- These terms and conditions, which are agreed to and accepted by you (the client) when you pay for design services will create a binding and legally enforceable contract between you (the client) and Fantasia Cover Designs. Please read these terms and conditions carefully before paying.
PUBLISHING RIGHTS
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 Fantasia Cover Designs and its employees 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).
CONFIDENTIALITY
2. All client information and materials are considered confidential and only for use by Fantasia Cover Designs 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.
COVER DESIGN SERVICES
3. Fantasia Cover Designs’ fee for design of an e-book cover is $160 and includes the following:
- A high resolution jpeg file formatted for use as an e-book cover.
- Purchases of stock images for use in the book cover design. (If client has specific image requests, additional charges may apply.)
- Digital delivery of the included cover files.
3a. Fantasia Cover Designs’ fee for design of a paperback cover is $40 (in addition to the fee for ebook cover design) and includes the following:
- A high resolution jpeg file formatted for use as a paperback cover.
- A PDF version of the same file.
- Purchases of stock images for use in the book cover design. (If client has specific image requests, additional charges may apply.)
- Digital delivery of the included cover files.
3b. Fantasia Cover Designs’ fee for premade e-book covers is $95 and includes the following:
- A high resolution jpeg file formatted for use as an e-book cover.
- Changes to typography and additional text
- Purchases of stock images for use in the book cover design. (If client has specific image requests, additional charges may apply.)
- Digital delivery of the included cover files.
- Any other changes will incur a fee.
3c. Fantasia Cover Designs’ fee for premium stock premade e-book covers is $115 and includes the following:
- The use of premium stock images from specialist suppliers.
- A high resolution jpeg file formatted for use as an e-book cover.
- Changes to typography and additional text
- Purchases of all stock images, including premium stock, for use in the book
cover design. (If client has specific image requests, additional
charges may apply.) - Digital delivery of the included cover files.
- Any other changes will incur a fee.
3d. 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.
Fantasia Cover Designs reserves the right to change these prices at any time.
This will NOT effect any work already contracted or scheduled.
OWNERSHIP RIGHTS
4. Upon receipt of full payment, Fantasia Cover Designs grants the client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her book cover and associated promotional materials.
5. 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. If the client desires any alterations, he/she will consult Fantasia Cover Designs. The client understands that additional payments may be required to make these alterations.
6. The client agrees to abide by the terms of any license agreement for any images purchased by Fantasia Cover Designs 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 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. If the client requires the original stock files, they must be purchased by the client.
Licenses are not transferable.
7. Fantasia Cover Designs retains the right to use client’s final book cover design, name, and book title in Fantasia Cover Designs’ portfolio and to market and promote our services. Fantasia Cover Designs retains copyright and ownership of all design and draft materials.
7a. If the client supplies Fantasia Cover Designs 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.
ATTRIBUTION
8. Fantasia Cover Designs requires cover design credit to appear in client’s book as such: “Cover design by Fantasia Cover Designs.”
CLIENT RESPONSIBILITIES
9. Client is fully responsible for proofing the book cover design provided by Fantasia Cover Designs. It is strongly suggested that client requests a proof from the printer before ordering any print promotional materials using the book cover design. At no time will Fantasia Cover Designs 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.
LIABILITY
10. Fantasia Cover Designs 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. Fantasia Cover Designs 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
11.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. Fantasia Cover Designs 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. Fantasia Cover Designs 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.
11a. 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.
12. For premade designs, the full balance is due upon approval of final book cover design. Fantasia Cover Designs 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. Fantasia Cover Designs 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
13. The client or Fantasia Cover Designs may cancel this agreement at any time by providing written notice to the other party. If either client or Fantasia Cover Designs cancels a project before work has started, neither the client nor Fantasia Cover Designs is under further obligation to the other, and this contract will be considered canceled.
13a. 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.
COMPLETE AGREEMENT
14. 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.
MODIFICATION OF AGREEMENT
15. 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.
SEVERABILITY
16. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.
PROJECT START
17. Once you have read and agree to the terms and conditions, have no further questions, and initial payment has been received, your project will commence as scheduled.
