COVER DESIGN BY JERVY
PHOENIX DESIGN STUDIO
BOOK COVER DESIGN CONTRACT (PREMADES / CUSTOM / CUSTOM PREMADES / GIVEAWAY COVERS)
By purchasing covers with us, the client agrees and was bind to the below-stated terms and conditions.
Copyright Usage: For the purpose of designing and creating a Book Cover (eBook/Print).
The “Designer” reserves the right to modify, alter, or add services at any time and without prior notice.
a) The ‘’Designer’’ hereby grants the “Client” the exclusive right to use the following “Item” for his/her e-book, print cover, audiobook, as well as promotional materials. The “Designer” retains all rights of all design and draft materials.
b) The “Designer” hereby affirms that all “Item” covered under this agreement is created by the “Designer” and has a right to use all sourced materials (stock images, fonts, brushes) for the purpose of making the “Item”.
II. THIRD-PARTY LICENSES
a) The “Designer” design or create artwork in the form of Book Covers “Item” consisting of one or more images from stock sites, which “Client” acknowledge and agrees to abide by the terms and condition of the license agreement for the image purchased by the “Designer” through stock photo sites. The third-party license terms can be found on their respective sites. (Depositphotos.com, Istockphoto.com, Neo-stock.com).
b) It is the “Client” responsibility to maintain proper image licensing for the images used in the “Item”. The “Client” may not extract the image from the “Item” to use for other purposes. The cost of the “Item” includes the standard license to use these images, standard license DO NOT COVER things such as physical products or items for resale such as mugs, t-shirts, tote bags, tote bags, calendars, etc. The “Client” will need to purchase an Extended License for this usage and when the limit of the standard license has been exceeded. “Client” must ask the “Designer” about the image website link if the extended license is needed.
c) The forbidden use of the “Item” shall be considered as copyright infringement. The “Client” warrants that the “Designer” cannot in any way be held responsible for any damages or liability of any kind claims made by the Third Parties due to License infringement.
III. CLIENT RESPONSIBILITIES
a) The “Client” is fully responsible for proofing the book provided by the “Designer”. It is strongly suggested that the “Client” requests proof from the printer before publishing or ordering any copies of the book. 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 “Item”.
b) Any combination stock image purchased by the “Client” is exclusive to them and will not be licensed by the “Designer” again. In case “Client” provides materials for the project, the “Client” is solely responsible for the validity of copyrights, trademarks, and ownership. “Client” needs to secure the appropriate rights or license to use the materials for commercial purposes before asking the “Designer” to incorporate it to the “Item”. Any license dispute arises involving materials that the “Client” supplied, the “Client” assumes the full legal and financial responsibility.
IV. BOOK COVER DESIGN SERVICE
a) DELIVERY: The book cover design service includes the following upon full payment:
1) eBook Cover Design- 72dpi, .jpg files, 1600x2560pixels (or any sizes requested by “Client”), mockup for promotional purposes.
2) Print/Full wrap Cover Design- 300dpi, .pdf/.png files, depending on the “Client” requested sizes, mockup for promotional purposes.
b) REVISION: revisions are included in the cost of the “Item” and can be made during the first to the mid-phase. No revisions can be made when the design was finalized, except the changes of text such as Title, blurb, etc. “Client” must ask “Designer” if the changes they want are possible or not. Additional fees will be charged for revisions such as deleting or replacing major designs or redoing the design (after the finalization of the “Item”).
V. PAYMENT AND FEES POLICY
PREMADE & PREMADE CONTINUATION BOOK DESIGN
a) The “Client” must settle the full payment of the “Item”. However, “Designer” allows 2 days reservation of the “Item” if the payment cannot be settled on that day. Until there is no full payment yet, “Designer” only provides the revised “Item” with a watermark during revisions. Turnover takes 24-48 hrs.
b) If “Client” failed to settle the payment within 2 days, the “Designer” has the right to cancel the purchase and sell the “Item” to other “Clients”.
c) In case of cancellation - 100% can be refunded if and only if the “Item” hasn't been altered yet such as book title, author name, blurb, etc. Once the cover has been altered, or if "Client" has received files of revisions/proofing the purchase is final, then only 70% can be refunded. For the next series continuation, 100% is refundable if the "Client" is not satisfied with the received concept/draft design except when the design is final.
CUSTOM & CUSTOM CONTINUATION BOOK COVER DESIGN
a) “Client” required to pay the initial deposit of $30 upon the approval of initial sketches. The remainder payment will be due upon the approved final “Item”. In some cases, we will not invoice a deposit means full payment will be during the final process.
b) Unlimited Revisions, but additional fees apply when redoing the design such as replacing major designs.
c) The Cover drafting (stock images) takes 3-5 days after the initial sketch is approved. Illustrative Artwork (hand-drawn) takes 1-2 weeks. All rush jobs will constitute a $100 rush charge.
d) The deposit ($30) serves as the cancellation fee if for any reason the job is canceled or postponed during the working process. 100% is non-refundable if the project has already been completed.
e) A late fee of $30 will be added to any final design invoice that isn’t paid within 20 days of the final invoice date.
f) Until there is no full payment that was settled yet, revisions, mockups will have a watermark.
