Design Contract

These terms and conditions, when agreed to and accepted by you (the client) after you enter your full legal name and click “Sign Contract” will create a binding and legally enforceable contract between you (the client) and May Dawney Designs. Please read these terms and conditions carefully before clicking “sign contract” and submitting your form.

PUBLISHING RIGHTS

1. In the case of client provided images to be used in the project, the client acknowledges he/she has obtained all rights and permissions to publish materials to be used in the project and shall be solely responsible for the materials and the validity of copyrights, trademarks and ownership claimed by the client. Client agrees to indemnify, hold harmless and defend May Dawney Designs from any and all copyright and permission infringement action resulting from materials client provides. The book material client provides must not be a public domain work (unless client is the original author).

CONFIDENTIALITY

2. All client information and materials are considered confidential and only for use by May Dawney Designs 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.

OWNERSHIP RIGHTS

3. Upon receipt of full payment, May Dawney Designs grants the client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her e-book cover and associated promotional materials.

4. 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 May Dawney Designs. The client understands that additional payments may be required to make these alterations.

5. The client agrees to abide by the terms of any license agreement for any images purchased by May Dawney Designs 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. 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 in any manner other than in the book cover design. This includes the use for commercial promotional material. For a list of what can and cannot be created with the design, see here. It is possible to  extend the license for every image used in the design even after the cover has been created and delivered to the client. The client will then pay the fee of $80 (as per summer 2018) per image. No other compensation will be requested by May Dawney Designs for the service.

6. May Dawney Designs retains the right to use client’s final book cover design, name, and book title in May Dawney’s portfolio and to market and promote their services. May Dawney Designs retains copyright and ownership of all design and draft materials.

7. If the client supplies May Dawney Designs 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.

ATTRIBUTION

8. May Dawney Designs has made crediting them in the book optional. This credit may appear in client’s book as such: “Cover design by May Dawney Design.”

CLIENT RESPONSIBILITIES

9. Client is fully responsible for proofing the book cover design provided by May Dawney Designs. It is strongly suggested that client requests a proof from the printer before ordering any materials using the book cover design. At no time will May Dawney Designs be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the book cover design.

LIABILITY

10. May Dawney Designs 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 their services. May Dawney Designs 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.

PAYMENT

11. Client agrees to pay upfront before work will begin on the project. May Dawney Designs will not release finished files to the client or other parties until payment has been received. May Dawney Designs 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.

CANCELLATION POLICY

12. The client or May Dawney Designs may cancel this agreement at any time by providing written notice to the other party. If either client or May Dawney Designs cancels a project, neither the client nor May Dawney Designs is under further obligation to the other, and this contract will be considered cancelled. All payments shall be refunded by May Dawney Designs within seven (7) business days.

COMPLETE AGREEMENT

13. 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.

MODIFICATION OF AGREEMENT

14. Modification of any provisions of this agreement is not valid and enforceable unless confirmed in writing and signed by all parties either in hardcopy or by e‐signature.

SEVERABILITY

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

PROJECT START

18. Once you have read and agree to the terms and conditions and have no further questions, please click fill in the questionnaire below and your project will commence as scheduled.