 (including all text) 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. Designer will send an invoice via Paypal, due upon receipt.
- For custom book cover designs: A 50% deposit is required before work will commence. Designer will send an invoice for the deposit via Paypal. Upon approval of final design, Designer will send an invoice via Paypal for the remaining balance, due upon receipt. 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. The final payment is also final approval of the project, and this contract will be considered fulfilled and thus, terminated. Finished files will be delivered via email after full 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 $25 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.
- Client acknowledges and agrees that Designer has reserved availability to work for the projected time required to complete the design project, and that by reserving such availability, Designer necessarily forgoes opportunities to work on other projects for other clients. Accordingly, Client agrees that, in the event of cancellation by Client, Client agrees to pay to Designer a cancellation fee in the amount of 50% of the project cost, or forfeit the previously paid 50% deposit, which Client agrees represents reasonable compensation for such lost opportunities.
- 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 her 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.
- 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 her 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
Melony Paradise 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.
Acceptance of Terms
- Payment and acceptance of payment constitutes agreement of these terms and conditions.
3D Render Stock Terms and Conditions
All images purchased from Paradise Cover Design are licensed as royalty-free, single seat, non-exclusive, and single use. Images may be used for personal and commercial projects, subject to the terms and conditions provided herein. Images from Paradise Cover Design are intended for, but not limited to, use in book cover design and related marketing materials.
Melony Paradise retains copyright to all images provided on the Paradise Cover Design website and grants purchaser limited license to use image in accordance with the terms of this agreement.
- By downloading any file from Paradise Cover Design website, you agree to be bound by the terms of this agreement.
You may use image for:
- Unlimited projects. Image(s) must be integrated into a larger piece of art, or heavily modified/manipulated, and may not be used as-is without written permission
- Marketing materials related to the book cover or artwork design (i.e. postcards, bookmarks, flyers, or any disposable paper products)
- Digital use related to the book cover or artwork design with unlimited electronic impressions (i.e. book blog, advertising, author website)
- Up to 500,000 physical print copies related to the book cover or artwork design, including merchandise for Free Distribution (i.e. event marketing giveaways)
- Any genre, including romance (excluding erotica, and any use listed under “Prohibited Use”), with no limitations regarding race, age, gender, or sexual orientation
You may not:
- Claim the image as your own
- Redistribute or resell the unmodified image
- Use the image in any template
- Use the image for print-on-demand merchandise or any item for resale (where the value of the item is directly related to the image) without purchasing an extended license
- Use the image to create an official logo, company name, or trademark
- Use the image for SPAM mailings, deceptive advertising, or in any way the infringes on the intellectual property rights of the copyright holder
- Use the image in a way that competes with Paradise Cover Design
- Use any image purchased from Paradise Cover Design in sensitive scenarios that could reasonably be considered pornographic, libelous, or illegal
- Use the image for advertisement or promotion of tobacco or alcohol products
Any forbidden use of the image shall be considered as copyright infringement. You shall be liable for all damages caused by copyright infringement, including any claims made by third parties. Melony Paradise and Paradise Cover Design reserves the right to recall your license of any image you have used in a manner considered as copyright infringement.
An Extended license includes all permitted uses under the Standard license, does not have any limits on the number of copies, prints, or displays and allows you to use the downloaded image for the creation of print-on-demand merchandise or items for resale.
- To obtain an extended license, please contact Paradise Cover Design.
The Standard and Extended licenses are single seat licenses. A single-seat license authorizes only the person who purchased the image(s) to use the downloaded image(s) from Paradise Cover Design.
DURATION OF THE AGREEMENT
Your rights to use the image are subject to this agreement, and you shall enter into this agreement after having downloaded any file. You have the right to use the downloaded image provided there are no chargebacks or returned payments. In the event of a chargeback or returned payment, you shall lose rights to use the downloaded image(s), and you must stop using the image(s) or any derivative work and take all necessary efforts to stop using them until image license fee is paid in full. In addition, you shall reimburse Paradise Cover Design for all reasonable expenses (including attorneys’ fees) incurred in the collection of the payments. Melony Paradise and Paradise Cover Design reserves the right to revoke or modify any license granted by this Agreement or replace any image with a similar/alternative one for any reason.