Before we get to all of the necessary legalese (please don’t let it scare you!), I want you to know that my goal is to make this process as easy and painless for you as possible. I aim to treat you the way I would like to be treated–and I will try to go above and beyond for you. Your success is my success. Also, I promise to keep my ego and personal wants out of your design. While I may try to guide you in a direction I feel is best design-wise, I ultimately respect that it is yours. I want you to be happy with your design.
Now, about all those t’s that need crossing and i’s that need dotting… If you’d like a point explained or have any questions, don’t hesitate to ask!
- The client acknowledges 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, licenses, trademarks and ownership claimed by the client. Client agrees to indemnify, hold harmless and defend RBA 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).
- All client information and materials are considered confidential and only for use by RBA 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.
- RBA Designs retains the right to use client’s name and book title on RBA Designs website and to market and promote our services.
- Upon receipt of full payment, RBA Designs grants the client exclusive license to use the final design artwork (PDF, JPEG or other publishing-ready format) for its intended purpose and associated promotional materials.
- The client understands that they have no right to alter the final design in any way except to change size for printing or digital display. If the client desires any alterations, they will consult RBA Designs. 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 RBA Designs through a third-party image provider for use in client’s book cover design.
- RBA Designs retains the right to use client’s final design, name, and book title in RBA Designs portfolio and to market and promote our services. RBA Designs retains copyright and ownership of all design and draft materials.
- If the client supplies RBA Designs with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights and licenses to use the materials before directing the designer to incorporate them into their project. RBA 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.
- RBA Designs requires cover design credit appear in client’s book on the copyright page as such: “Cover Design by RBA Designs | Letitia Hasser”.
- Client is fully responsible for proofing the design provided by RBA Designs. It is strongly suggested that client requests a proof from the printer before publishing or ordering. At no time will RBA Designs be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the design.
- The services and the work product of RBA Designs are sold “as is.” In all circumstances, the maximum liability of RBA Designs, its directors, officers, employees, design agents and affiliates, to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of RBA Designs. In no event shall RBA Designs be liable for any lost data or content, lost revenues or profits, loss of business or reputation, or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by RBA Designs.
- Client agrees to pay a non-refundable initial deposit of $25 before work will begin on the project. The remaining balance is due upon approval of final design. RBA 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. RBA 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
- The client or RBA Designs may cancel agreements at any time by providing a 7 day written notice to the other party. If either client or RBA Designs cancels a project before work has started, neither the client nor RBA Designs is under further obligation to the other, and agreements will be considered cancelled. The client understands that the deposit is only refundable up to scheduled beginning date. Any cancellations after this time are non-refundable.
- If the client should stop or cancel a design job once it has started, the client agrees to forfeit $25 deposit plus an additional $25 fee. 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.
- We reserve the right to suspend any project if a client: is unable to move forward after being shown more than a reasonable number of unique ideas and 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 RBA Designs.
- 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.