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-kind e-book cover and optional add-ons to the Client, which has 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 the artwork of the front will be continued into the back cover, even in case of 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 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.
2. 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 the international copyright law we can't sub-license the stock images we use, so fully layered PSD source files will never be provided.
3. PUBLISHING RIGHTS
3.1 In the case of Client provided images to be used in the project, 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 Book Covers Art from any and all 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).
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.
5. OWNERSHIP RIGHTS
5.1 Upon receipt of full payment, Book Covers Art grants the Client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her e-book cover and associated optional add-ons.
5.2 The 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 the Client desires any alterations, he/she will consult Book Covers Art. The Client understands that additional payments may be required to make these alterations.
5.3 I use my own images or images bought on various stock image sites. Those stock image sites have different license terms but those I use allow the use of each image up to 250,000 or 500,000 printed copies, digital impression are usually unlimited. It is the Client responsibility to inform me of the need of extending such license and I will point the Client where to buy the relating licence(s). The Client acknowledges that the Standard License under which the images are bought, allows the Client to create whatever digital promotional items he needs with the artwork I provided. As for physical products, the Client is allowed to create promotional items as business cards, information leaflets and flyers, but the creation of an item which 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 full original covers so no printing limits apply.
5.4 Book Covers Art retains the right to use 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 his/her project. Should any intellectual property dispute arise involving materials the Client provides, the Client assumes full legal and financial responsibility.
6.1 Attribution is optional but I appreciate the attribution of my work in 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 add 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.
7. 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 parts.
7.2 Client is fully responsible for proofing the book cover design provided by Book Covers Art. It is strongly suggested that Client requests a proof from the printer before ordering any materials using the provided designs. At no time will Bok Covers Art be held financially or legally responsible for any problems, costs, fees or expenses incurred by Client as a result of using the provided material.
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 ageed 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.
9.1 For custom covers a 50% deposit is required in advance, the final payment is due prior to delivery of the final files. A $50 non-refundable fee is included in the deposit (see 19). For premade covers payment is full in advance a $10 non-refundable fee is included in the deposit (see 20)
10. CANCELATION 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, all payments shall be refunded. If the project is canceled by the client, cancelation fees apply: $10 for premade covers, $50 for custom covers and $100 for illustrated covers. The client can cancel the order only before the final files are delivered.
11. 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.
12. 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.
13.1 The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.