TERMS OF SERVICE
The following terms and conditions apply exclusively to all products/designs/works and services provided by and contracts between
Jessica Mohring|Raven Ink Covers (designer) and the client (client).
This also applies in particular if the client uses general terms and conditions and these contain conditions that conflict with or deviate
from the general terms and conditions listed here.
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.
All design work is carried out by Jessica Mohring|Raven Ink Covers on the understanding that the client has agreed to abide by Jessica Mohring|Raven Ink Covers terms and conditions. Deviations from the conditions listed are only valid with explicit written consent of Jessica Mohring|Raven Ink Covers.
They also apply to all future business relationships, even if they are not explicitly agreed again.
Jessica Mohring|Raven Ink Covers requires the client to credit them in the imprint/copyright page (or another suitable place) as follows:
Cover Design by Jessica Mohring|Raven Ink Covers, www.raveninkcovers.com
2. COPYRIGHT – OWNERSHIP – RIGHT OF USE
Copyright and Ownership of all works and designs created, including proofs, concepts, ideas, remains with Jessica Mohring|Raven Ink Covers.
Client obtains the Right of Use:
Right of Use grants the client the use of the final design of their ebook/printed/associated promo material for the purpose it was bought for, i.e. an ebook cover can be published as an ebook cover only. If the client, for example, wants to publish their book as an audio book, the audio book cover has to be aquired for an additional fee.
The client/another designer/any third party may NOT alter the design in any way or form or use them for purposes outside the agreed terms and conditions. The client will contact Jessica Mohring|Raven Ink Covers if they wish to make any alterations. The client understands that these alterations may require additional payments.
The client/another designer/any third party may NOT copy or duplicate the branding of any products/designs/works/series created by Jessica Mohring|Raven Ink Covers. If the client wishes to work with another designer to continue their products/designs/works/series created by Jessica Mohring|Raven Ink Covers, both the client and designer need written permission to do so.
Copying and/or duplicating the branding without written consent is a direct violation of this terms/conditions/contract and of designer copyright.
The client may use their book cover for ads on social media. Textless artwork for promotional purposes only can be aquired for an additional fee.
Adding new text to textless artwork is prohibited without consent of Jessica Mohring|Raven Ink Covers.
The client may NOT post/share drafts of the working cover in any public forum. No sharing in groups for critiquing.
The client may post/share the final design on their website, social media and/or publishing platforms.
The client may NOT use any products/designs/works/images done by Jessica Mohring|Raven Ink Covers in whole, part, or as part of a derivative work, to create or sell non-fungible tokens (NFTs) of any kind.
It is the responsibility of the client to adhere to the license and usage conditions of the images and fonts used. Jessica Mohring|Raven Ink Covers purchases a STANDARD LICENSE for any stock/images used in any product/design/work.
The STANDARD LICENSE allows the use of images/stock by Jessica Mohring|Raven Ink Covers for creating ebook covers, print covers (up to 500'000 copies), bookmarks, business cards, digital promotional material and logos that are NOT officially registered as a trademark or service mark.
The EXTENDED LICENSE is required for merchandise like shirts, mugs, mousepads etc., not matter if they are to be purchased or given away.
The EXTENDED LICENSE has to be purchased by the client. Prices depend on the stock photo used and Jessica Mohring|Raven Ink Covers has no control over the prices.
By signing the contract/agreeing to the terms and conditions, the client also agrees to the terms and conditions and licenses of the stock photo company and does not hold Jessica Mohring|Raven Ink Covers liable for any violation of their terms/conditions/licenses.
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. In case of a property dispute arising by images/material provided by the client, the client assumes full legal and financial responsibility.
The designer reserves the right to refuse using client provided images if they see fit.
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.
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.
The designer will not infringe on the copyright of another designer’s work unless permission has been explicitly granted in writing to mimic said work. It is the responsibility of the client to proof permission has been granted.
