Cover, Book Layout Design, Journal and Planner Design, Geometric Art Services Terms and Conditions

Client herein refers to author/publisher/customer

JB herein refers to Jevgenija Bitter (BitterEv Art and Design)

 

Terms

1. The materials contained in this Website are protected by copyright and trade mark law.

 

Publishing Rights

1. The client confirms that they have the legal rights and permissions to reproduce and publish all materials that will be included in the work. This includes any text, logos, images, and other elements they supply or purchase for use in the project. The client is solely responsible for the materials and validity of copyright and ownership claimed by the client. The client agrees to indemnify and hold harmless Jevgenija Bitter (JB) from all libel, copyright, and permissions infringement action resulting from the client's materials. The book must not be a public domain work unless the client is the original author.

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Confidentiality

1. All client information and materials are considered confidential and only for use by JB 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. 

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Ownership Rights

1. Upon receipt of full payment, Jevgenija Bitter grants the client an exclusive license to use the final design artwork (PDF, JPEG or other Source Files) for his/her book and/or journal and/or planner and/or art and/or cover and associated promotional materials.

2. The client agrees to abide by the terms of any license agreement for any images purchased by JB through a third-party image provider for use in the client’s book design. The cost of cover design includes the license to use these images and is limited to a print run of 500,000 units. Additional licensing fees may apply for books with a print run over 500,000. 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 book design.

3. JB retains the right to use the client’s final book cover design, author name, book title, and selected interior spreads (designed by JB) in her portfolio, on her website and in promotional pieces to market and promote her services.

4. JB retains copyright and ownership of all design elements and unused draft designs.

5. If the client supplies JB 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 project. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.

6. The working files for your cover/book are archived. You may request the working source files for an additional fee. (Time limit—some files may not be retained over 4 years.)

 

Covers Design Services

The cover design service fee includes the following:

1. Covers must be paid in full at the time of order.

2. Each cover is UNIQUE to your book—once sold they are retired and won’t be resold.

3. Customization takes up to two weeks excluding weekends and holidays.

4. Once paid in full the client owns the rights to the cover art as shown for purposes of publishing their book, and for promotional materials for the book. You may not sell individual pieces of art shown on the cover as these are licensed by the photographer/illustrator or Jevgenija Bitter.

5. You receive five (5) rounds of revisions to your supplied title/author info if needed. No other rounds of revisions or changes to text or art are included in the cover design price but can be arranged for an additional fee.

6. The client is responsible for submitting accurate information and is responsible for proofreading.

7. Designer errors will be corrected at no charge.

8. Attribution: Cover design by Jevgenija Bitter on the copyright page is appreciated, but not required.

9. Returns/cancellation—you may return the cover for a full refund within 14 days of purchase if you are not happy with the design. Note that the cover will be placed in inventory for sale if returned. You may not have used the cover on a bookseller site, in any promotions, focus group, or testing, and if circulated in a test no refund is offered.

10. Digital delivery of all finished cover image files

11. Cover design service may include stock imagery manipulation, custom title design, or other decoration, but does not include original artwork, illustration, copywriting, editing or other services not described above.

12. The full cover layout of paperback format (front/spine/back covers) to the client’s printer’s specifications. The client must supply the finished layout page count, the printer’s template or specs, or a link to the printer’s website for obtaining the template/specs or contact information for the printer.

13. High-resolution press-ready PDFs to the printer’s specs are supplied for a client to send to the printer.

14. ISBN barcode applied to the back cover from your supplied ISBN #. (Note: some online printers prefer to use their barcode).

15. Jacket for (hardcover books only)—created to printer’s specifications (see above) and includes the layout of flaps, and spine type design for hard case wrap. (Custom case wrap designs will incur an additional design fee.)

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Layout Design Services

Print book design service fee includes the following:

1. Text layout interior page design and production—pages designed and typeset to match chosen template, or, for fully custom speciality books.

2. A chapter sample layout is provided to show how different content items are handled.

3. Text page design includes title page design to match cover title design.

4. Front matter composition that matches Chicago Manual of Style recommendations (this varies by book type and publisher’s request).

5. Table of Contents—if desired, custom designed for your content type.

6. Chapter opener page design.

7. Running headers.

8. Heads, subheads, text, bulleted lists etc.

9. A press-ready PDF of the printer’s specs is supplied for upload to the printer.

10. Additional changes after the stated rounds of revisions will incur additional charges. Changes after the PDF are submitted to the printer incur charges from JB AND the printer.

11. Designer-introduced errors will be corrected at no charge before files are submitted to the printer or online ebook seller. 

 

Client Responsabilitys

1. Proofing—The client is solely responsible for proofing all designs/layouts/text provided by JB and assuring that all design elements, text, photos, etc. are present, accurate, and correct, including spelling, grammar, ISBN, price, necessary markings, logos, branding compliance, etc.

2. The client acknowledges that they will receive digital proofs (PDFs) to approve. It is strongly suggested that clients obtain printed proofs from the printer for approval before approving the book for sale or order bulk copies. If client declines printed proofs they affirm that they will personally approve the printer’s digital proofs. If Jevgenija Bitter is asked to approve proofs without author review, the client accepts responsibility for any errors.

3. Clients are advised to allow a reasonable time frame between commissioning a cover design and their proposed publication date to allow for the appropriate work to be produced. 

4. JB takes no responsibility for any costs incurred by the client as a result of delays to publishing dates, and all dates quoted are approximate and may vary due to the nature of the creative process. 

5. JB will take no financial or legal responsibility for this. The client must provide an actual size template from their printer or publisher, which the final design can be fitted to, for JB to produce the print-ready file. The cost quoted for her services does not include the production of final printing templates. 

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Liability

1. Jevgenija Bitter 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. JB 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.

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Payment

1. The client agrees to pay the estimated total for custom design work before the work begins. Any agreed extra charges are due upon approval of the final cover or book layout proof files. JB will not release files until the final payment is received.

2. The final payment is considered to be final approval and considered to be the contract fulfilled, and thus terminated. Any other additional services requested will then enter into a new contract and require additional fees. 

3. JB retains the right to discontinue, withhold, or suspend services for any account should payment not be made in the order specified in the agreement, or should payment not be cleared by the bank.

 

Cancellation

1. JB may cancel a project before the start date by providing written notice to the other and will be under no further obligation to the other party. 

2. If the client should stop or cancel a book cover or book layout design job once it has started, the client agrees to forfeit 50% of the project's total sum. This is to cover resources and time taken during the project up to the point of cancellation. 

3. The client will have no rights to any mockups sent to the client and agrees to destroy them. If the client should stop or cancel an editing job once it has started, the client will pay for the work completed through the date of cancellation. 

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Complete Agreement

1. This agreement is the entire agreement of all parties. No additional promises or conditions, written or oral, apply to this agreement that is not included herein.

 

Modification of Agreement

1. Modification of any provision of this agreement is not valid or enforceable unless confirmed in writing and signed by all parties in hardcopy or e-signature. 

 

Severability

1. The finding of any provision in this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.