Service Contract Sample

This contract is between Amanda Valentine of CoverRave (“Designer”) and _____(Your Name)_____ (“Author, Client”) for the purpose of designing and creating a book cover (eBook, Audiobook, &/or Print) (“Work” or “Book”). The Client and Designer may be referred to herein individually as a “Party” or collectively as the “Parties”. This contract is entered into in good faith. Upon signature by the Parties indicates acceptance of this contract and the terms described herein.

Payments

Premade Designs:

 

Premade Design payments are due in full at the time of purchase of the premade version and before the final version is started.

 

All Premade Design sales are final at point of purchase.

 

Custom Designs:

 

The Client agrees to pay the Designer all sums due, which may vary over the original Artist estimate depending on complexity, change in Author’s request, and any other disbursements (i.e. specific image or font requests, rush service requests, etc). A $50 deposit fee per project cover is required to reserve a space. Fifty percent (50%) of the estimated cost will be payable upon signing this Contract, with the balance of payment due within ten (10) business days of the Author approving the final Cover design. Payment will be made via PayPal. Final Cover templates for display files will be released to the Client after receipt of final payment. No files will be released on accounts with outstanding balances. A $50 termination fee will be charged for cancelling a request of service by the Client. Termination fee will be waved one time per project for rescheduled services if completed with a new written contract thirty days prior to the original cancelled start date.

Payment(s) entitle the Client to one final design per project. Additional concept and or variables are subject to the Artist’s discretion. Purchasing of additional project concept designs is possible as long as the purchase is completed in full before the completion of the original project or the project is reserved for a future service schedule.  Additional projects will only be completed if the Client establishes a new contract and services for the additional project

Once final documents are sent, all sales are final on Custom Designs.

 

Scheduling

 

All services are scheduled prior to payment exchange. If the Client’s preferred time frame is unavailable, The Client must be open to scheduling during other available times. A rush service may be available upon request for an additional fee. Rush services must be agreed to by both parties in writing for them to be considered scheduled and valid. Rush services will incur an additional fee based on time length, project complexity, and other requirements needed to ensure availability.

The Designer strives to complete all projects within their time frames. In the rare case of an issue, the Designer will contact the Client as soon as it is clear the deadline will not be achieved and a new resolution will be completed in writing to create an alternative solution.  

Scheduling can be cancelled at any time by the Designer without reason. Cancelled Scheduling without a reason will be reimbursed for all money paid as long as services where not started or the account had no outstanding balances. Balances returned for accounts with outstanding balances or services started will be at the discretion of the Designer in reflection of work completed and/or balance amount outstanding.

 

Product Content

 

Premade Services:

 

Clients are purchasing an “as-is” product.  The wording of text can be changed once without additional cost. This change must occur within 12 months of purchase and be a change from the text version the Premade Design was originally purchased with. All other change requests are subject to a fee and are at the discretion of the Designer and/or CoverRave. Pricing will be based on the amount of effort and expense the change will require. Changes requiring a significant amount of work will be considered a Custom Service and subject to the regulation and process of Custom Service work.

 

Custom Services:

 

Please see service plans for options, process, and pricing. Clients are purchasing a design that will either be the Designers concept in full or an interpretation of the Clients concept based on the Designers understanding and available resources. They will not be purchasing their concept developed in detail by the Designer. Time frames and dates will be detailed in the contract both parties sign before starting the project. An estimate of pricing will be provided before a contract is signed. Estimates are subject to change as needed.

Additional fees that can occur outside the service pricing include. A $50 termination fee. A $35 concept fee for all rough drafts purchased, $20 fee for edits not covered by the service package, $25 for a non-text design version, $20 text swap, $30 per hour consultation fee for communication extensions beyond what is provided by service, the difference of another service price if you upgrade to a higher service plan, A $50 termination fee for down grading a service package after start of service, variable amounts available upon request for special requests and services needing more than offered services (i.e. commercial licensing on images, request for specific images, touch ups or revamps of completed and delivered projects, etc.)

