E-book Cover Terms and Conditions
These terms and conditions, when agreed to and accepted by you (the client) after you enter your full legal name and click “I agree…” will create a binding and legally enforceable contract between you (the client) and Bookfly Design LLC. Please read these terms and conditions carefully before clicking “I agree…” and submitting your form.
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 Bookfly Design LLC 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).
2. All client information and materials are considered confidential and only for use by Bookfly Design LLC 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. Bookfly Design LLC’s fee for design of an e-book cover is $549 and includes the following:
- A lower-resolution jpeg file formatted for use as an e-book cover.
- Smaller images of the book cover suitable for promotional use.
- 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.
The book cover design service does not include original artwork or illustrations, copywriting or text editing services, or anything else not specified in the included list above.
4. Upon receipt of full payment, Bookfly Design LLC 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.
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. If the client desires any alterations, he/she will consult Bookfly Design LLC. 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 Bookfly Design LLC 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.
7. Bookfly Design LLC retains the right to use client’s final book cover design, name, and book title in Bookfly’s portfolio and to market and promote our services. Bookfly Design LLC retains copyright and ownership of all design and draft materials.
8. If the client supplies Bookfly Design LLC 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.
9. Bookfly Design LLC requires cover design credit appear in client’s e-book as such: “Cover design by James T. Egan of Bookfly Design."
10. Client is fully responsible for proofing the book cover design provided by Bookfly Design LLC. 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 Bookfly Design LLC 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.
11. Bookfly Design LLC 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. Bookfly Design LLC 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.
12. Client agrees to pay an initial deposit of half the total cost before work will begin on the project. The remaining balance is due upon approval of final book cover design. Bookfly Design LLC 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. Bookfly Design LLC 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.
13. The client or Bookfly Design LLC may cancel this agreement at any time by providing written notice to the other party. If either client or Bookfly Design LLC cancels a project before work has started, neither the client nor Bookfly Design LLC is under further obligation to the other, and this contract will be considered cancelled.
14. 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.
15. 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
16. 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.
17. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.
18. Once you have read and agree to the terms and conditions and have no further questions, please click “I agree” and submit. Once initial payment has been received, your project will commence as scheduled.