Terms & Conditions
This Agreement is entered into by and between DESIGN BY KAGE a sole trading business under the laws of Australia (“Designer”) and you (“Client”) with respect to designer services as client’s graphic design in accordance with the following:
PROJECT OUTLINES:
PREMADE COVERS
Premade Covers will come with:
- 1x high-resolution JPG eBook
- Title PNG
- 3D Render PNG
Additional promotional graphics and covers can be added for an additional fee.
2 revisions are provided, all modifications will be completed, and final files provided to you within 3 business days of scheduling.
Customization of text is included in the purchase price.
Premade covers are available on a first-come, first-served basis. Once they are sold, they are never sold again.
Premade covers are made with stock photos, so while Design by Kage will not use the same photo again, we cannot guarantee that the same photo will not appear on another cover.
Premade covers cannot be resold. By purchasing a premade cover, you agree to all the terms and conditions listed on this page.
CUSTOM COVERS
Custom Covers will come with:
- 1x high-resolution JPG eBook
- 1x Full Wrap PDF & JPG
- 1x ARC Cover JPG
- 1x Cover Reveal JPG
- 1x Social Media Banner JPG
- Title PNG
- 3D Render PNG
Additional promotional graphics and covers can be added for an additional fee.
4 revisions are provided, all modifications will be completed, and final files provided to you within the agreed-upon timeframe at the time of booking.
Custom covers are made with stock photos unless the author has a photo selected and purchased. Licensing will need to be shown if the author purchases the photo. Any stock photo selected will not be used again by Design by Kage for a cover. We cannot guarantee that the same photo will not appear on another cover, or that another author will not buy the photo on his/her own and bring it to Design by Kage for a design.
Custom covers will be designed based on the author's specifications, and a form will be provided to the author to collect any information needed.
Custom covers cannot be resold.
By purchasing a custom cover, you agree to all the terms and conditions listed on this page.
PROJECT TIMELINES:
Design by Kage will endeavor to operate within the hours of 10am - 5pm, Monday to Friday (AEST).
What can you expect from the design process:
Booking: Once contact has been made Design by Kage will work with you to confirm availability and agree upon a deadline for the project. Delivery of materials to Design by Kage: For work to commence Design by Kage require all materials be delivered via email one week prior to the agreed deadline (unless discussed prior). This could include the book cover submission form, client-provided images, and/or information for the promotional materials.
Project commenced: Once all materials have been received Design by Kage will start designing your cover. During the week Design by Kage will be in communication if any questions arise, or if there are any files to review.
Review of files: Either prior to, or upon reaching the agreed-upon deadline, Design by Kage will send files for you to review. At this time, you will have a chance to look over the cover designs and provide your feedback.
Revisions: If there are revisions required, they will be made within 24-48 hours of receiving feedback from you. This process will be repeated until the final design is approved.
Payment: Once the files have been approved, the final payment is due. Once payment has been received, Design by Kage will send the official final files.
PUBLISHING RIGHTS:
1. The client acknowledges that he/she has obtained all rights and permissions to publish all materials that will be used in the project and the client shall be solely responsible for the materials and validity of copyrights, trademarks, and ownership claimed by the client.
2. Client agrees to defend Design by Kage, indemnify, and hold harmless from any and all libel copyright and permission infringement action resulting from materials supplied by the client. The book material client provides must not be public domain work (unless the client is the original author).
PRIVACY/CONFIDENTIALITY:
3. All client information and materials are considered confidential and only for use by Design by Kage, 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.
4. Design by Kage retains the right to use the client’s name and book title on Design by Kage's website and to market and promote our services.
5. Under no circumstances will any information be shared with anyone who is not a part of the Design by Kage team.
OWNERSHIP:
6. Once Design by Kage receives the full payment, exclusive rights will be granted to the client to use the final cover design artwork (PDF, JPEG, or another publishing-ready format) for his/her book any way the client sees fit. The only files that are not provided are the original working files in their entirety, including but not limited to Photoshop, InDesign, and Illustrator.
