Terms and Conditions - Ever After Cover Design

TERMS & CONDITIONS

This is Ever After Cover Design's standard terms and conditions. Please make sure you thoroughly read everything on this page before making any agreements.

Agreement

This Agreement shall be deemed to be accepted by the author from the receipt of the 50% deposit.

Payment

Initial Payment

A non-refundable 50% deposit is required to secure all bookings. This deposit must be paid within 5 days of the sent invoice date.

Please note: The date of the received deposit is not the date of clients booking. Booking date is scheduled and agreed upon prior to the receival of the deposit payment link.

Final Payment

Final payment is due within 7 days of project completion. Unless discussed with us, a 30 USD late fee will be added for each week that payment isn’t made. No files will be sent until the final payment is made.

Premades

Sales of pre-made designs are considered final. No refunds or exchanges will be provided after the invoice is settled. A payment window of 24 hours is provided upon invoice issuance; failure to remit payment within this timeframe will result in the item being made available for purchase by others. Additionally, completion of an information form is required, and the generation of all final files is expected to be completed within 1-2 weeks upon submission of the required details.

Deliverables

All deliverables will be delivered via google drive after receipt of your final payment. Due to timezone differences between our designers and PA’s, clients must allow up to 24-48 hours after payment to receive this link.

Timeline

Bookings

We always recommend booking well ahead of any scheduled deadlines to allow for any revisions, re-drafts, delays or emergencies for either parties to ensure deadlines are not affected and met.

Initial Drafts

Ever After Cover Design will take up to 10 business days to provide a draft. If a draft is taking longer than expected to make, the client will be notified.

Revisions

Unless specified in a package, Ever After Cover Design allows up to 3 rounds of revisions and 1 re-draft. Revision information must be given by the client within 3 days of the date that the draft is given. Revisions will be made by designers within a week of each round (if revisions are given on time and the type of revisions allow quick turnarounds times. The author will be notified if additional time needs to be taken.)

If a re-draft is requested, authors will have to allow another 10 business days for a new draft. A re-draft can not be requested after being given revisions for the first draft. Each requested change or re-draft will take extra time on Ever After Cover Design’s part to complete and delay the completion of the final book cover. Ever After Cover Design is not responsible for missed deadlines on the client’s end due to additional changes.

We have estimated that our process including the 2 week draft time, one re-draft and 3 full rounds of revisions may take up to 6 weeks to complete. This does not include any of the additional rounds of revisions included in larger packages, how big revisions are, how many revisions there are, redrafts or weekends, Christmas, New Years and public holidays.

Final files & PDF’s:

As previously mentioned, final files will be sent after we have received final payment. PDF’s will not be sent until we receive a final page count, trim & page color. Under the circumstance where a page count has not yet been provided, a date will be booked for a client’s cover re-size upon project confirmation. We recommend booking this date two weeks before deadlines.

Project Completion

Client Approval

The client must clearly approve the cover and any additional files before any files are exported and sent.

Attribution

Ever After Cover Design requires cover design credit to appear in at least one of two locations in the Client’s book.

1. Copyright page
2. On the back of the cover

Attribution should appear as either of the following:

Cover Design by Acacia @ Ever After Cover Design

Cover Design by Silver @ Ever After Cover Design

Cover Design by Daniela @ Ever After Cover Design

Cover Design by Aliyah @ Ever After Cover Design

Additionally, Ever After Cover Design must be tagged/mentioned in all social media posts or PR company blast.

Facebook & Instagram: @everaftercoverdesign

Ownership & Copyright

All preparation materials, sketches, visuals, including the electronic files used to create the project remain property of Ever After Cover Design. Final payment ensures that only use of the design & deliverables become your property.

All subrights, (foreign and audio) MUST pay and sign a licensing agreement for rights to use the cover.

The moment an idea or creative concept is documented on paper or electronically it is automatically protected by copyright in Australia. Copyright protection is free and automatic under the Copyright Act 1968.

Australian copyright material is protected overseas.

Under the Act, copyright protection happens automatically when any original work is created. You don’t have to register the work as there is no formal system for the registration of copyright in New Zealand. Although not required by law, it's a good idea to include a copyright statement on a work.

New Zealand copyright material is protected overseas.

Client Restrictions & Responsibilities

The client does not have any rights or permission to use/modify/alter/replicate or borrow any of the ideas/concepts/sketches that Ever After Cover Design presents. Furthermore, designs and their concept, including layout, image style, coloring, placement and fonts are not permitted to be recreated or altered by another person.

All original preparation materials including drafts, sketches, visuals and unused ideas shown and considered will remain the property of Ever After Cover Design.

If you are a book box company or a client Ever After Cover Design has designed an exclusive for a book box company, our designs can not be used to re-create alternative covers, bookmarks or any other type of art for your books. These designs specifically are created as limited exclusives.

If you are a publisher, all rights stay with Ever After Cover Design upon the transfer of files. These files can not be modified or altered outside of adjustments for print, logo, credit and barcode additions.

Should the client attempt to use/modify/alter/replicate or steal any of Ever After Cover Design’s work, legal counsel will be taken.

Ever After Cover Design highly recommends authors to proof their work before publishing or ordering official print copies.

Ever After Cover Design will not be responsible for financial or legal issues such as cost, fees, or expenses incurred by the Client as a result of using the book cover design.

