TERMS & CONDITIONS

PREMADE TERMS & CONDITIONS

1. Alterations

1.1 Included Alterations
The following alterations are included within the price of the premade cover:
    1. Text Changes (Author Name, Title, Series Name, Tagline)
    2. Tagline or Series Name Addition or Removal
    3. Minimal Cover Resizing (ie. 5x8 to 6x9)
    4. Minimal Color Changes (Hair Color, Eye Color, Small Elements, etc.)
    5. Font Color


1.2 Alterations Subject to Fees
The following alterations are not included and may be subject to extra fees at the Designer's discretion:
    1. Font Family Change
    2. Model Replacement
    3. Large Color Changes (Background, Skin Color, Clothing Color, etc.)
    4. Addition/Removal of Elements
    5. Rearrangement of Elements
    6. Audiobook Resizing
    7. Print Cover
    8. And any other alterations not previously mentioned in the Included Alterations section.

 

2. Payment Schedule and Terms

2.1 Total Payment

The Client will pay the Designer the total agreed upon price. This price comprises both the premade cover and included alterations, as well as any add-ons chosen by Client.


2.2 Single Payment
Full payment will be remitted by Client once they receive the invoice, after which they will receive the final artwork with the included alterations.

2.3 Payment Deadline
If payment is not made within 48 hours of receiving the invoice, Client will lose their claim to the premade and Designer holds the right to resell it. Exceptions will only be made in writing if requested by Client before receiving the invoice.

2.4 Large Alteration Fees
If Client requests alterations that are not included, they will be subject to extra fees. Client will be informed of fees prior to purchase. Fees must be paid for before larger alterations are begun.

2.5 Expenses
Client will reimburse the Designer for reasonable expenses incurred by the Designer in the provision of services that were requested after the original invoice was sent or were unaccounted for in the original invoice.

2.6 Payment Currencies and Methods
Client may choose to pay in US Dollars or Euros. For payment in US Dollars, Client will pay directly through their invoice on Dubsado. Should Client choose to pay in Euros, Client must inform Designer and Designer will send them a payment link through Payoneer. Please note that all prices are based on US Dollars, thus the price in Euros may fluctuate according to the exchange rate at the time of payment.

3. Licensing

3.1 Licensing

The Designer promises that it holds all licenses necessary to perform the work, that such licenses are valid and effective as of the date any work is performed or services provided, and that all work performed or services provided will be done in compliance with all applicable federal, state, or local laws and regulations.

4. Stock Photos

4.1 Standard License
All stock photos are purchased under a Standard License. A Standard License permits use on book covers (both e-book and print), as well as promotional materials. It allows for unlimited online (digital) sales, unlimited website visitors and up to 500,000 copies in print. A Standard License DOES NOT cover physical products, such as t-shirts, stickers, tote-bags, etc. For this usage and for upwards of 500,000 print copies, Client MUST purchase an Extended License.

4.2 Liability
Designer is not liable for Client misuse of the Standard License and Client assumes all responsibility for license misuse.

 

5. Representation and Covenants

5.1 Authority to Sign

Each party has the authority to enter into this Contract and to perform all of its obligations under this Contract.


5.2 Client Will Review Work

The Client promises to review the work product, to be reasonably available to the Designer if the Designer has questions regarding this project, and to provide timely feedback and decisions.


5.3 Missed Deadlines

If a Client has a deadline and that deadline is missed due to lack of communication on the Client's part, the Designer will not be held liable for any repercussions of the missed deadline. In addition, Client understands that Designer has multiple bookings and should Client's lack of timely communication result in their time cutting into another client's time, their project may take longer than previously agreed upon. 

6. Refunds

6.1 Refunds

If Client is not satisfied with their final premade cover, Client may contact designer within 48 hours of final purchase and Designer will issue a 100% refund of the original premade cover.


6.2 Alterations

Fees incurred for extra alterations are non-refundable. 


6.3 Designer Reselling
If Client receives a refund, Designer holds the right to resell the cover with or without any additional alterations requested by the Client.

6.4 Client Reselling
If Client wishes to resell the cover they previously purchased to another author, they must contact the Designer for approval prior to posting. Designer is not responsible for the sale of the cover to anyone other than Client. New buyer must contact Designer after purchase if they wish to change the text or make any other alterations. Any alterations made by a new buyer are not included in the original price and may be subject to fees. New buyer must also sign a contract. Should new buyer not sign a contract, Client will be held liable for any misuse on the new buyer's part.

 

7. Credit

7.1 Designer Credit

Please credit The Book Outfitter anywhere within your book or on the back cover. If there is a link, it should redirect to www.thebookoutfitter.com.


7.2 Stock Credit

On occasion, a Stock Provider may request credit. In that event, Designer will provide Client with necessary credit information prior to the sale of the cover. Client agrees to provide credit to Stock Provider anywhere within the book.


