TERMS OF SERVICE
1.1. The following terms and conditions apply to all contracts concluded between Jessica Mohring (hereafter referred to as “Designer”) and you (hereafter referred to as “Client”).
They also apply to all future business relationships, even if they are not explicitly agreed again.
1.2. Differing conditions of the client, which the designer does not explicitly recognize, will not become part of the contract, even if the designer does not explicitly object to them.
2.COPYRIGHT – OWNERSHIP – RIGHT OF USE
2.1. Copyright and Ownership remains with the designer. Client obtains the Right of use.
2.2. The designer is allowed adding the work to her portfolio and/or uses a printed version of it for promotional purposes at their discretion. The designer grants the client an appropriate amount of time (6 months) for a public reveal of the cover. After that, the designer reserves the right to post the work in their portfolio.
2.3. The designer reserves the right to display any version of the created cover if they find it is a better representation of their skill set than the final product. The designer also reserves the right to re-use discarded concepts that differ from the final work, either for another client and/or a premade cover.
2.4. Client obtains the Right of Use:
Right of Use grants the client the use of the final cover design for their eBook and/or printed book and associated promo material.
2.5. Clients may not alter the design in any way or use them for purposes outside the agreed terms and conditions. If in doubt, please ask.
2.6. It is the responsibility of the client to adhere to the license and usage conditions of the images and fonts used.
For further information on DepositPhotos terms of their standard license, visit here.
2.7. For images provided by the client to be used in the project, the client is solely responsible to obtain all rights and permissions needed to use the material in the project. At no time is the designer held accountable for copyright and permission infringements caused by materials provided by the client. The designer reserves the right to refuse using client provided images if they see fit.
2.8. The designer will not infringe on the copyright of another designer’s work unless permission has been explicitly granted to mimic said work. It is the responsibility of the client to proof permission has been granted.
2.7. Under no circumstances is the designer liable for the legal admissibility of the intended use (especially in terms of trademark law and competition law).
2.8. Please credit the designer as follows in the imprint (or a suitable place):
© Jessica Mohring – www.raveninkcovers.com
3.PRICES AND PAYMENT
3.1. No final files will be delivered on invoices with outstanding balances.
3.2. Custom covers require a deposit of €50 per cover.
3.3. If the client cancels the project, there is a project kill fee of €50 (covered by the deposit).
This does not apply to projects rescheduled ahead of time.
3.4. After approval of a low-resolution file, the remaining balance of the invoice is due.
3.5. Payments must be made through PayPal.
3.6. Revision rounds are limited to two (2) for custom book covers. After that, additional fees of €35/hour will incur.
3.7. Significant changes (like swapping out images) after the approval of the low-resolution file will come with a fee of €25.
3.8. Requested changes – after the final files have been sent – will come with a fee of €35/hour.
3.9. Images purchased under the standard license from Depositphotos are in the price included. Client requested images from other stock sites (like ShutterStock, 123RF etc.) will incur additional fees.
3.10. The designer reserves the right to giving the client a price differing from those listed on the website. All prices and fees will be communicated before starting work.
3.11. Premade book covers are required to be paid upfront.
3.12. Premade book covers are sold “as-is”. Font changes (style, color) are included in the price.
3.13. For premade book covers, all purchases are non-refundable.
3.14. No expulsion of VAT according to §19 UStG.
4.PUBLISHING DATA – RAW FILES
4.1. Access to the raw .psd files is not included, due to copyright reasons and licensing restriction of the stock images used.
4.2. Access to the flattened artwork with a separate text layer can be provided for an additional fee of €100.
5.LIABILITY AND WARRANTY
5.1. The designer is liable only for intentional or grossly negligent caused damage.
Excluded from this are breaches of duty whose observance is of importance for the purpose of the contract (cardinal obligation).
In the case of damage resulting from injuries to life, limb and health, the designer is also liable for slight negligence.
5.2. It is the responsibility of the client to check the work performed for any defects and to inform the designer. Obvious defects must be reported in writing to the designer within 14 days (fourteen days).
It is strongly suggested that client requests a proof from the printer before ordering any materials using the book cover design.
5.3. With acceptance of the book cover and / or the release of drafts, the responsibility of the correctness of picture and text lies with the client.
In that regard, the liability of the designer is eliminated. At no time will the designer 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.
5.4. The designer guarantees storage of all source and work files for two years (2 years). Files that are lost or damaged within this period will be restored to the client for free by the designer.
6.1. Data provided by the client (name, email address, address) are only used for the purpose of communication between the designer and the client and are not passed on to third parties.
7.1. Within the scope of the contract, the designer has freedom of design.
7.2. The acceptance may not be rejected for artistic / creative reasons.
8.1. If the client does not have a general place of jurisdiction in Germany, relocates his domicile or habitual residence abroad after the conclusion of the contract or if both contracting parties are merchants, then the place of residence of the designer (Jessica Mohring) is agreed as the place of jurisdiction (district court Loerrach, Germany).