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Terms of service

These terms and conditions are agreed and accepted by you (hereafter referred to as "Client") when using Asterielly Designs services (hereafter referred to as “Designer”). Please read these terms and conditions carefully.

Any doubt can always be sent to asteriellydesigns@gmail.com

PAYMENT

Payments should be done via PayPal.

Client agrees to pay 50% of total cost upfront before the design process starts. The Designer will not release finished files to the Client until payment has been received.

If booking in advance, a 50 USD deposit per cover may be placed to hold your spot. This Booking Fee is non-refundable and will be deducted from the total sum of the artwork.

 

REVISIONS

The Custom Cover Package includes three review rounds during which the Client can request changes without additional fees. All subsequent rounds come with a 25 USD fee.

When buying a Premade Cover, the changes to be made are specified on each design. All subsequent necessary revisions come with a 25 USD fee.

 

CONFIDENTIALITY

All client information and materials are considered confidential and only for use by the Designer to provide a quote or complete a project. Client information and project materials will not be shared with any third party, unless requested by the Client.

The same way, if the Client gets access to any of the designer information, it shall be considered confidential and will not be shared with anyone else outside Asterielly Designs.

OWNERSHIP

​Upon receipt of full payment, the Designer grants the client exclusive license to use the final cover design artwork (PDF, JPEG or any desired publishing-ready format) for their design and any associated promotional materials if included (No editable or layered file is included in any service. If you need it, please send an email to asteriellydesigns@gmail.com).

The client agrees to not alter the final cover design in any way, changing size for printing or digital display is allowed. If the Client desires any other changes, they must consult the Designer, understanding that additional payments may be required to make these alterations.

Client should not use the cover design or parts of it to create new book covers or any work unrelated to the book it was designed for.

The Client agrees to abide by the terms of any license agreement for any images purchased by the Designer through a third-party image provider for use in client’s book cover design. The cost of cover design includes the standard license to use these images and is limited to a print run of 500,000 units unless stated otherwise (check DepositPhotos License). For books with a print run over 500,000, additional licensing fees may apply. Images used for client's cover are royalty-free; however, the photographer owns the copyright to those photographs, and they cannot be distributed for sale in any manner other than in the book cover design.

If an extended license is needed for the images used in the design (even after the cover has been created and delivered to the client) the Client will then pay the corresponding fee per image. No other compensation will be requested for the service by the designer’s part.

Other stock photo costs should be covered by The Client.

The Designer retains the right to use the client's final book cover design, author name, and book title, as well as any draft in their portfolio to promote their services. The Designer retains copyright and ownership of all design and draft materials and has the right to use any drafts to their discretion on other works.

The Designer is not liable for any misuse of the final product made by Client.

 

ATTRIBUTION

 Crediting Asterielly Designs in the book is mandatory. Designer suggests something along the lines of: “Cover by Asterielly Designs.”

 

CLIENT RESPONSIBILITIES

Client is responsible for proofing the book cover design provided by the Designer. For physical printing, it is suggested that the client requests a proof from the printer before ordering any materials using the design. The Designer will not be held financially/legally responsible for any problems or costs incurred by this issue.

In the case of client provided images to be used in the project, the Client acknowledges he/she has obtained all rights and permissions for them to be used in the project, making him/she the only responsible for the materials and the validity of copyrights, trademarks and ownership claims. Client agrees to indemnify, hold harmless and defend the Designer from any and all copyright and permission infringement action resulting from any client provided materials. The material provided from the client must not be a public domain work (unless the client is the original author).

 

LIABILITY

The Designer will not be liable for any incidental or damages of any kind, like loss of revenues or profits, loss of business or reputation, or loss of data, in any way related to their services. Also, the Designer is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on the site or in clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.

The Designer guarantees to use assets that, to their best knowledge, are legally sourced, and/or from companies that provide legal and financial support in the case of misuse. The Designer agrees to edit free of cost or refund any cover or other provided artwork in which any questionable stock has been used.

The Designer's responsibility is to deliver an original design to the Client, designed according to the client’s wishes and, to the best of their knowledge, will not plagiarize any other designer’s work. However, Asterielly Designs assumes no legal responsibility for any loss or damage incurred related to legal issues about the authenticity or originality of the work. 

 

CANCELLATION POLICY

For custom covers, the Client or the Designer may cancel this agreement at any time by providing written notice to the other party. If either of them cancels a project before the design process starts, neither the Client nor Designer is under further obligation to the other, which leads to this contract being considered canceled. In this case, all payments made (except deposit fees) shall be refunded by the Designer within fourteen (14) business days.

For custom covers, if either the Client or Designer cancels a project during the design process, neither the client nor Designer is under further obligation to the other, and this contract will be considered canceled. The Designer reserves the right to refund or not the payment according to the work that has been made at the date of cancellation if it was requested by the Client, otherwise if the cancellation was by the Designer all payments shall be refunded within fourteen (14) business days.

 

RESALE

Client can resale a book cover (premade designs only), as long as the price does not exceed the original one paid to the Designer. Client also has the responsibility to communicate to the new owner of the design that any change needed to be made must be addressed first with the Designer and that may incur in extra fees. For text-only changes a 25 USD fee will be applicable if changes were already made for the first time buyer.

 

PUBLIC REVEAL OF COVERS AND DISCARDED CONCEPTS

Designer reserves the right to display the Client's finished cover at their discretion, always giving the Client the appropriate time for the public reveal of said cover.

Designer also reserves the right to display any draft of the cover and take any discarded concepts that are different from the final product and reuse them at a later time for other clients.

 

SEVERABILITY

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

​In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, both Client and Designer shall use their best efforts to settle the dispute, claim, question, or disagreement. They must consult and negotiate with each other in good faith and agree on a fair and equitable solution for both parts.

UPDATED JUNE 2023

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