PopKitty Design Terms and Conditions

 

These terms and conditions, when agreed to and accepted by you (the client) after you enter your full legal name and click “I agree…” will create a binding and legally enforceable contract between you (the client) and PopKitty Design. Please read these terms and conditions carefully before clicking “I agree…” and submitting your form.

The Client agrees to pay the Artist all sums due, which may vary over the original Artist estimate depending on complexity, and any other disbursements (i.e. image bank art graphics). The non-refundable fifty percent (50%) down payment will be payable upon booking, with the balance of payment due within seven (7) business days of the Author approving the final Cover design. Payment will be made via PayPal, sent to Client as invoice once booking is made. Final Cover templates will be released to the Client after receipt of final payment.

The Artist:
I. Third-Party Image Licenses:
In the event that PopKitty Design purchases a special, third party image license for production of Client’s book cover, Client agrees to abide by the terms and conditions of any license agreement for that image. It should be assumed that all Third-Party Image Licenses purchased by PopKitty Design have a maximum download cap of 500,000. If Client wishes to extend this maximum download, the CLIENT MUST PURCHASE THE STOCK IMAGERY THEMSELVES AND SUPPLY IT TO POPKITTY DESIGN FOR USE IN COVER ART. This cost is ABOVE AND BEYOND the cost of the cover art itself.

IT IS THE CLIENT’S RESPONSIBILITY TO MAINTAIN PROPER IMAGE LICENSING FOR ANY IMAGE USED IN THE COVER ART. IF THE COVER IS DOWNLOADED GREATER THAN STIPULATED AMOUNT AND THE COVER BREACHES THE STOCK PHOTO CONTRACT, IT IS AT THE CLIENT’S LIABILITY. POPKITTY DESIGN IS NOT RESPONSIBLE FOR ANY PENALTIES BY STOCK PHOTO COMPANIES DUE TO LICENSING INFRINGEMENT.

II. Materials provided by Client:
In the even that Client provides materials, 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 PopKitty Design from any and all copyright and permission infringement action resulting from materials client provides. The book material Client provides must not be a public domain work (unless Client is the original author).

III. Book Cover Design Service: Shall transfer his copyright of the Work to the Client upon final payment receipt.
The Book Cover Design Service includes digital delivery of the following:
For an ebook purchase, 300 dpi, .jpg files in the following sizes:
1600 x 2400 – for ebook sale sites/digital manuscript use only
1500 x 2250 – for website/internet display
Title .png for use on swag, or graphics
3D ebook mockup
Purchases of stock images for use in the book cover design. (If client has specific image requests, additional charges may apply.)

For an ebook and print purchase:
All files mentioned above for ebook purchase above Plus a digital delivery of…
Full print sleeve cover flat design (front cover, spine and back cover set to Client’s printer specifications):
300 dpi .pdf file in a standard print size format, usually a 5″ x 8″ or 6″ x 9″ print book, but can vary slightly. Client must provide print size and printer specifications to PopKitty Design.

The Custom Book Cover Design service does not include creating covers for hardcover books or books that need additional artwork for an inside flap, original, hand-drawn artwork or artist’s illustrations, drawing, editing of your text, title creation, blurb writing, or any other services required to produce or publish a book not listed above.

Premade Purchases:
Premade sales are final. There are no refunds or exchanges. Payment is due up front, as premades are first come, first serve.

WORK FLOW
Initial Proofs:
The Artist will send 1-3 starting concepts, unless otherwise discussed.

Changes to Concepts:
There is an allowance of 10 changes TOTAL that may be made to the cover after the 3 initial concepts. Each additional change will be $15. This may include, but may not be limited to, font changes, color changes, image mood changes, mix and match of proofs, etc.

Changes to images:
If the main cover image changes after work has begun, there will be an additional $25 charge, per image change regardless of who provides the image.

Time frame:
Please try to book your cover as soon as possible and well ahead of any scheduled deadlines. Each additional change will take extra time on PopKitty Design’s part to complete and delay the completion of the final artwork. PopKitty Design is not responsible for missed deadlines on the Client’s end due to additional changes.

III. Ownership Rights
a.Upon receipt of full payment, PopKitty Design grants the client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her book cover and associated promotional materials.
b. 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 PopKitty Design. The client understands that additional payments may be required to make these alterations.
c. PopKitty Design retains the right to use client’s final book cover design, name, and book title in PopKitty’s portfolio and to market and promote services. PopKitty Design retains copyright and ownership of all design and draft materials.
d. Acknowledges he does not own or have right or title to the Book containing the Work, nor to receive any royalties on Book(s) sold, or derivative works containing the Work.
e. Agrees to treat all information about the Book’s content as Confidential and not cause or permit such Confidential Information to be disclosed to any third party, until the book is published online by the Author.
IV. Attribution:
PopKitty Design requires cover design credit appear in client’s book as such: “Cover design by Sybil Wilson of PopKitty Design.”
V. Client Responsibilities:
Client is fully responsible for proofing the book cover design provided by PopKitty Design. It is strongly suggested that client requests a proof from the printer before ordering any print promotional materials using the book cover design. At no time will PopKitty Design 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.
VI. Liability:
PopKitty Design 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. PopKitty Design is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on our site, social media pages or in our clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.
VII. Cancellation Policy:
The client or PopKitty Design may cancel this agreement at any time by providing written notice to the other party. If either client or PopKitty Design cancels a project before work has started, neither the client nor PopKitty Design 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 them.
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.
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.