7.3 Credit Liability

If Client has been informed of the need for stock credit and chooses to ignore it, Client will be held liable for any legal fees or processes that they incur due to lack of credit for Stock Provider within their book.

8. Copyright

8.1 Designer Portfolio

Designer retains the copyright to the completed artwork, and is allowed to display this work within her portfolio for promotional purposes.


8.2 Client Liability

Client has the exclusive license to use the final, completed design for their book cover and any other promotional materials. Client is responsible for following the licensing rules of the images and fonts used, and assumes liability for any misuse on the Client’s part. Designer is not liable for any Client misuse.

9. Editing by Client

9.1 Editing by Client

Client may not alter or cut out any section of their cover for use on future covers or unrelated work, without prior consent from Designer.

10. Concept and Cover Reveal

10.1 Portfolio and Social Media
Designer reserves the right to display Client’s finished project on their portfolio and on social media.

10.2 Reveal Grace Period
If Client communicates to Designer that they do not wish to display their cover immediately upon purchase, Designer will grant Client a grace period of 6 months, after which Designer reserves the right to use it for promotional purposes.

10.3 Display of a Different Iteration
Designer reserves the right to display any version of the cover that they believe is most representative of their skills, regardless of whether it is with or without the Client's requested alterations.

 

11. Raw Files

11.1 PSD File
Due to copyright and licensing restrictions, Clients do not have access to the raw .PSD files.

11.2 Storage Length
Designer guarantees to keep all raw .PSD files for a maximum of 3 years, unless otherwise requested.

11.3 Flattened Artwork
Upon a Client's request, Designer may supply Client with the following free of charge:
    1. The flattened artwork without text
    2. A transparent .png of Client's title

12. Privacy

12.1 Client Information
Any information Client supplies through forms on the Designer's website or through emails sent to Designer's email (bookoutfitter@gmail.com) are private and will not be sold or supplied to outside sources.

CUSTOM TERMS & CONDITIONS

1. Payment Schedule

1.1 Total Payment

The Client will pay the Designer the total agreed upon price for the completion of the project.


1.2 Multiple Payments
Payment will be remitted by Client in stages as follows:
    1. To guarantee booking, Client will pay the full price for the amount of concept covers and stock photos chosen by them. This payment is non-refundable.
   2. Once Client approves a concept, Designer will send Client an invoice for the total payment. Client must pay 50% of the invoice before Designer begins the final project.
    3. A low-resolution file will be sent for Client's approval. Once Client pays the remaining 50% balance, Designer will send the final cover file.  

2. Payment Terms

2.1 Invoices

The Designer will send payment reminders to the Client after completion of milestone(s) or the Project, unless otherwise noted in the Payment schedule. The Client agrees to pay invoice(s) by the due date(s) specified on the invoice. Unpaid or overdue invoices may result in suspension or termination of the Project.


2.2 Expenses
Client will reimburse the Designer for reasonable expenses incurred by the Designer in the provision of services that were requested after the original invoice was sent or were unaccounted for in the original invoice.

2.3 Payment Currencies and Methods
Client may choose to pay in US Dollars or Euros. For payment in US Dollars, Client will pay directly through their invoice on Dubsado. Should Client choose to pay in Euros, Client must inform Designer and Designer will send them a payment link through Payoneer. Please note that all prices are based on US Dollars, thus the price in Euros may fluctuate according to the exchange rate at the time of payment.

3. Pricing Variation

3.1 Project Complexity
Base package prices are subject to change depending on the complexity of a project. Designer reserves the right to adjust the pricing of a product in accordance with complexity of Client’s project.

3.2 Disclosure
Designer will disclose any extra fees and/or variation in base pricing to Client prior to the initiation of the project.

I understand that base pricing may be subject to change according to my requests and that I will be informed prior to the initiation of the project should this be the case.

4. Licensing

4.1 Licensing

The Designer promises that it holds all licenses necessary to perform the work, that such licenses are valid and effective as of the date any work is performed or services provided, and that all work performed or services provided will be done in compliance with all applicable federal, state, or local laws and regulations.

5. Stock Photos

5.1 Stock Photo Budget
Designer budgets $5 for each stock photo, as paid for by Client during initial booking. Should Client request a stock photo that is above that budget, they will be responsible for paying the extra fees. In addition, should Client request more stock photos than they originally ordered, they will be responsible for paying the extra fees for each photo.

5.2 Standard License
All stock photos are purchased under a Standard License. A Standard License permits use on book covers (both e-book and print), as well as promotional materials. It allows for unlimited online (digital) sales, unlimited website visitors and up to 500,000 copies in print. A Standard License DOES NOT cover physical products, such as t-shirts, stickers, tote-bags, etc. For this usage and for upwards of 500,000 print copies, Client MUST purchase an Extended License.

