TERMS
AND CONDITIONS
The
purchaser of the book cover artwork will be known as the client. The designer
of the cover art will be known as Starcrossed Covers.
PRIVACY
POLICY
1.
Starcrossed Covers is committed to ensuring that your privacy is protected. All
information we gather from you is used only to provide you with the product you
have requested. We will not sell, distribute or lease your personal information
to third parties. Should you not wish to continue with a cover at any time, all
details you have already submitted will be destroyed and will not be retained
on file.
PUBLISHING RIGHTS
2.
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 Starcrossed
Covers 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).
3. Starcrossed Covers retains the right to use client’s name and book title on Starcrossed Covers’ website and to market and promote our services.
3. Starcrossed Covers retains the right to use client’s name and book title on Starcrossed Covers’ website and to market and promote our services.
OWNERSHIP
RIGHTS
4.
Upon receipt of full payment, Starcrossed Covers 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 may not resell the design to anyone without the express written
approval of Starcrossed Covers.
6.
The client will not claim the design as their own.
7. 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. We do not provide editable, layered PSD files of our covers. If the client desires any alterations, he/she will consult Starcrossed Covers. The client understands that additional payments may be required to make these alterations.
8. The client agrees to abide by the terms of any license agreement for any images purchased by Starcrossed Covers 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.
9. Starcrossed Covers retains the right to use client’s final book cover design, name, and book title in Starcrossed Covers’ portfolio and to market and promote our services. Starcrossed Covers retains copyright and ownership of all design and draft materials.
10. If the client supplies Starcrossed Covers 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. Starcrossed Covers 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.
7. 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. We do not provide editable, layered PSD files of our covers. If the client desires any alterations, he/she will consult Starcrossed Covers. The client understands that additional payments may be required to make these alterations.
8. The client agrees to abide by the terms of any license agreement for any images purchased by Starcrossed Covers 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.
9. Starcrossed Covers retains the right to use client’s final book cover design, name, and book title in Starcrossed Covers’ portfolio and to market and promote our services. Starcrossed Covers retains copyright and ownership of all design and draft materials.
10. If the client supplies Starcrossed Covers 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. Starcrossed Covers 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
11. Starcrossed Covers requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such: Cover design by Starcrossed Covers
CLIENT RESPONSIBILITIES
12. Client is fully responsible for proofing the book cover design provided by Starcrossed Covers. 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 Starcrossed Covers 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.
13.
The client is held responsible for adhering to the license terms, and is
expected to read through the licensing agreements of every stock site that the
images come from to prevent any legal action against them for misuse.
STOCK
IMAGES & RESOURCES
14. All retail stock images and resources from stock sites where Starcrossed Covers is subscribed are included in the packages. Stock images from sites where Starcrossed Covers is not subscribed may incur an additional charge.
15. Exclusive stock photos from photographers and models tailored to meet clients’ specific design needs are not included in the any of the packages. For example, the client who does not wish to use any of the model stock already available from online stock retailers is responsible for contacting a photographer and arranging a custom photo shoot for the book cover.
COVER DESIGN SERVICES
16. Starcrossed Covers’ fee for design of an e-book cover includes the following:
·
A 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 from sites where Starcrossed
Covers has a subscription. (If client has specific image requests requiring
purchase from sites other than where Starcrossed Covers holds a subscription,
additional charges may apply.)
·
Online digital delivery of the included
cover files.
17.
Starcrossed Covers’ 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 Starcrossed Covers to printer’s template with
specifications or written specs.
·
A print-ready PDF or .jpeg or .png of
the cover to send to client’s printer delivered to the client via email.
·
A 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 from sites where Starcrossed
Covers has a subscription. (If client has specific image requests requiring
purchase from sites other than where Starcrossed Covers holds a subscription,
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
18. Only
the title and author’s name can be changed on the premade covers.
19. A draft version of the premade cover with the new title and author’s name will be provided to the client for copy checking. No other changes can be made without first paying an additional fee which will be agreed upon by Starcrossed Covers and the client.
20. Once a premade design has been paid for, all sales are final and can not be returned, exchanged, or refunded.
19. A draft version of the premade cover with the new title and author’s name will be provided to the client for copy checking. No other changes can be made without first paying an additional fee which will be agreed upon by Starcrossed Covers and the client.
20. Once a premade design has been paid for, all sales are final and can not be returned, exchanged, or refunded.
LIABILITY
21.
Starcrossed Covers 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. Starcrossed Covers 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
22.
Premade Covers: Full payment is required upfront for all premade cover designs.
23. Custom Covers: Client agrees to pay a non-refundable initial deposit of half the total cost before work will begin on a custom cover project. The remaining balance is due within 30 days upon approval of book cover artwork. A working title may be used and can be changed at any time prior to the final files being sent to the client. If the formatted page count of the book is unavailable, spine and back cover text will be added free of charge, prior to finished files being sent to the client.
23. Custom Covers: Client agrees to pay a non-refundable initial deposit of half the total cost before work will begin on a custom cover project. The remaining balance is due within 30 days upon approval of book cover artwork. A working title may be used and can be changed at any time prior to the final files being sent to the client. If the formatted page count of the book is unavailable, spine and back cover text will be added free of charge, prior to finished files being sent to the client.
24.
Starcrossed Covers will not release finished files to the client or other
parties until final payment has been received. Any files sent before final
payment has been received are not permitted to be used by the client for any
advertising or promotion, printed or otherwise, or on any social media post,
profile image or website. Client will not remove any notice of copyright,
trade-mark or other proprietary right from any place where it is on or embedded
in the Starcrossed Covers design.
25.
Once the finished files have been sent to the client, this contract will be
considered fulfilled and thus, terminated. Starcrossed Covers 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.
26. Starcrossed Covers reserves the right to re-purpose unused mockups to be sold as premades. Starcrossed Covers 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 Starcrossed Covers and the client.
26. Starcrossed Covers reserves the right to re-purpose unused mockups to be sold as premades. Starcrossed Covers 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 Starcrossed Covers and the client.
CANCELLATION
POLICY
27. The client or Starcrossed Covers may cancel agreements at any time by providing written notice to the other party. If either client or Starcrossed Covers cancels a project before work has started, neither the client nor Starcrossed Covers is under further obligation to the other, and agreements will be considered cancelled.
28. If the client should stop or cancel a 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. 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
29.
Starcrossed Covers reserves 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, ceases communication without explanation,
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 Starcrossed Covers.
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 Starcrossed Covers.
COMPLETE
AGREEMENT
30. 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.
30. 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.
Yes, that is a lot of legalese, but Starcrossed Covers prides themselves on being approachable, friendly, and able to work in a flexible and helpful manner with authors to create beautiful book covers. We endeavor to reply quickly to inquiries, but please be patient and allow 48 hours before re-sending messages, as we are often very busy. Our working hours are irregular, but we do not work on weekends.
If there are any problems with the work or payments, please be sure to contact us so we can work out a plan. Communication is key, as we are usually able to offer a pleasant workaround before resorting to cancellation.
