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Terms & Conditions
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PUBLISHING RIGHTS
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. The Client agrees to indemnify, hold harmless and defend speaking in vector, and its employees from any and all libel and copyright and permission infringement action resulting from materials Client provides. The book material the Client provides must not be a public domain work (unless Client is the original author).
RESPONSIBILITY OF THE CLIENT
The Client agrees to review speaking in vector’s work, provide feedback and sign-off on approval in a timely manner. speaking in vector will not be responsible for any delays as a result of the Client’s lack of timeliness.
It is agreed that speaking in vector is not responsible or held liable for any errors contained in the final product after the final product has been approved by the Client via the Proofs process, committed to print or posted in view of the public. speaking in vector will not be held responsible for any changes or amendments after approval. It is the sole responsibility of the Client to notify speaking in vector of any such errors during the revision cycle and before the final files have been generated. speaking in vector can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of any errors approved by the Client.
CONFIDENTIALITY
All Client information and materials are considered confidential and only for use by speaking in vector to provide a quote or complete a project. Client information and project materials will not be given out or shared with any third party, unless otherwise requested by the Client.
COVER DESIGN SERVICES
speaking in vector’s fee for design of a print book cover includes the following:
• A complete paperback book cover design and layout of the front, back and spine set to Client’s printer specifications. Client must supply or direct speaking in vector to printer’s template with specifications or written specs.
• A high-resolution, print-ready PDF of the cover to send to Client’s printer.
• A lower-resolution jpeg file formatted for use as an e-book cover.
• Smaller images of the book cover suitable for promotional use.
• An ISBN bar code created and placed on the back cover if needed. Client must supply speaking in vector with the ISBN.
• Digital delivery of the included cover files.
speaking in vector’s fee for design of an e-book cover includes the following:
• A lower-resolution jpeg file formatted for use as an e-book cover.
• Smaller images of the book cover suitable for promotional use.
• Digital delivery of the included cover files.
The book cover design service does not include original artwork or illustrations, copywriting or text editing services, or anything else not specified in the included lists above.
speaking in vector does rely often on stock photography, so there is a chance that another author or designer will use the same image and thus speaking in vector can not be held liable in such a circumstance.
OWNERSHIP RIGHTS
Upon receipt of full payment, speaking in vector 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 except where prohibited by stock image licensing. Promotional items may not include mugs, t-shirts, and the like, and the image may not be the only information on the postcard, business card, bookmark, etc. Please contact us for an extended license if you desire to use your images on merchandise.
Clients are granted a royalty free exclusive license for logos and branding packages and may use these images for commercial purposes. speaking in vector must be contacted to make any alterations to the logo itself.
For add-on designs or other custom designs that are not logos or book covers: The client is issued an exclusive license to use the final files for the stated purpose only.
The Client understands that he/she has no right to 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 speaking in vector. The Client understands that additional payments may be required to make these alterations.
The Client agrees to abide by the terms of any license agreement for any images purchased by speaking in vector through a third-party image provider for use in Client’s book cover design. The cost of cover design includes the license to use these images and is limited to a print run of 500,000 units. For books with a print run over 500,000, additional licensing fees may apply. Additional licensing fees also apply for use of images on merchandise wether sold or given away. Images used for the Client’s cover are royalty-free; however, the photographer owns the copyright to those photographs and they cannot be distributed in any manner other than in the book cover design.
speaking in vector retains the right to use the Client’s final book cover design, name, and book title in speaking in vector’s portfolio and to market and promote our services. speaking in vector retains copyright and ownership of all design and draft materials.
If the Client supplies speaking in vector with materials subject to intellectual property rights by a third-party, the Client will secure the appropriate rights to use the materials before directing speaking in vector to incorporate them into his/her project. Should any intellectual property dispute arise involving materials the Client provides, the Client assumes full legal and financial responsibility.
speaking in vector will provide a copy of the finalized files and the Client should store them safely as we are not required to keep them. speaking in vector will not provide any native source files that we used in making the finalized files. Finalized files consist of ready-to-use artwork.
ATTRIBUTION
speaking in vector requires cover design credit appear in Client’s book (either on the back cover or on the copyright page) as such: “Cover design by speakinginvector.com.”
Client RESPONSIBILITIES
Client is fully responsible for proofing the book cover design provided by speaking in vector. It is strongly suggested that Client requests a proof from the printer before publishing or ordering any copies of the book. At no time will speaking in vector 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.
LIABILITY
speaking in vector 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. speaking in vector 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.
PAYMENT
The Client agrees to pay an initial deposit of 40% the total cost for custom covers or additions before work will begin on the project. The remaining balance is due upon approval of final book cover design. speaking in vector 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. speaking in vector 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.
All sales are final. speaking in vector does not provide refunds for any product or service we provide. This includes deposits and fees.
CANCELLATION POLICY
The Client or speaking in vector may cancel this agreement at any time by providing written notice to the other party. If either the Client or speaking in vector cancels a project before work has started, neither the Client nor speaking in vector is under further obligation to the other, and this contract will be considered cancelled.
If the Client should stop or cancel a book cover design job once it has started, the Client agrees to forfeit 50% of the project total sum. This is to cover resources and time taken during the project up to the point of cancellation. The Client will have no rights to any mockups sent to the Client and agrees to destroy and/or permanently delete them. The Client will also have no rights to use or adapt the design.
COMPLETE AGREEMENT
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. This agreement is not transferrable to any other party.
MODIFICATION OF AGREEMENT
Modification of any provisions of this agreement is not valid and enforceable unless confirmed in writing and signed by all parties either in hardcopy or by e‐signature.
SEVERABILITY
The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.
By purchasing custom artwork from speaking in vector, which includes custom covers as well as other projects, you agree to the above terms & affirm that you have read and understood them fully.
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