To ensure satisfaction, clients can request up to one additional quick-rough concept design to be considered if none of the original versions are considered acceptable. The last design must be accepted or purchased as a concept piece at $35 if the artist chooses to continue with one of the original concepts shown or none at all. If none of these concepts are considered acceptable and the artist is unwilling to continue further with concepts the project will be considered cancelled. All Payments made for the project will be returned except the $50 Cancellation fee.

A Designer or Client reserves the right to refuse a request to share the design with outside parties at any point in the creation process. No reason why needs to exist. All Parties must respect the request. Clients and Designers cannot post or show concept art to outside parties until a version is chosen by the Client. Only the one concept accepted can be shared to outside parties and only if both parties agree to allow it to be shared. Failure to comply with privacy regulations can result in termination of project without refund if the Client is at fault or a new design at no extra cost if the Designer is at fault.

 

Ownership:

 

The Designer maintains the copyrights of all designs, sketches, and concepts worked and/or completed.

Client is purchasing exclusive licensing to display and use the final project (one design) for their book packaging (i.e. book covers) and other promotional or packaging materials paid services offer. Final product will be received in condensed form in PDF, jpeg, or other publish ready file format. Client will not receive the raw files or raw source imagery, particularly where licensing rules of sourced content forbid transfer.

The Client does not have the rights to any other designs or concepts seen or shared within the process, unless they purchase the rights to more. Availability of concept rights and other mock ups is subject to change at any point after the client chooses their preferred rough draft. The Designer has the right to use any rejected or unpurchased files as they choose, including offering to other clients or completing as a Premade Design.

The client can request proof of purchase or location of where sourced imagery was obtained at any time during the services. Proof of final purchases will also be included in the final package received by the client. Clients can request a flattened, non-text version of the final project added to their final package for an additional fee.

 

Responsibilities:

The Designer is responsible for obtaining all proper rights or licenses for all images used in creation of the Work, does not infringe any copyright, privacy rights, or legal rights of a third party, does not contain unlawful material, and it is the creator of work completed.

The Client is responsible for following all source file licensing requirements once final product is complete, received, and/or in the control of the Client. This includes all images and fonts. Image source files will be obtained from depositphotoes.com under their Standard Licensing or unique work done by the Designer that requires no licensing beyond Designer’s permission and/or includes proof of required releases for Client’s use obtained by the Designer.

Font licensing will be included in the final package and sourced from the service or person(s) font was obtained from. Font sources Considered public domain will be noted as such that may or may not include a licensing file. Another form of proof will be provided as proof to the legal use of the font (i.e. news articles form reputable sources, public statements of release by designer or design company, etc.)

Requests for any other licensing types or renewal of licensing are the responsibility of the Client to purchase, monitor, and all other legal requirements, which can be done from the source site directly and/or the Designer. Known contact for the designer and source sites will be provided in the final package.

The Designer nor CoverRave is not responsible for maintaining contact information of any source service or person(s) past the delivery of the final project. The Client may ask for any known corrections at any point of need, however Stunning Covers will only provide information at the company’s discretion or direct the Client to public resources that might help supply need information. Google will likely be your fastest solution.

The Client may not edit, reuse, or change the final product in any way without written consent from CoverRave, that includes an authentic signature from personnel authorizes to approve the alteration of past works. Signatures will be considered authentic only if they have been created by a hand using an appropriate writing instrument that has longevity and permanence (i.e. pen on paper, digital pen in email)

The Designer acknowledges they have no legal rights or claims to the written book or content used to develop its story line.  

 

File Preservation:

CoverRave guarantees to store the final raw files for up to 4 years from the date of project completion. Should a file in the possession of a Designer or CoverRave be lost or damaged the Designer will recreate the file at no cost to the Client.