Under no circumstances is the designer liable for the legal admissibility of the intended use (especially in terms of trademark law and competition law).
3. PAYMENT - FEES - CANCELLATION
Payments are to be made through PayPal.
Client agrees to pay upfront before work will begin on the project.
The client agrees to pay a non-refundable initial deposit of half (50%) of the estimated total cost in order to book the date for the project. The payment has to be made in full before the start of the project (latest one day before the project starts).
If the remaining balance is not paid before the start of the project, no work will be started and the deposit will be forfeit if there is no communication seven (7) days before the project date.
The client may postpone the project, but must reach out to Jessica Mohring|Raven Ink Covers seven (7) days before the project date.
If the client makes no effort to communicate with/contact Jessica Mohring|Raven Ink Covers via email within seven (7) days of their start date, no refunds will be issued for any funds paid.
If the client cancels the project within ten (10) days of their scheduled booking, a €50 kill fee will be enacted and the rest of any funds paid upfront will be refunded within seven (7) business days. If the client cancels with less than ten (10) days notice, a €100 kill fee will be enacted and the rest of any funds paid upfront will be refunded within seven (7) business days.
If the client requests a cancellation after the work has started and a proof has been submitted, the client will be held responsible for 50% of the total cost and not receive any final files.
This does not apply to projects reschuled ahead of time. Please contact Jessica Mohring|Raven Ink Covers within ten (10) days before the scheduled project date via email to reschudle.
Depending on the chosen package, revision rounds are limited to either two (2) (package HATCHLING) or three (3) (packages Fledgling and Raven) for custom book covers. Additional revision rounds will incur a fee of €35/hour.
Significant changes (like swapping out images) after the approval of the low-resolution file will come with a fee of €35.
Requesting changes after the final files have been sent will incur an additional fees. Prices of the changes depend on the complexity.
Images purchased under the standard license from Depositphotos are in the price included. Images requested from other stock sites (like ShutterStock, 123RF , NeoStock etc.) will incur additional fees.
Jessica Mohring|Raven Ink Covers reserves the right to give the client a price differing from those listed on the website. All prices and fees will be communicated before starting work.
Premade book covers are required to be paid upfront.
Premade book covers are sold “as-is”. Font changes (style, color) are included in the price.
For premade book covers, all purchases are non-refundable.
No expulsion of VAT according to §19 UStG.
4. PUBLISHING DATA – RAW FILES
Access to the raw .psd files is not included, due to copyright reasons and licensing restriction of the stock images used.
Access to the flattened artwork with a separate text layer can be provided for an additional fee of €150.
Jessica Mohring|Raven Ink Covers 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.
Jessica Mohring|Raven Ink Covers 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.
With the approval of drafts or final artwork by the client, 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 Jessica Mohring|Raven Ink Covers be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the products/designs/works and services created/offered by Jessica Mohring|Raven Ink Covers.
Jessica Mohring|Raven Ink Covers 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.
Jessica Mohring|Raven Ink Covers is not liable for data loss and/or file corruption due to Force majeure.
6.NON - DEFAMATION
The client shall not at any time, publicly or privately, verbally or in writing, directly or indirectly, make or cause to be made any defaming comments about Jessica Mohring|Raven Ink Covers and shall not disrupt the business of Jessica Mohring|Raven Ink Covers in any form or manner.
Data provided by the client is considered confidental and only used for the purpose of the project and communication between Jessica Mohring|Raven Ink Covers and the client and are not passed on to third parties.
8. DESIGN FREEDOM
Within the scope of the contract, the designer has freedom of design.
The acceptance may not be rejected for artistic / creative reasons.
This agreement contains the entire agreement of all parties. No additional promises or conditions, written or oral, apply to this agreement that are not included herein.
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 Jessica Mohring|Raven Ink Covers is agreed as the place of jurisdiction.
The ineffectiveness of one of the above terms and conditions does not affect the effectiveness of the remaining terms and conditions.