PUBLISHING RIGHTS AND BRAND NAMING
1. The client acknowledges he/she has obtained all rights and permissions to publish materials to be used in the project and shall be solely responsible for the materials and the validity of copyrights, trademarks and ownership claimed by the client. Client agrees to indemnify, hold harmless and defend Cover Couture and its employees from any and all libel and copyright and permission infringement action resulting from materials client provides. The book material client provides must not be a public domain work (unless client is the original author).
CONFIDENTIALITY
2. All client information and materials are considered confidential and only for use by Cover Couture 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.
3. Cover Couture retains the right to use client’s name and book title on Cover Couture’s website and to market and promote our services.
OWNERSHIP RIGHTS
4. Upon receipt of full payment, Cover Couture grants the client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her book and/or e-book cover and associated promotional materials.
5. The client understands that he/she has no right to alter the final cover design in any way. If the client desires any alterations, he/she will consult Cover Couture. The client understands that additional payments may be required to make these alterations. Should the client wish to purchase the rights to the editable and raw PSD files used for the creation of their project, they may purchase them at an additional fee to be discussed with Cover Couture.
6. The client agrees to abide by the terms of any license agreement for any images purchased by, Cover Couture, through a third-party image provider for use in client’s book cover design. The cost of cover design includes the license to use these images and is limited to a print run of up to 250,000 units. For books with a print run over 250,000, additional licensing fees may apply. 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.
7. Cover Couture retains the right to use client’s final book cover design, name, and book title in Cover Couture’s portfolio and to market and promote our services beginning as soon as the final art has been approved by the client at the time of services rendered. Cover Couture retains copyright and ownership of all design and draft materials.
8. If the client supplies Cover Couture with materials 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. Cover Couture reserves the right to request a copy of secured rights. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
ATTRIBUTION
9. Cover Couture requires cover design credit appear in client’s book (on the copyright page) as such: “Cover design © Cover Couture”
CLIENT RESPONSIBILITIES
10. Client is fully responsible for proofing the book cover design provided by Cover Couture. It is strongly suggested that client requests a proof from the printer before publishing or ordering any copies of the book. At no time will Cover Couture 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.
COVER DESIGN SERVICES
11. Cover Couture’s fee for design of a print book cover includes the following:
- A complete paperback book cover design and layout of the front, back and spine set to client’s printer specifications. Client must supply or direct Cover Couture to printer’s template with specifications or written specs.
- A 300 DPI, print-ready PDF or .jpeg or .png of the cover to send to client’s printer delivered to the client via email.
- A 300 DPI .jpeg or .png file formatted for use as an e-book cover.
- An ISBN Bar code can be included on the back of the book if needed, but if so the client must provide the ISBN bar code image to be placed on the back.
- If required, purchase of a stock image or stock images for use in the book cover design. (If client has specific image requests, additional charges may apply.)
- Online digital delivery of the included cover files.
12. Cover Couture’s fee for design of an e-book cover includes the following:
- A 300 DPI .jpeg file formatted for use as an e-book cover.
- If required, purchase of a stock image or stock images for use in the book cover design. (If client has specific image requests, additional charges may apply.)
- Online digital delivery of the included cover files.
The book cover design service does not include copywriting or text editing services, or creation of promotional materials, or anything else not specified in the included list above.
PREMADES
13. Only the title and authors name can be changed on the premade covers.
14. A draft version of the premade cover with the new title and authors name will be provided to the author for copy checking. No other changes can be made without first paying an additional fee which will be agreed upon by Cover Couture and the Client.
15. Once a premade design has been paid for, all sales are final and can not be returned, exchanged, transferred, or refunded.
LIABILITY
16. Cover Couture 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 our services. Cover Couture is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on our site or in our clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.
PAYMENT
17. Full payment is required upfront for all premade cover designs and any other graphic work outside of custom cover designs.
18. Client agrees to pay a non-refundable initial deposit of half the total cost (of the project) to schedule their spot and before work will begin on a custom cover project. The remaining balance is due upon approval of final book cover art. Cover Couture 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 this contract will be considered fulfilled and thus, terminated. Cover Couture 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.
19. Cover Couture reserves the right to re-purpose unused mockups to be sold as premade book covers. Cover Couture also reserves the right to re-purpose any design where final payment has not been paid within a specified amount of time agreed upon by Cover Couture and the Client.
CANCELLATION POLICY
20. The client or Cover Couture may cancel agreements at any time by providing written notice to the other party. If either client or Cover Couture cancels a project before work has started, neither the client nor Cover Couture is under further obligation to the other, and agreements will be considered cancelled.
21. If the client should stop or cancel a book cover design job once it has been scheduled and deposit paid, the client agrees to forfeit 50% of the project total sum (the non-refundable deposit portion). This is to cover the spot you booked on the calendar, resources, and/or time taken during the project up to the point of cancellation. The client will have no rights to any mockups sent to the client and agrees to destroy them. If the client should stop or cancel an editing job once it has started, the client will pay for the work completed through the date of cancellation.
PROJECT SUSPENSION
22. We sincerely request that you trust us to do the job you are paying Cover Couture to do. That you will take suggestions, and ideas, to be in your best interests. We take pride in our work and are not art-workers, therefore, any form of micro-managing, or forced art direction during the development of the project will not be tolerated.
We reserve the right to suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique book cover ideas/concepts, and/or shows reluctance in paying the final payment.
Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Cover Couture.
COMPLETE AGREEMENT
23. 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.