7. The client understands that he/she has no right to alter the final cover design in any way except to change size for printing or digital display. If the client desires any alterations, he/she will consult Design by Kage and the client understands that additional fees may be required to make these changes.
8. The client agrees to abide by the terms of any license agreement for any images purchased by Design by Kage through a third-party image provider for use in the client’s book cover design.
8a. The cost of cover design includes the license to use these images and is limited to a print run of 250,000 units.
8b. For books with a print run over 250,000, additional licensing fees may apply. 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 the book cover design.
9. If the client supplies Design by Kage 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.
9a. Design by Kage 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.
10. Design by Kage retains the right to use the client’s final book cover design, name, and book title in Design by Kage’s portfolio and to market and promote their services. Design by Kage retains copyright and ownership of all drafts not used, including initial concepts not chosen.
11. Design by Kage is allowed to use the rejected initial concepts as they see fit. The client does not have the right to use any initial concepts for promotion or any other use unless purchased separately.
ATTRIBUTION:
12. Design by Kage requires cover design credit to appear in the Client’s book, whether on the cover or inside on the copyright page, as follows:
Cover Design by Katelyn Groombridge at Designs by Kage
PAYMENT:
13. Invoices for deposits and balances will be sent via PayPal. PayPal accepts the following methods of payment: eCheck via PayPal Credit / Debit Card PayPal balance
14. Payment must be made via the invoice sent to your email.
15. The Client is aware that no final files will be sent until they have sent receipt of final payment. This can include payment for additional files or stock images.
15a. The final payment is also the final approval of the project, and this contract will be considered fulfilled.
15b. Design by Kage 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.
16. The Designer remains the owner of the final files until the final payment.
17. Payment does not authorise the Client access to PSD files or unused concepts.
18. Prices are subject to change at Design by Kage’s discretion. Design by Kage does not need to notify clients of these changes to the business.
19. Design by Kage does not give refunds on any payment made on any service purchased
LIABILITY:
20. The Client acknowledges that their approval of a design is final, and therefore takes ownership of the work created between themselves and the Designer.
21. Design by Kage 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.
22. Design by Kage 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.
23. After receipt of final files, the Client is liable to any additional charges for errors found or changes required.
CANCELLATION POLICY:
24. The client or Design by Kage may cancel agreements at any time by providing written notice to the other party. If either client or Design by Kage cancels a project before work has started, neither the client nor Design by Kage is under further obligation to the other, and agreements will be considered canceled.
25. If the client should stop or cancel a book cover design project once it has started, the clients agree to forfeit 50% of the project's total sum. This is to cover the time taken during the project, and any resources used up to the point of the cancellation. The client will have no rights to any mock-ups sent to the client and agrees to destroy them.
CLIENT RESPONSIBILITIES:
26. Client is fully responsible for proofing the book cover design provided by Design by Kage. It is strongly suggested that the client requests a proof from the printer before publishing or ordering any copies of the book. If after a proof is viewed and the client determines there are additional changes needed, please contact Design by Kage.
27. At no time will Design by Kage be held financially or legally responsible for any problems, costs, fees, or expenses incurred by the client as a result of using the book cover design.
28. The client agrees to be respectful in all communication and agrees to provide helpful, constructive feedback when needed. Accusations, disrespect, and any aggressive behavior will not be tolerated and could lead to the suspension of the project. The client agrees to communicate and answer questions to the best of their abilities. If there are any questions or concerns, please contact Design by Kage.
29. All pricing is final. If a project has been completed and payment has been finalized, if the pricing has increased or decreased after completion, the client will not be charged extra or refunded the difference.
SUSPENSION:
30. Design by Kage reserves the right to suspend any project if a client interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique book cover ideas/concepts, and/or shows reluctance in paying the final payment.
31. Fair notice will be given with a fair chance to remedy the situation without resorting to project suspension or termination.
32. Any suspension, or termination, will not result in any refunds, and all designs and work thus developed remain under the full ownership of Design by Kage
AGREEMENT:
33. 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. Upon delivery of the final files, this agreement is considered fulfilled