6. Representation and Covenants

6.1 Authority to Sign

Each party has the authority to enter into this Contract and to perform all of its obligations under this Contract.


6.2 Client Will Review Work

The Client promises to review the work product, to be reasonably available to the Designer if the Designer has questions regarding this project, and to provide timely feedback and decisions.


6.3 Missed Deadlines

If a Client has a deadline and that deadline is missed due to lack of communication on the Client's part, the Designer will not be held liable for any repercussions of the missed deadline. In addition, Client understands that Designer has multiple bookings and should Client's lack of timely communication result in their time cutting into another client's time, their project may take longer than previously agreed upon. 

7. Final Cover

7.1 Approval of Final Cover
Client will receive a low-resolution image of the completed cover, which will be based on their selected concept. Should Client approve of the cover, they will be required to pay the remaining 50% of their balance. After Designer receives full payment, they will send Client the final cover file.

7.2 Rejection of Final Cover
Should Client reject the final cover based on their selected concept, they will need to purchase a revision session.

7.3 Revision Session
A revision session is defined as the changes a Client requests within one (1) message. This message may constitute an email, the filling out of a form, or other methods of communication that the Designer receives.

7.4 Revision Pricing
The base price of one (1) revision session is $30. This price is subject to change depending on the complexity of the Client's requested revision. A normal revision session will take up to two (2) hours. Anything that spans longer than two (2) hours may be subject to extra fees. These fees will be communicated to the Client before revisions begin.

7.5 Revision Payment
The full payment of a revision session must be made prior to the initiation of said session. Revision will not begin without receipt of payment.

8. Refunds

8.1 Cover Concepts and Stock Photos

Cover concepts and stock photos are non-refundable. 


8.2 Revisions

Revisions are non-refundable. 


8.3 Initial Deposit
The initial deposit is 50% of the total payment. If Client has made the initial deposit but decided against working with the Designer, Client may contact Designer within 24 hours and Designer will issue a 100% refund of the initial deposit.

8.4 Final Payment
If Client is unsatisfied with the final product, they may purchase extra revision sessions before remitting the final payment. Should Client decide after the final payment that they no longer want the cover, refunds will be up to the Designer's discretion. If Designer believes that the cover is general enough to be sold as a premade cover, Designer will issue a refund of the Client's final payment (50%). If not (as is the case of vector typography or overly specific covers), Designer holds the right to refuse a Client's refund request. 

I understand that refunds after the final payment are up to the Designer's discretion.

9. Credit

9.1 Designer Credit

Please credit The Book Outfitter anywhere within your book or on the back cover. If there is a link, it should redirect to www.thebookoutfitter.com.


9.2 Stock Credit

On occasion, a Stock Provider may request credit. In that event, Designer will provide Client with necessary credit information prior to stock photo use. Client agrees to provide credit to Stock Provider anywhere within the book.


9.3 Credit Liability

If Client has been informed of the need for stock credit and chooses to ignore it, Client will be held liable for any legal fees or processes that they incur due to lack of credit for Stock Provider within their book.

10. Copyright

10.1 Designer Portfolio

Designer retains the copyright to the completed artwork, and is allowed to display this work within her portfolio for promotional purposes.


10.2 Client Liability

Client has the exclusive license to use the final, completed design for their book cover and any other promotional materials. Client is responsible for following the licensing rules of the images and fonts used, and assumes liability for any misuse on the Client’s part. Designer is not liable for any Client misuse.

11. Editing by Client

11.1 Editing by Client

Client may not alter or cut out any section of their cover for use on future covers or unrelated work, without prior consent from Designer.

12. Concept and Cover Reveal

12.1 Portfolio and Social Media
Designer reserves the right to display Client’s finished project on their portfolio and on social media.

12.2 Reveal Grace Period
If Client communicates to Designer that they do not wish to display their cover immediately upon completion, Designer will grant Client a grace period of 6 months, after which Designer reserves the right to use it for promotional purposes.

12.3 Display of Previous Iterations
Should Designer believe that a previous iteration was more representative of their skills, Designer reserves the right to display any version of the cover created during the project's process.

12.4 Discarded Concept Reuse
Designer reserves the right to reuse any discarded concepts that significantly differ from the final product at a later time, either for another client or as a premade cover.

13. Raw Files

13.1 PSD File
Due to copyright and licensing restrictions, Clients do not have access to the raw .PSD files.

13.2 Storage Length
Designer guarantees to keep all raw .PSD files for a maximum of 3 years, unless otherwise requested.

13.3 Flattened Artwork
Upon a Client's request, Designer may supply Client with the following free of charge:
    1. The flattened artwork without text
    2. A transparent .png of Client's title

14. Privacy

14.1 Client Information
Any information Client supplies through forms on the Designer's website or through emails sent to Designer's email (bookoutfitter@gmail.com) are private and will not be sold or supplied to outside sources.