 

Confidentiality:

 

Parties have the responsibility to treat all information shared within the service as confidential. No content can be shared outside the two parties without valid written consent from both parties. Written consent will be considered valid in one of the following forms: a typed or written documentation signed or e-signed by both parties that stipulates what information can be released when, a private messaging transcripts, from addresses, phone numbers, and/or accounts known to belong to one of Parties that dictates what information can be shared and when with affirmative agreement receive by both parties (i.e. emails, text messages, Facebook messenger, etc.), a recorded voice message from phone number known to belong to parties or can be reasonably identified as being shared between parties.

Designer Display Rights 

 

Designers reserve the right to display designs and concepts within their portfolios, social media, or other self-promotion and business development needs. To protect an Author’s branding all Custom purchases will be subject to a 6 month hold or until the Client’s book is publicly revealed, whichever comes first, before being displayed publicly by the Designer. Premade Designs will be subject for a 3 month release on the version involving the Client’s text information, or until the book is publicly revealed. The Premade Designs of the sale version (image that it hosted while for sale) will have no restrictions on when they are able to be shared by the Designer.

 

Privacy 

 

Information stored by CoverRave and/or designers are considered confidential to the company and parties involved. Information will no be sold or shared outside the company without Client consent. The Designer has limited authorization that included access to contact information to utilize for the sole intent of communication and/or delivery of paid work and fees. CoverRave uses stored information for the sole intent of communications, collection on services, general account management needs, and other resources the Client has authorized use on (i.e. newsletters, sales notifications, ratings and recommendations, etc.)

 

__________________________________________________________________________________________________

 

 

Services Purchased:

 

Start Date of Service:

Details of Service:

 

 

 

Client printed name: __________________________________________________________________________

 

 

Signature: ___________________________________________________________________________________

 

Date: _______________________________________________________________________________________

Address: ____________________________________________________________________________________

 

Email: _______________________________________________________________________________________

 

Artist printed name: ___________________________________________________________________________

Signature: ___________________________________________________________________________________

Date:________________________________________________________________________________________

Address: ____________________________________________________________________________________

 

Email: _______________________________________________________________________________________

Details of Service: 

Common Information About Licensing
Remember to check your Read Me file in your final packet

  • Clients are expected to and should read all of the source files provided with final documentation. Unclear points and information are the responsibility of the Client to be cleared up to the point of complete understanding with the service or business that defined the licensing terms. CoverRave will help with the process as much as they can.
     

  • Many source files will have a limit of how many items can be sold of the single licensing purchase. Most of depositphotos.com is on a 500,000 product count, however there are times it is different. The lowest number your sourced images show is the number or items you can sell before having to repurchase the licensing rights to each source item. Check the images’ licensing to know what is expected. Depositphotos.com licensing terms can be found here and apply to all images purchased with a standard license: https://depositphotos.com/license.html
     

  • Fonts licensing is similar to Photo licensing. It can contain quantity limits, but sometimes will offer unlimited options with private owned fonts. Public domain text is available for use by anyone for any usage. Check the fonts’ licensing included in your Read Me file to know how this applies to your final design.
     

  • Standard License do not cover usage for physical products (i.e. content that is sold or given away to earn you money or that change the insurable value of a basic product). Book covers are considered packaging with the book being your physical product, ads are marketing material. An Extended License would be required for content outside a cover design or non-standard marketing that a Client might want to use the design for. A Client must also purchase the rights to the final design for use in an area other than the services paid for. (i.e. you paid for a book cover but want to make t-shirts you will have to purchase the rights for t-shirt usage from the Designer in addition to the Book Cover(s) purchase, Pricing will vary based on number of extended licensing needed and work completed on the new product. Bookmarks have conditions that can make them marketing material rather than a product. Marketing Materials use standard licensing rules and will be priced as a Promo Item if it qualifies under a standard Licensing Agreement. Please review the FAQ for details if you are interested in learning more.
     

  • These bullets are not to be considered complete information about licensing or override any information provided by the sources site about their licensing rules. These bullets are simply for reference to help a Client understand what details are possible that will impact their use of the product in a significant way. Read Me files and the links within it will provide the actual requirements of usage. 

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