If the Client provides materials subject to intellectual property rights by a third-party, the Client will secure the appropriate rights to use the materials before directing Ever After Cover Design to incorporate them into their project. Ever After Cover Design reserves the right to request a copy of the secured right. Should any intellectual property dispute arise involving materials the Client provides, they assume full legal and financial responsibility.

Project Termination

Either party may terminate this contract at any time for any reason they deem necessary with written notice.

If the client decides to cancel a project prior to their booking, no additional charges will incur, nor will their deposit be refunded.

Reasons for cancellation may include:

Violation of contract or terms and conditions.
Project extending outside of two month period.
Client sharing unfinished work with outside parties not including the clients team or Ever After Cover Designs team.
Micro-management
Unprofessional, rude, or disrespectful behavior.

If the project has started, the client will be responsible for paying an additional 25% of the project total prior to the project termination.

Should the client choose to cancel this project after project completion and confirmation, the client will remain responsible for full payment of the complete project total.

Should the client violate our terms of service in any way, EACD has the right to cancel the project.

Disputes and Resolutions

If at any stage, the client feels that their needs are not being met, please get in touch with us as soon as possible so that we can come to an agreement on how we can continue to work together moving forward. This agreement must satisfy both parties involved to ensure work can proceed efficiently.

If we are unable to come to a resolution within 7 days and the client wishes to request a formal dispute, all work will cease and a counter dispute will be provided to necessary parties.

Should the client choose to file a dispute but the client and Ever After Cover Design come up with a resolution outside of the dispute claim, work will be put on hold, dispute evidence and confirmation of client and Ever After Cover Design’s decisions will be submitted. It is up to the client to inform their bank and make sure all claims are settled. Work (if not yet completed) will not proceed until money is back in our possession. (If project is completed) Files will not be sent until the full project total is paid.

Should work cease due to dispute claims and need to continue, a new contract will be agreed to and signed with reassessed deadlines and deliverables.

If a client proceeds with a dispute without informing Ever After Cover Design, all work will cease and dispute evidence will be provided to necessary parties until a resolution has been made. Should this happen it is within Ever After Cover Design’s discretion to continue working with the client during current or on future projects.

If a client proceeds with a dispute on a non-refundable deposit and work has started, terms and conditions along with evidence of client agreement will also be provided to necessary parties. In this case, work will cease, your booking will be canceled and all work will remain with us to repurpose and resell at our discretion. Any future work with client will be automatically declined. Rights for any past and present project Ever After Cover Design has made will remain with Ever After Cover Design (See ‘Project Termination Terms and Client Restrictions sections for further details.)

Stock Images & Project Resources

Stock Images
The selected image is exclusive to this particular project, with Ever After Cover Design retaining complete rights to the photo. It is acknowledged that other authors or designers may potentially use identical or similar images/models, Ever After Cover Design cannot be held accountable for the presence of similar imagery on other book covers.

The photo is strictly restricted from being sold, reused, or utilized outside the specified context, except for book-related printing, reproductions, and similar purposes. Its usage is permitted for paperback and ebook promotion as well as online promotional activities, but it cannot be employed for resale items other than the eBook and print book. Should the client wish to create additional sale items featuring this photo, the acquisition of extended rights is necessary.

Any usage of the photo on other printed works by alternate designers requires explicit discussion and agreement. Ever After Cover Design maintains sole rights to the specified photo. In all circumstances, no alterations to the image are permitted without the prior permission of Ever After Cover Design.

AI Usage

Ever After Cover Design exclusively refrains from utilizing AI-generated imagery. Although inadvertent errors may occur, and reputable platforms might not consistently label AI accurately, we diligently strive to prevent such oversights. In the event that an unintentional mistake involves the use of an artificially generated image in our design, we are committed to rectifying the situation promptly. We will take corrective action by modifying the cover to remove any inadvertently included AI-generated elements. Recognizing the inevitability of occasional accidents and acknowledging our human fallibility, we assure our clients that we will take the necessary steps to rectify any such occurrences promptly and professionally.

Limitation of Liability

Loss or damages

You agree and accept that Ever After Cover Design is not legally responsible for any loss or damage suffered or incurred related to use of any of our services, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on any information or materials Ever After Cover Design may produce, amends or designs is entirely at your own risk, for which we shall not be liable.

You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude liability of Ever After Cover Design for any such inaccuracies or errors to the fullest extent permitted by law.

Ever After Cover Design affirms that all designs presented to you will be original and to the best of our knowledge will not infringe/plagiarize any other work. However, Ever After Cover Design assumes no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of our work.

Confidentiality

Ever After Cover Design hereby acknowledges he/she may be involved in or become aware of information that relates to the client on a personal level including information related to the client’s past, future, present, customer names, marketing plans, project information & financial documents. Ever After Cover Design agrees to protect all the above information and keep any information obtained confidential. However, the designer will be permitted to display final work on their website, social media and in promotional materials.

Governing Law

This agreement is governed by the laws of Queensland, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.

PLEASE NOTE THAT PAYMENT OF THE DEPOSIT OR FULL AMOUNT SIGNIFIES THE CLIENT’S UNDERSTANDING AND ACCEPTANCE OF EVER AFTER COVER DESIGN’ POLICIES AND CONDITIONS. FURTHERMORE, BY ACKNOWLEDGING THIS CONTRACT, THE CLIENT EXPRESSLY AGREES TO ABSOLVE EVER AFTER COVER DESIGN ENTIRELY FROM ANY LIABILITY, INCLUSIVE OF FINANCIAL OBLIGATIONS.