Terms of Service

 

These Terms of Service, when agreed to and accepted by you (the Client) after you enter your full legal name and click “I have read and accept the Terms of Service” will create a binding and legally enforceable contract between you (the Client) and Book Covers Art. Please read these terms and conditions carefully before submitting your form.

  1. DESIGNER RESPONSIBILITIES

1.1 Book Covers Art is bound by contract to deliver a one-of-a-kind e-book cover and optional add-ons to the Client, which have been designed with the Client’s wishes in mind. 1.2 Cover design is the visual appearance of the front cover of your book. For premade, custom, and illustrated covers, unless agreed between the parties (with the payment of an additional fee), in no case will the artwork of the front be continued onto the back cover, even in the case of the purchase of the paperback add-on. 1.3 Book Covers Art will never infringe the copyright of another designer’s work unless express permission has been granted to mimic said art. In the case of series continuations, the burden of proof is with the Client. 1.4 The Custom Cover Package and the Illustrated Cover Package include three review rounds during which the Client can request changes to the design without additional fees. All following rounds come with a $30 fee each. 1.5 The Premade Cover Package includes one review round for textual changes to the design without additional fees. All subsequent individual changes come with a $30 fee.

  1. FILES DELIVERED

2.1 The artwork will be delivered in JPG format for ebook covers and in PDF format for printable covers. All other optional add-ons will be either in PNG or JPG format. According to international copyright law, we can't sub-license the stock images we use, so fully layered PSD source files will never be provided.

  1. PUBLISHING RIGHTS

3.1 In the case of Client-provided images to be used in the project, the Client acknowledges they have 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. The Client agrees to indemnify, hold harmless, and defend Book Covers Art from any and all copyright and permission infringement actions resulting from materials the Client provides. The book material the Client provides must not be a public domain work (unless the Client is the original author).

  1. CONFIDENTIALITY

4.1 All Client information and materials are considered confidential and only for use by Book Covers Art 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.

  1. OWNERSHIP RIGHTS

5.1 Upon receipt of full payment, Book Covers Art grants the Client an exclusive license to use the final cover design artwork (PDF, JPEG, or other publishing-ready format) for their e-book cover and associated optional add-ons. 5.2 The Client understands that they have no right to alter the final cover design in any way except to change size for printing or digital display. As well as the image, the title, layout, and all graphic elements on the cover are copyrighted and are therefore the property of Book Covers Art and can't be used without explicit permission. Only any logos, trademarks, and other graphic material provided by the client are excluded. If the Client desires any alterations, they will consult Book Covers Art. The Client understands that additional payments may be required to make these alterations. 5.3 Book Covers Art uses its own images or images bought on various stock image sites. Those stock image sites have different license terms but those used allow the use of each image up to 250,000 or 500,000 printed copies; digital impressions are usually unlimited. It is the Client's responsibility to inform Book Covers Art of the need to extend such a license, then the Client will be pointed to where to buy the related licenses. The Client acknowledges that the Standard License under which the images are bought allows them to create whatever digital promotional items they need with the artwork provided. As for physical products, the Client is allowed to create promotional items such as business cards, information leaflets, and flyers, but the creation of an item that has a purpose in itself (such as mugs, T-Shirts, etc.) is prohibited and needs the Extended License for each stock photo used in the artwork. Illustrated covers are fully original covers so no printing limits apply. 5.4 Book Covers Art retains the right to use the Client’s final and draft book cover design, name, and book title in its portfolio and to market and promote its services. Book Covers Art retains copyright and ownership of all design and draft materials. 5.5 If the Client supplies Book Covers Art 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 their project. Should any intellectual property dispute arise involving materials the Client provides, the Client assumes full legal and financial responsibility.

  1. ATTRIBUTION

6.1 Attribution is optional, but I appreciate the attribution of my work on the copyright page, such as “Cover Design by Ivan Zanchetta & Bookcoversart.com” (with a working link) or “Cover Art by Ivan Zanchetta & Bookcoversart.com” (without the link). I’m used to adding on the back of paperback covers a small and discreet credit reading “Cover Design by Ivan Zanchetta & Bookcoversart.com,” but it can be edited out or removed upon request.

  1. CLIENT RESPONSIBILITIES

7.1 If the original details in the brief change after the first proof is delivered or after work has begun, it will incur additional charges to be negotiated between the parties. 7.2 The Client is fully responsible for proofing the book cover design provided by Book Covers Art. It is strongly suggested that the Client requests a proof from the printer before ordering any materials using the provided designs. At no time will Book Covers Art be held financially or legally responsible for any problems, costs, fees, or expenses incurred by the Client as a result of using the provided material.

  1. LIABILITY

8.1 Book Covers Art 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. Book Covers Art 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. 8.2 That said, Book Covers Art guarantees to use assets that, to their best knowledge and ability, are legally sourced, and sourced from companies that provide legal and financial support in the case of misuse, and that, if the author has used the created artwork only in the agreed-upon, legal manner, the above will apply to their cover. Book Covers Art also agrees to edit free of cost or refund any cover, promotional item, or other provided artwork should questionable stock have been used.

  1. PAYMENT

9.1 For custom and illustrated covers, a 50% deposit is required in advance, and the final payment is due prior to the delivery of the final files.

  1. CANCELLATION POLICY

10.1 The Client or Book Covers Art may cancel this agreement at any time by providing written notice to the other party. If Book Covers Art cancels a project before the design process starts, neither the Client nor Book Covers Art is under further obligation to the other, and all payments shall be refunded. If the project is canceled by the client a $10 cancellation fee applies. The client can cancel the order only before the final files are delivered.

  1. COMPLETE AGREEMENT

11.1 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.

  1. MODIFICATION OF AGREEMENT

12.1 Modification of any provisions of this agreement is not valid and enforceable unless confirmed in writing and signed by all parties either in hardcopy or by e-signature.

  1. SEVERABILITY

13.1 The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.