TERMS & CONDITIONS
Book Cover Designs
PAYMENT
The client agrees to pay the deposit amount as requested in order to start the design process and the remainder upon completion. Final files will be provided once full payment has cleared. In the event the client does not pay the final balance within 8 weeks of delivery of the final product or fails to provide content or communication to progress the project within 12 weeks, the contract and any deposits paid shall be forfeit and any rights shall revert to Gerard Fay unless agreed upon in writing.
CANCELLATION
Once design work has commenced, cancellation by the client shall result in forfeiture of any deposits paid and at Gerard Fay’s discretion may be liable for the full agreed amount. Deposits are non-refundable except by Gerard Fay’s discretion. Where a deposit is refunded, the amount shall be minus transaction fees. Under cancellation, the client shall have no right to proofs, mock-ups or other materials supplied and agrees to destroy such.
CONTENT
Gerard Fay reserves the right to refuse content or revisions which may be deemed offensive or beyond genre expectations or our house style.
REVISION PROCESS
Once the initial design is agreed upon the client may request unlimited revisions of text style and placement. Where Gerard Fay offers unlimited revisions, this is on a reasonable basis for progressing a design. Once the client has approved an aspect of the design, changing it or reversing direction shall incur additional charges at our hourly rate.
OWNERSHIP
Gerard Fay agrees to pass on full licensing legal advantages of the product to the client upon full payment. Unless otherwise stated, copyright shall remain with the artist and 3rd party images shall be valid for up to 500,000 copies (digital or print).
INDEMNITY
The client agrees to only provide materials such as imagery for which they have the necessary rights, and in case they do not, to indemnify Gerard Fay against copyright or trademark infringements and any costs resulting from such. The client agrees to use materials provided by Gerard Fay legally at all times, and not to infringe upon the intellectual property or local restrictions in their usage, and in case they do, to indemnify Gerard Fay against all claims and costs resulting from such.
FAIR USAGE
The client agrees that Gerard Fay may use their design as part of a portfolio or for other reasonable promotional concerns. The client agrees to place an acknowledgement reading: ‘Cover Design by Gerard Fay’ in their front matter.
PROOFS AND FINAL PRODUCT
The client agrees to check final designs or files provided for errors and agrees that Gerard Fay shall not be held liable for any financial or legal loss incurred by the client as a result of using the service.
PRINT PRODUCTS
Unless otherwise stated, print versions of cover designs are provided for one format/ retailer only for the standard paperback format. Additional formats for other retailers, hardback, or dust jackets can be purchased separately.
COMPLETE AGREEMENT AND SEVERABILITY
This contract is the complete agreement of all parties. No additional conditions apply to this agreement that are not included herein. If any part of this agreement is found invalid the remainder shall still be valid and enforceable.
