Design Contract – The contract will be sent through Docsketch to be read and signed by the author.
These terms and conditions, when agreed to and accepted by you (the client/author) after you enter your full legal name and sign the contract will create a binding and legally enforceable contract between you (the client/author) and Triumph Book Covers(designer). Please read these terms and conditions carefully before signing the contract and submitting your form.
1. Diana TC is bound by contract to deliver a one-of-kind e-book cover and optional full-wrap cover to the client, which has been designed with the client’s wishes on mind.
2. Diana TC will not infringe on the copyright of another designer’s work, unless express permission has been granted to mimic said art.
3. The Economy Package includes two review rounds and the Premium Package includes seven review rounds, during which the client can request changes to the design without additional fees. All subsequent rounds come with a $10 fee.
4. The Premade includes one review round for textual changes to the design without additional fees. All subsequent individual changes come with a fee: $35 US dollars per extra hour spent on the premade (minimum one hour).
5. 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 Triumph Book Covers 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).
6. All client information and materials are considered confidential and only for use by Triumph Book Covers 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.
7. Upon receipt of full payment, Triumph Book Covers 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 promotional materials. The designer does not provide any source files or the Photoshop file.
8. The Designer agrees that she is the sole creator of the Book Cover and has the right to use all images sourced from depositphotos.com (or other stock sites) for the purpose of the Book Cover.
9. 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 Triumph Book Covers. The client understands that additional payments may be required to make these alterations.
10. The client agrees to abide by the terms of any license agreement for any images purchased by Triumph Book Covers through a third-party image provider for use in client’s book cover design. The cost of cover design includes the standard 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. It is possible to extend the license for every image used in the design even after the cover has been created and delivered to the client. A Standard License from Depositphotos permits stock for use on eBook and print book covers, as well as promotional materials such as business cards or bookmarks (which fall under the “unusual size business card” category and must contain promotional information, not just artwork). Standard Licenses DO NOT COVER things such as physical products, i.e. mugs, t-shirts, stickers, tote bags, etc. The Author will need to purchase an Extended License for this usage, which costs $89 USD per image as of January 2020. To review what Depositphotos covers under their Standard vs. Extended Licenses, please see here: https://depositphotos.com/license.html
11. Triumph Book Covers retains the right to use client’s final and draft book cover design, name, and book title in Triumph Book Covers’s portfolio and to market and promote their services. Triumph Book Covers retains copyright and ownership of all design and draft materials.
12. If the client supplies Triumph Book 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. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
13. If the Author decides to sell the cover to another author, he must first contact the Designer. The Author agrees to not sell it for a higher price than what he or she originally paid for. The fee for changing the text after license transfer is be $25, to be paid via Paypal invoice by either the Author or the new licensee. The Designer, Author, and the requested licensee will need to sign an addendum to this contract acknowledging the transfer, and the new files will be sent within a week to the new email address.
14. The Author grants the Designer the right to include, in small print, the following on the imprint/copyright page of the eBook and paperback, and the back cover of the paperback: Cover Design by Diana TC, www.triumphbookcovers.com
15. Client is fully responsible for proofing the book cover design provided by Triumph Book Covers. It is strongly suggested that client requests a proof from the printer before ordering any materials using the book cover design. At no time will Triumph Book 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.
16. If the client does not provide the Designer with instructions regarding their vision for the Book Cover, the Designer reserves the right to have creative control. The client retains the right to review the Book Cover during its various design stages, have final approval of the Book Cover’s content, and offer any suggestions or bring up any concerns.
17. Triumph Book 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 their services. Triumph Book 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.
18. That said, Triumph Book Covers 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 agreed upon, legal manner, the above will apply to their cover. Triumph Book Covers also agrees to edit free of cost or refund any cover, promotional item, or other provided artwork should questionable stock have been used.
19. Payment will be made via PayPal, sent to the Author as an invoice once the contract is signed. The paperback PDF file will be sent when the Author provides the final page count and blurb. The other final Book Cover files, with no watermarks, will be released to the Author after receipt of the final payment.
20. Additional images requested by the Author from depositphotos.com have a cost of $10 per image. Additional images from premium stock sites (such as ShutterStock.com, Neo-stock.com, istockphoto.com, thereedfiles.photoshelter.com, etc.) might incur additional fees, which vary depending on the premium stock website. The cost of any extras will be added to the Author’s bill at the time of the Project completion.
21. If the author wants to reserve a spot for a cover package at least three months before the start of the design, a $50 deposit is required. The slot in the schedule will not be reserved until the deposit has been paid. This is not a standalone fee, but part of the rates and will be deducted from the total. This is a non-refundable deposit in case the author cancels or forgets about the booking. This deposit will only be refunded if the author is not satisfied by the final design.
22. The Author agrees to pay the remaining balance of the invoice upon completion and approval of the design. Any extra costs incurred during the making of the cover will be added to the final bill. If the Author wishes to terminate the Book Cover before completion, the design files in their current state will not be handed over to the Author.
23. The Author approved and agreed to the final design before payment, so no refunds are possible after the final invoice has been paid.
24. The Designer will provide the final files of the Book Cover no later than the agreed date expressed in writing, unless unforeseeable events occur, through no fault of the Designer, that may delay production. These events include, but are not limited to, disease, loss of a close family member, crimes against the Designer and labor strikes.
25. If the Designer fails to provide the Book Cover within two weeks after the agreed deadline, the Author may, at the Author’s option, by written notice to the Designer, terminate this Agreement and receive a full refund. In such event, no damages, suits, actions, or proceedings shall be claimed, instituted or maintained by the Author against the Designer.
PUBLIC REVEAL OF COVERS AND DISCARDED CONCEPTS
26. The Designer reserves the right to display the Author’s finished cover in their portfolio and on social media sites at their discretion, however, they will grant the Author appropriate time for the public reveal of said cover. After six months, if the cover has not been made public by the Author, Designer reserves the right to post in their portfolio.
27. The Designer also reserves the right to display any version of the cover that was created during the process if they feel it is a better representation of their skills and work.
28. The Designer reserves the right to take any discarded concepts/rough designs that differ from the final product and reuse them at a later time, either for another client or as a premade cover, with any necessary modifications.
29. For custom covers, the client or Triumph Book Covers may cancel this agreement at any time by providing written notice to the other party. If either client or Triumph Book Covers cancels a project before the design process starts, neither the client nor Triumph Book Covers is under further obligation to the other, and this contract will be considered cancelled. All payments except the possible $50 deposit shall be refunded by Triumph Book Covers within seven (7) business days.
30. For custom covers, if either client or Triumph Book Covers cancels a project during the design process, neither the client nor Triumph Book Covers is under further obligation to the other, and this contract will be considered cancelled. All payments shall be refunded by Triumph Book Covers within seven (7) business days.
31. For premade covers, all purchases are non-refundable.
32. 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
33. 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.
34. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.
35. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by a dispute resolution organization, such as the American Arbitration Association, or other, in accordance with the provisions of its Commercial Arbitration Rules