TERMS & CONDITIONS OUTLINE
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC)
All design work is carried out by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) on the understanding that the client has agreed to abide by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) terms and conditions.
Copyright of all graphic design work is retained by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing).
If multiple design concepts are submitted, only one concept is deemed to be given by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) as fulfilling the contract. All other artwork designs remain the property of Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC), unless agreed in writing.
PUBLISHING RIGHTS AND BRAND NAMING
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 Moonstruck Cover Design & Photography DBA and its employees from any and all libel and copyright and permission infringement action resulting from materials client provides.
Moonstruck Cover Design & Photography DBA holds the copyright to all work, book cover artwork and designs created. The Client will receive lifetime usage of your cover as part of your cover package. The designer will not give out raw or .psd layered files. The client, another designer, or any third party cannot alter or edit any files without permission. However, the client may purchase a design license for $350 which gives them or another 3rd party of their choosing the rights to the psd layered files. The client understands that Moonstruck Cover Design & Photography DBA holds all rights to artwork and can sell physical prints. Any proofs generated under this agreement that are not selected for the final designs, Moonstruck Cover Design & Photography may use for resale and the client shall not hold any rights to the concepts.
2. All client information is considered confidential and only for use by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) to provide a quote or complete a project. Client information will not be given out or shared with any third party, unless otherwise requested by the client.
3. Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) retains the right to use client’s name and book title on Moonstruck Cover Design & Photography DBA website and to market and promote our services.
4. Upon receipt of full payment, Moonstruck Cover Design & Photography grants the client exclusive license to use the final design artwork (PDF, JPEG or other format) in the purpose of the design was bought for without changingthe design. Example: An ebook cover can only be published as an ebook cover. A bookmark can be only printed as a bookmark, it cannot be repurposed into anything else such as a rack card, banner, etc.
- If a Title PNG is included or purchased you are able to use the Title PNG in your Book Interior and teasers
- If full print wrap was purchased you may print your book on a Print On Demand service
- You may post your design on publishing platforms, your website, blog, and social media outlets
5. The client understands that he/she, another designer or third party has no right to alter the design. If the client desires any alterations, he/she will consult Moonstruck Cover Design & Photography DBA. 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, Moonstruck Cover Design & Photography DBA through a third-party image provider for use in client’s designs.
7. If the client supplies Moonstruck Cover Design & Photography 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. Moonstruck Cover Design & Photography DBA reserves the right to request a copy of secured rights. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
8. These rights do not allow you to:
- Give the cover to anyone else for editing. Changes or imitations of the final cover artwork and/or design are strictly prohibited.
- Edits to the design, resizing the design, placing text over the design, cropping the design, altering the design in any way without written permission from Moonstruck Cover Design & Photography DBA is strictly prohibited.
- Repurposing the design is prohibited.
- These rights do not allow you to: Give the files to a publishing house. If you are picked up by a publishing house, please have them contact Moonstruck Cover Design & Photography directly at firstname.lastname@example.org and we will take care of the paperwork
- Do not allow you to use any of the cover design aspects and concepts in any other cover designs.
- Do not allow you to self-publish to audio publishers (through author’s independent company or third-third party distributor such as ACX/Amazon company) unless Audiobook Cover is purchased.
- Use any of the cover typography and/or artwork in any other cover designs without receiving prior permission from Moonstruck Cover Design & Photography DBA in writing. If you need to do any of these things with your cover, please email email@example.com and they will gladly help you with what you need to do.
- You cannot edit your cover, nor turn it into a gif by any other designer other than Moonstruck Cover Design & Photography DBA. The designer has added the service to her menu so if you would like one done, please contact the Moonstruck Cover Design & Photography DBA .
- You cannot sell or exchange your purchased premade design, custom design or work without permission from Moonstruck Cover Design & Photography DBA. All sales are final.
8. Moonstruck Cover Design & Photography DBA retains the right to use client’s design and name in Moonstruck Cover Design & Photography DBA portfolio and to market and promote our services. Moonstruck Cover Design & Photography DBA retains copyright and ownership of all design and draft materials.
