Contract / Terms of Use
Contract
DreamIn Digital Dreams Services
TERMS AND CONDITIONS
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These terms and conditions, which are agreed to and accepted by you (from hereon after known as "Client") when you pay for design services will create a binding and legally enforceable contract between you (the client) and DreamIn Digital Dreams (from hereon after known as "Designer") for the purpose of designing and creating a book cover (eBook & Print) (“Work” or “Book”). Please read these terms and conditions carefully before paying. A copy of these terms and conditions will be sent to the client prior to payment, with the intention of them being signed and sent to the Designer before any work on the project commences.
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PUBLISHING RIGHTS
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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 DreamIn Digital Dreams and its employees from any and all copyright and permission infringement action resulting from materials the client provides. The book material the client provides must be the client's own work (client is the original author).
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CONFIDENTIALITY
2. All client information and materials are considered strictly confidential and only for use by the Designer to 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.
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PRE-MADE COVER DESIGN SERVICES
3. DreamIn Digital Dreams’ fee for designing an e-book cover is fixed and is shown:
a) on the Designer's site (www.sarantopouloschris.wix.com/dddpremadebookcovers)
b) on the contract the Client signed before work on the project commenced
Purchase of the Designer's services for an e-book cover includes the following:
a) A high resolution jpeg file formatted for use as an e-book cover
b) Digital delivery of the e-book cover files
3a. DreamIn Digital Dreams’ fee for designing a paperback cover is fixed and is shown:
a) on the Designer's site (www.sarantopouloschris.wix.com/dddpremadebookcovers)
b) on the contract the Client signed before work on the project commenced.
Purchase of the Designer's services for a paperback book cover includes the following:
a) A high resolution jpeg file formatted for use as a paperback cover
b) A PDF version of the same file for use as a paperback cover
c) Digital delivery of the included cover files
3b. The book cover design service does not include original artwork, illustrations, PSD files, copywriting or text editing services, or anything else not specified in the included list above.
OWNERSHIP RIGHTS
4. Upon receipt of full payment, the Designer grants the Client non-exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her book cover {{and associated promotional material}}s. The client cannot sell the final product to another writer.
5a. 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. This includes cropping or cutting out of specially designed characters and/or models.
5b. If the client wishes to alter parts of the design at a later time from when it was originally purchased, the client cannot have another designer make these alterations, unless the original designer has been notified and has agreed to this. The Client understands that additional payments may be required to make these alterations.
6a. The client agrees to abide by the terms of any license agreement for any images and/or 3D graphical asset purchased by the Designer through a third-party image/asset provider for use in client’s book cover design. The cost of cover design includes the license to use these images/3D assets and is limited to a print run of 500,000 units. For books with a print run over 500,000, 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. Licenses are not transferable.
6b. The designer indemnifies and holds harmless the client from any fees or damages resulting from a lawsuit brought against the use of the designer’s final product due to plagiarism. Exceptions to this apply, as mentioned in paragraphs 1, 5, 6a, 7a of this agreement.
7. The Designer retains the right to use client’s final book cover design, name, and book title in the Designer’s portfolio and to market and promote our services. The Designer retains copyright and ownership of all design and draft materials.
7a. If the client supplies the Designer 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.
8. The designer acknowledges he does not own or have right or title to the Book containing the Work, nor to receive any royalties on Book(s) sold, or derivative works containing the Work.
9. DreamIn Digital Dreams requires cover design credit to appear in client’s book as such: “Cover design by DreamIn Digital Dreams (www.sarantopouloschris.wix.com/dddpremadebookcovers)”
REVISIONS
10. Three (3) revisions are included in the cost of the design and can be made during the preliminary comp design phase. Additional fees will be charged for revisions above and beyond the three (3) included changes and any that are made after the approval of the preliminary comp design, and for revisions reflecting a new direction to the assignment, or new conceptual input. Each revision above and beyond the three (3) included in the original price will cost an additional $25 per revision.
CLIENT RESPONSIBILITIES
11. Client is fully responsible for proofing the book cover design provided by the Designer. It is strongly advised that client requests a proof from the printer before ordering any print promotional materials using the book cover design. At no time will the 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.
11a. Client understands that in the case of a finished product intended for print, the finished product may vary in appearance due to factors outside the Designer's ability to control. Such factors include: printing procedure, paper type used, colour variations between different printers and inks. At no time will the Designer be held financially or legally responsible for any problems, costs, fees, or expenses incurred by client as a result of such factors.
LIABILITY
12. 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 our 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 as a result of any breach of the terms and conditions of this agreement.
PAYMENT
13. For custom designs, Client agrees to pay an initial deposit of half the total cost ONE WEEK before work will begin on the project. The remaining balance is due upon approval of final book cover design. The Designer 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. The Designer 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.
13a. The client understands that a custom design that requires premium stock or stock from niche providers will incur an additional fee of $20 per stock image required unless the client purchases the stock themselves.
14. For premade designs, the full balance is due upon approval of final book cover design. The Designer 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. The Designer 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.
CANCELLATION POLICY
15. The client or the Designer may cancel this agreement at any time by providing written notice to the other party. If either client or Designer cancels a project before work has started, neither the client nor the Designer is under further obligation to the other, and this contract will be considered canceled.
15a. If the client should stop or cancel a custom book cover design job once it has started, the client agrees to forfeit 50% of the project total sum. This is to cover resources and 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.
15b. If the client should stop or cancel a pre-made book cover design job once it has started but before it has finished, the designer agrees to return the full price (100%) of the project's total sum. The client will have no rights to any mockups sent to the client and agrees to destroy them.
15c. If the client wishes to cancel a pre-made book cover design job after the final product has been delivered, the client cannot ask for a refund of any amount.
MODIFICATION OF AGREEMENT
16. Modification of any provisions of this agreement is not valid and enforceable unless confirmed in writing and signed by all parties in hardcopy.
SEVERABILITY
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17. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.
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PROJECT START
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18. Once you have read and agreed to the terms and conditions, have no further questions, and payment has been received, your project will commence as scheduled.