You, the Client, are purchasing from JamieBee Designs custom art, formatting, and/or other Services as described in detail via correspondence, quote, and/or invoice.
The fees for design services and other work provided by JamieBee Designs vary based on the project. JamieBee Designs reserves the right to add additional fees for any revisions above and beyond a normal design process. Fees posted on the website are subject to change without prior notice.
Client shall pay Designer’s expenses incurred in connection with the Project including but not limited to costs for postage, shipping, overnight courier, etc., incurred by Designer with Client’s prior approval, unless specifically otherwise provided for.
The Project pricing includes Designer’s fee only. Any and all outside costs including, but not limited to, photographer’s costs and fees, photography and/or artwork licenses, with Client’s prior approval, will be billed to Client unless specifically otherwise provided for.
A conceptual design, indicative of the final Work (“Project”) will be produced by JamieBee Designs for review and approval prior to the creation of the final deliverable Work.
Work includes only the final, deliverable art, and not any preliminary Work or sketches. Original working files which include Photoshop, InDesign, and Illustrator are NOT included as part of the final product of any design work performed by JamieBee Designs.
Client agrees to pay an initial deposit of half the total cost before work will begin on the Project. Premade covers must be paid for in full before work will begin on a premade cover order. Client agrees to pay the full amount agreed to upon approval of the final book cover design, completion of manuscript formatting, or other contracted project. JamieBee Designs will not release finished files to the client or other parties until final payment has been received, which will conclude this agreement. JamieBee Designs retains the right to discontinue, withhold, or suspend services for any account should payments not be paid for a contracted project in the order specified. All payments are made through PayPal and clients will be invoiced by JamieBee Designs.
If your project includes stock photography, you are responsible to abide by the terms of any license agreement related to that stock. Please note that stock photo sites require extended licenses for reproduction/print runs over an average 500,000 impressions (actual amount varies according to image provider). Fees associated with these extended licenses are the sole responsibility of the client. A copy of the agreement will be provided by JamieBee Designs upon request. The Terms and 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.
As JamieBee Designs does rely on stock photography, there is a chance that another author or designer will use the same image, and JamieBee Designs cannot be held liable in such a circumstance.
All approvals are absolutely final. You may request changes after final approval is given, but additional fees will apply and any deadline for delivery of finalized files is no longer guaranteed.
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 JamieBee Designs and its employees from any and all libel and copyright and permission infringement action resulting from materials client provides. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
Upon receipt of full payment, JamieBee Designs grants the client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her book and/or e-book cover and associated promotional materials. The only files not provided are the original working files which include, but not limited to the Photoshop, InDesign, and Illustrator files.
The client may not 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 JamieBee Designs. The client understands that additional payments may be required to make these alterations.
JamieBee Designs reserves the right to display all aspects of our creative work project as part of our portfolio, including sketches, work-in-progress designs and the completed project on our portfolio, to market and promote our services, and to write about the project in articles on websites, in magazine articles and in books.
JamieBee Designs retains copyright and ownership of all design and draft materials, including initial concepts not chosen. JamieBee Designs is allowed to use the unused or rejected design concepts as she sees fit, including, but not limited to, sale as a Premade Cover or offered to another client. The client does not have the right to use any initial concepts for promotion or any other use, unless purchased separately.
If further work is needed beyond the agreed upon terms, the client will pay JamieBee Designs in full for all of the work that we have produced until that point and may either cancel this contract or continue to commission us to make further design revisions at a rate of $25 per hour.
JamieBee Designs /Jamie Banta is not liable for incidental, consequential, special, indirect, 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 my services. JamieBee Designs /Jamie Banta is not responsible for any loss, claim or injury based on errors or any other inaccuracies appearing on my site or in my clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.
JamieBee Designs /Jamie Banta is not liable for any infringements including, but not limited to, book titles, characters, author names, places, or any other person, place or event. It is the client’s responsibility to ensure he/she is not infringing on someone else’s intellectual property.
Design credit to appear in client’s book (on the back cover and/or the copyright page for e-books) in one of following ways:
“Book Cover Design: JamieBee Designs ”
“Book Cover Design by Jamie Banta of JamieBee Designs”
“Book Cover Design and Interior Formatting by JamieBee Designs ”
“Interior Formatting by JamieBee Designs ”
Client will supply all assets and information, materials, payments, and provide feedback and approvals necessary to complete the project in a timely manner and provide it in the formats we ask for.
Client is fully responsible for proofing the book cover design, interior formatting, and promotional materials designs provided by JamieBee Designs. The client is advised to request a proof copy from the printer before publishing or ordering any copies of the book or other materials. At no time will JamieBee 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, interior formatting, promotional materials designs, or any other work. This applies to all services provided by JamieBee Designs.
This agreement will continue until completion of the services, unless terminated earlier by by providing email notice to the other party. Should either party terminate this agreement prior to the end of the term, the client will pay to JamieBee Designs the unpaid portion of fees for services that were performed, plus all unpaid reimbursable expenses, within 30 days. The client will have no rights to any mockups or formatted files sent to the client and agrees to destroy them.
Notwithstanding the previous paragraph, if either Party materially breaches any term of this Agreement, and such breach is not cured within 3 days of receiving written notification, JamieBee Designs reserves the right to end the project immediately.
All client information and materials are considered confidential and only for use by JamieBee Designs to complete a project. No information will be shared with any third party, unless otherwise requested by the client.
Clients may not post initial drafts, mockups, concepts, or the like on social media. Social media refers to any public website online including, but not limited to: Facebook, Twitter, Instagram, author’s website/blog, etc.
MODIFICATION OF AGREEMENT
This agreement shall only be amended upon the written approval of both parties. Neither Party is permitted to assign its rights, duties, or obligations under this agreement to any other party without prior written consent from the other Party.
This agreement constitutes the entire agreement between JamieBee Designs and the client with respect to the performance of the Services requested.
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.
By purchasing services from JamieBee Designs, which includes custom covers, premade covers, formatting, and/or other projects, you agree to the above terms and affirm that you have read and understood them fully.
Posted June 1, 2016