9. Moonstruck Cover Design & Photography requires “Cover Design by Emma Rider at Moonstruck Cover Design & Photography” is stated in your paperback copy and ebook. In any ebook platform Moonstruck Cover Design also requires you to list “Moonstruck Cover Design & Photography” as your cover designer/illustrator. Tagging on social media platforms is not required but greatly appreciated.
10. The parties agree to submit any dispute under this License to binding arbitration under the rules of the American Arbitration Association in the following location: Mahoning County, Ohio, USA. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
11. Governing Law: This Agreement will be governed and construed in accordance with the laws of the State of Ohio without giving effect to principles of conflict of laws. Both parties agree to submit to jurisdiction in Ohio and further agree that any cause of action arising under this Agreement may be brought in a court in Mahoning County, Ohio, USA.
Additional terms and conditions exist in accordance to our parent company which can be found on their website, located at awtechsupport.com
10. The client is fully responsible for proofing the design provided by Moonstruck Cover Design & Photography DBA. Please check if any text is misspelled or misplaced on the proof before you approve the design and the final files are sent. Moonstruck Cover Design & Photography DBA reserves the right to charge an alteration fee if final files are sent and the text needs changed. It is strongly suggested that client requests a proof from the printer before ordering any copies of the design. At no time will Moonstruck Cover Design & Photography DBA be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the design.
11. Moonstruck Cover Design & Photography DBA 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. Moonstruck Cover Design & Photography DBA 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 a non-refundable initial deposit of half the estimated total cost before work will begin on the project. The remaining balance is due within 7 days of design approval. Moonstruck Cover Design & Photography DBA 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. Moonstruck Cover Design & Photography DBA 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.
- SERIES: Buyout Clause: If the client changes his/her mind on the Moonstruck Cover Design & Photography designing a series (2 or more books in the same series) there is a buyout option. Client agrees to pay 75% of the total estimated bill to terminate this contract.
- Sales Tax: According to Mahoning County and Ohio law, Moonstruck Cover Design & Photography has to pay sales tax for business services and/or design item sold due to the possibility of the work becoming part of a tangible product. Therefore, tax must be added to the invoice, unless the client can provide us documents making giving them tax exempt status. For more information read this: https://www.tax.ohio.gov/TaxEducation/photography.aspx
- LATE FEES: If the client becomes more than thirty (30) days late on a payment, Moonstruck Cover Design & Photography DBA may impose a $20 late for each thirty (30) days of non payments. Payments made shall be prioritized towards late fees first. If no payments are made after six (6) months, then Moonstruck Cover Design & Photography DBA may cancel this entire agreement, release the proofs for resale, keep any monies already paid with no refunds, and the Client shall not receive any final files or licensing rights. If the Client wishes to start another agreement with Moonstruck Cover Design & Photography DBA after this six (6) months of non-payments, then the Client may be required to pay in advance a non-refundable down payment in the amount of up to 100% of the total estimated costs.
CANCELLATION AND REFUND POLICY
13. The client or Moonstruck Cover Design & Photography DBA may cancel agreements at any time by providing a 14 day written notice to the other party. If either client or Moonstruck Cover Design & Photography DBA cancels a project before work has started, neither the client nor Moonstruck Cover Design & Photography DBA is under further obligation to the other, and agreements will be considered cancelled. The client understands that the deposit is non-refundable. If work has been started and a proof has been submitted before the requested cancellation, then the Client will still be responsible for 75% of the total estimated costs and shall not receive any final files. Management holds the discretionary rights to make special case circumstances for reduced rates for any cancelation request.
14. If the client should stop or cancel a design job once it has started, the client will have no rights to any mockups sent to the client and agrees to destroy them. The client understands that cancelling or stopping a project mid-design will ultimately mean losing the 50% non-refundable deposit.
15. We sincerely request that you trust us to do the job you are paying Moonstruck Cover Design & Photography DBA to do. That you will take on board suggestions, and ideas, to be in your best interests. We take pride in our work and are not art-workers, therefore, any form of micro-managing, or forced art direction during the development of the project will not be tolerated.
We reserve the right to keep the nonrefundable deposit, and suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique book cover ideas/concepts, and/or shows reluctance in paying the final payment.
Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Moonstruck Cover Design & Photography DBA.
16. 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.