Terms & Conditions

 

Terms and Conditions / Service Agreement for Premade Cover Art

 

Summary: We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract we avoid complicated legal terms or large passages of unreadable text whenever we can. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

In short: You are purchasing from All Kinds of Covers, the agreed-upon premade book cover.

In more detail: As our customer, you have the power and ability to enter into this contract on behalf of yourself, your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner as well.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.

This contract includes the purchased design plus the opportunity for you to make 3 minor revisions as offered. If you’re not happy with the designs at this stage, you may either cancel this contract or continue to commission us to make further design revisions at the hourly rate.

Proof(s) Time frame: All required information for the first proof of a premade cover design must be received by All Kinds of Covers within 1 year of the original purchase. If this time frame is exceeded, additional fees may apply. All required information for the first cover in a Premade Series purchase must be received by All Kinds of Covers within 1 year of the original purchase. Each additional cover included in the Premade Series purchase increases the time frame by 1 year. In other words, if a 2 cover series is purchased, the first cover’s information must be submitted within 1 year and the second cover’s information must be submitted within 2 years. If this time frame is exceeded, additional fees may apply. 

Final Approval: All approvals via the Proofs process are absolutely final. You may request changes after final approval is given if necessary, but additional fees will apply and any deadline for delivery of finalized files is no longer guaranteed.

Original artwork files are NOT included as part of the final product of any design work performed by All Kinds of Covers. However, if you absolutely must have access to an editable file, inform us immediately and state your intended use of the file. We do not promise to deliver editable files for any reason, but if we agree that editable files will be provided, additional fees will apply.

Stock Photography: If the premade cover you have purchased includes stock photography, you are responsible to maintain the Terms & Conditions related to that stock. A copy of the agreement will be provided by All Kinds of Covers upon request.

Exclusivity: Premade designs created by All Kinds of Covers are sold exclusively to one customer. Premade covers are never re-sold. However, we do rely often on stock photography, so there is a chance that another author or designer will use the same image and thus All Kinds of Covers cannot be held liable in such a circumstance.

Legal Stuff: It is agreed that All Kinds of Covers is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval must be given in writing), committed to print or posted in view of the public. All Kinds of Covers will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify All Kinds of Covers of any such errors during the revision cycle and before the final files have been generated. We can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of any errors approved by the client.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights and Licensing: You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the design are either owned by you (yourself or yourselves), or that you have permission to use them.

When we receive your final payment, copyright is assigned as follows:

You are licensed to use the graphics and other visual elements for the purpose(s) for which they were created. This is a personal and royalty-free license to use the work produced by All Kinds of Covers in the designated manner. You are responsible for notifying All Kinds of Covers if you are printing over 500,000 copies as extended licensing may be required. Extra charges may apply. You may resize the cover for promotional and/or marketing needs as long as the full-sized file is not stretched beyond 50% of the original dimensions. Any changes to the art or sub-licensing to others must be pre-approved by All Kinds of Covers and may require additional cost. For book covers: The client is issued an exclusive license to use the final cover design for his/her book and/or e-book cover and associated promotional materials. For add-on designs or other custom designs that are not book covers: The client is issued an exclusive license to use the final files for the stated purpose only.

We will provide a copy of the finalized files and you should store them safely as we are not required to keep them. We will not provide any native source files that we used in making the finalized files. Finalized files consist of ready-to-use artwork. Though the following list is not all-inclusive, these are the standard for commonly produced items at All Kinds of Covers: Ebook covers, a web-quality (72dpi) JPG; print layouts for book covers, a press-ready PDF; social media and web banners, a web-quality (72dpi) JPG; digital box sets and digital collections, a web-quality (72dpi) JPG; interior graphics, a print-ready (300dpi) JPG. Any deviation from these will need to be discussed with All Kinds of covers and may require an additional fee.

You own text content, photographs and other data you provided, unless someone else owns them. The Terms & Conditions of the stock photography purchased for inclusion in the final design are assigned to the client and applicable to your use of the finalized files. It is your responsibility to ensure proper attribution is given where necessary for any resources included in the finalized files.

We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about design.

Attribution: Attribution to All Kinds of Covers for the design is required. It can be included in the front matter and/or on the back cover of the design. Please use either “Cover design by All Kinds of Covers” or “Cover design by All Kinds of Covers (www.allkindsofcovers.com)”.

The Not-So-Small Print: Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of courts within the Canada and/or the United States of America.

By purchasing a pre-made cover from All Kinds of Covers, you agree to the above terms & affirm that you have read and understood them fully.

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