Terms and Conditions
PUBLISHING RIGHTS AND BRAND NAMING
1. The client acknowledges he/she/they have 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 Under Cover Designs and its employees from any and all libel and 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).
CONFIDENTIALITY
2. All client information and materials are considered confidential and only for use by Under Cover Designs. 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.
3. Under Cover Designs retains the right to use client’s name and book title on Under Cover Designs website and to market and promote our services.
OWNERSHIP RIGHTS
4. Upon receipt of full payment, Under Cover Designs grants the client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her/their book and/or e-book cover and associated promotional materials.
5. The client understands that he/she/they have 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/they will consult Under Cover Designs. 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, Under Cover Designs through a third-party image provider for use in client’s book cover design.
7. Under Cover Designs retains the right to use client’s final book cover design, name, and book title in Under Cover Designs portfolio and to market and promote our services. Under Cover Designs retains copyright and ownership of all design and draft materials.
8. If the client supplies Under Cover Designs 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/their project. Under Cover Designs 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.
ATTRIBUTION
9. Under Cover Designs requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such: “Cover design © Lee Ching of Under Cover Designs”
CLIENT RESPONSIBILITIES
10. Client is fully responsible for proofing the book cover design provided by Under Cover Designs. 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 Under Cover Designs 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.
As a designer at Under Cover Designs, I often find myself in situations where I am not in charge or not made aware from where our clients buy their images from. While some clients collaborate closely with photographers and have access to a vast library of high-quality visuals, others rely on stock images or even personal snapshots. Once its clear the client is in charge of providing the images regardless of the source, at no time will Under Cover Designs be held financially or legally or morally responsible for any problems, my role as a designer remains the same: to transform these images into captivating graphic designs that meet the client's objectives. It is my responsibility to select the most suitable images, enhance their quality if necessary, and integrate them seamlessly into the overall design concept. Despite the challenges that come with various image sources, I embrace the opportunity to showcase my adaptability and creativity in merging disparate visual elements into visually stunning creations that surpass client expectations.
LIABILITY
11. Under Cover Designs 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. Under Cover Designs 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
12. Client agrees to pay a non-refundable initial deposit of half the total cost before work will begin on the project. The remaining balance is due upon approval of final book cover design.
Under Cover Designs 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. Under Cover Designs 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.
CANCELLATION AND REFUND POLICY
13. The client or Under Cover Designs may cancel agreements at any time by providing a 7 day written notice to the other party regarding customized work. If either client or Under Cover Designs cancels a project before work has started, neither the client nor Under Cover Designs is under further obligation to the other, and agreements will be considered canceled. The client understands that the deposit is only refundable up to 7 days prior to the agreed upon project schedule. Any cancellations after this time are non-refundable.
Pre-made work is 100% non-refundable and non-exchangeable.
14. 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, and/if the client stops all communications the client forfeits 100% of the project total sum, and the entirety of the deposit payment remains with the designer. 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.
PROJECT SUSPENSION
15. We sincerely request that you trust us to do the job you are paying Under Cover Designs 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 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 Under Cover Designs.
COMPLETE AGREEMENT
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.