a) For Premade, Custom Premade and Custom when the “Item” purchased canceled due to unsettled payment, or other reasons, all rights to the "Item" revert to the “Designer” and ALL draft/concepts and original art sent by the “Designer” to the “Client” must be returned or destroyed, and ‘Client’ doesn't have a right to use it for any purposes. Unless payment has been paid.
b) For Premade, Custom Premade, and Custom, if the “Item” is canceled, the “Client” agrees that the “Designer” has the right to alter/finish the artwork and post it for sale.
c) For Custom, the “Designer” has the right to rework the design draft/concept that the “Client” did not choose nor approved and post for sale.
d) In case the "Client" is not satisfied with the concept the "Designer" sent, "Client" can cancel the project before signing the contract. If the “Client” wants to ask for another concept, an additional $30 per concept will be charged.
e) “Client” can ask the PSD file with the flattened image and text (we will make the text editable if the “Client” has the license or he/she bought the fonts used in “Item”). In case “Client” wants the copy of layered files, “Client” must agree to purchase all images/materials used in the “Item”. Fees for transferring PSD/Layered Files at the fixed price amount to $350 (eBook/Print).
f) The “Client” must contact first the “Designer” if “Client” wants to sell the “Item” to another author. The “Client” must agree not to sell the “Item” for a price higher than the “Item's” original price. There will be a fee of $30 for changing the text after the transfer of license, this will be paid by the “Client” or the new licensee.
g) No fee is charged if “Client” asks to change the Title, Blurb, book size, Authors info even after the project is completed.
a) The “Designer” guarantees over the privacy of the “Client” ideas, manuscript, and files that were sent to the “Designer” to make the “Item”. “Client” information will not be given out or shared with any third party unless otherwise requested by the “Client”. In case, the project was canceled, all information given by the “Client” in form of a questionnaire will be removed or destroyed where it was viewed by the "Designer".
b) The “Client” agrees to treat the design concepts sent by the “'Designer'” as confidential unless if the “Client” want some opinion from other people to choose a concept but with the exception of posting or sharing the design concept in social media or any platform where the public can view it anytime. . "Client" is not liable if someone from the private group shares the info even though it was indicated by the "Client" not to share elsewhere other than the private group where the "Client" post the concept design.
c) Either the project was canceled or the concept design was not approved, the “Client” must not use and ask another designer or person to mimic the design concept without the original “Designer's” consent.
VII. ACKNOWLEDGEMENTS AND WARRANTIES
a). “Designer” is the creator of the Artwork. “Designer” retains all rights to the original artworks.
b) It is possible that another Artist not affiliated with the “Designer” could recreate the same Product elsewhere without the “Designer’s” notice and in this event, the “Client” acknowledges that the “Designer” is not liable in any way.
c) The “Designer” will use all endeavors to ensure that the artworks do not infringe or make unauthorized use of any Intellectual Property Rights of any third party.
d) Your exclusive right is for the book cover as-is. You are not allowed to make modifications or changes of any kind to the “Item” unless you have purchased the PSD/Layered files you have all stock licenses or asked for “Designer's” Permission.
a) 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 their services. The “Designer” 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 because of any breach of the terms and conditions of this agreement.
IX. PROJECT COMPLETION
a) “The Designer” will provide the final files of the “Item” on the agreed date, unless unforeseeable events occur, through no fault of the “Designer”, that may delay production.
b) If the “Designer” fails to provide the “Item” within two weeks after the agreed deadline, the “Client” may request in a written notice to terminate this Agreement and receive a full refund. In such event, no damages, suits, actions, or proceedings shall be claimed, instituted, or maintained by the “Client” against the “Designer”.
c) “Client” will receive the blank artwork of the “Item” just in any case the “Designer” will be no longer in the business, “Client” can use the blank artwork to work for the text details as long as the design won’t exceed the limit of the basic license indicated in each stocks used.
X. COVER REVEAL AND ATTRIBUTION
a) The “Designer” requires the credit placed in the e-book or print book that recognizes the “Designer” as the artist of the "Item".
b) Also, any other copyright notices or requirements relating to images that were used when creating the design must also be put in the credit section of the book. The information will be included with the delivery of the final files. “Client” assumes all liability for failure to comply with this requirement or for failure to supply proper Copyright Notice in the published work.
c) The “Designer” retains the right to include the “Item” in the “Designer” online portfolio or business promotion. For Premade, the “Designer” will immediately post the “Item” in the web portfolio but without the book's information such as title and author name if the book hasn't been published yet by the “Client”. Once published or if the “Client” allowed the "Designer" or during the cover reveal, all info will be visible. For Custom, “Item” that hasn't been published will be put in the website/portfolio after 2 months when the work is done but without the book's information such as title and author name. Once published or if the “Client” allowed the “Designer” or during the cover reveal, all info will be visible. The “Designer” will message the “Client” to ask for a specific date for the cover reveal. If the “Client” does not wish their cover to be used in this manner they may make a request by contacting/messaging us and their book cover will not be used in this manner.
XI. ENTIRE AGREEMENT
This Agreement contains all the terms agreed to by the Client and Designer relating to its subject matter. This Agreement replaces all previous discussions, understandings, and oral agreements.
Client will get a copy of contract before or with the final files. Client may ask question or written complains within 3 days after Client received the contract, beyond 3 days means you fully agree with the contract.
The "Designer" will be credited on the back cover or inside the book as:
Cover Design by Jervy Bonifacio