Book Cover Designs
Terms & Conditions
These terms and conditions, when agreed to and accepted by you (the client) after you enter your full legal name and click “Sign Contract” will create a binding and legally enforceable contract between you (the client) and May Dawney Designs. Please read these terms and conditions carefully before submitting your form.
DESIGNER RESPONSIBILITIES
-
All Premade designs include three minor alterations (excluding replacement of the filler text with client's title, author name, hook(s), and blurb) without additional fees. All subsequent individual changes come with a NZD $30 fee.
-
For Premade Cover designs, E. L. Julian is bound by contract to ensure each cover is one of a kind and will not be resold to more than one client. All purchased premade covers will be removed from sale and will not be duplicated by E. L. Julian.
-
For Custom Cover packages, E. L. Julian 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 in mind.
-
All Custom and Premade covers will be accompanied by a specification sheet outlining and linking images used, fonts used (including size and style specifications), and any additional required information.
-
E. L. Julian will not infringe on the copyright of another designer’s work, unless express permission has been granted to mimic said art.
-
In case of series continuations, the burden of proof is with the client.
CLIENT RESPONSIBILITIES
-
Client will provide final title, author name, hook(s) (if applicable), blurb (if applicable); and , in the case a book cover spread for paperback was purchased, client will advise their desired trim size (all covers are 5x8" standard), the final FORMATTED page count in client's chosen trim size (for the spine), confirm their paper type (white or cream).
In the case that a Premade cover is being purchased ahead of time (before client's book is completed), proof of purchase will need to be provided along with the above information when the client is ready to pursue their finalised cover.
-
Client is fully responsible for proofing the book cover design provided by E. L. Julian, and for ensuring that all if the above information is accurate and correct. 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 E. L. Julian 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.
-
If the client supplies E. L. Julian 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.
-
Client must keep an open dialogue, and advise E. L. Julian of any delays with sending any feedback, changes, or information relevant to completing the work(s). Should the client not respond to emails and/or provide feedback or required information within a reasonable time frame (2-3 weeks), it is within the Designer’s right/discretion on whether the work can be completed to the original due date. (Designer will keep communication open, and send reminders if feedback hasn’t been received after 3-4 days or after a previously agreed on time to ensure client received the relevant emails). The designer will openly discuss this with client, and advise on alternate dates the work can be completed by, if need be, or alternative solutions.
PAYMENT
-
Client agrees to pay upfront before work will begin on the project. All custom design quotes require a 30% deposit upon acceptance of the quote before any design work will commence. E. L. Julian will not release finished files to the client or other parties until final payment has been received. E. L. Julian 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.
-
E. L. Julian is open to flexible payments via installments; all payment options will be discussed and agreed upon with the client and confirmed in writing.
-
For custom book cover design services, a NZD $50 deposit fee may be requested in case the design slot is reserved a minimum of a month from the current date. In this case, the slot will not be reserved until the deposit has been paid. If client has paid for a reservation but no longer requires it before any work has commenced, their deposit will be refunded.
PUBLISHING RIGHTS
-
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 E. L. Julian 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
-
All client information and materials are considered confidential and only for use by E. L. Julian 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.
ATTRIBUTION
-
E. L. Julian has made crediting them in the book optional. This credit may appear in client’s book as such: “Cover design by E. L. Julian”
LIABILITY
-
E. L. Julian 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. E. L. Julian 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.
-
That said, E. L. Julian 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. E. L. Julian also agrees to edit free of cost or refund any cover, promotional item, or other provided artwork should questionable stock have been used.
OWNERSHIP RIGHTS
-
Upon receipt of full payment, E. L. Julian 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 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 E. L. Julian. The client understands that additional payments may be required to make these alterations.
-
The client agrees to abide by the terms of any license agreement for any images purchased by E. L. Julian 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. This includes the use for commercial promotional material. For a list of what can and cannot be created with the design, see here.
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.
The client will then pay the fee of $90 – $99 (as per spring 2024) per image. No other compensation will be requested by E. L. Julian for the service.
-
E. L. Julian retains the right to use client’s final and draft book cover design, name, and book title in E. L. Julian's portfolio and to market and promote their services. E. L. Julian retains copyright and ownership of all design and draft materials.
-
If the client supplies E. L. Julian 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.
CANCELLATION POLICY
-
For premade covers, all purchases are non-refundable.
-
For custom covers, the client or E. L. Julian may cancel this agreement at any time by providing written notice to the other party.
If either client or E. L. Julian cancels a project before the design process starts, neither the client nor E. L. Julian is under further obligation to the other, and this contract will be considered cancelled. All payments, including deposit, will be refunded within 7 working days.
If client cancels a project after the design process has started and significant amount of work has already been carried out, neither the client nor E. L. Julian is under further obligation to the other, and this contract will be considered cancelled. All payments, excluding deposit, will be refunded within 7 working days.
COMPLETE AGREEMENT
-
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 AGREEMENT
-
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
-
The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.