Fated Creative
Contract Agreement
Premades, Custom, and Related Services
By purchasing the premade, custom or related services the "Client" has retained Fated Creative, the "Designer", to proceed with the requested services, and agrees to the terms and conditions as set forth within this agreement.
Contract Services:
Services:
This agreement constitutes an order for cover design and related services. Fated Creative reserves the right to refuse any project or service request.
Payments:
Client agrees to make all payments through Paypal, a business management system.
Premade Book Covers:
Full payment for premade covers will be made during the purchase of the cover. Any revision, textual or otherwise, to the cover will be made only after the full payment has been made. All text will be customized for your book at no additional charge. Changes of non-textual nature have to be approved by Fated Creative before purchase of the premade cover. The revision charge will be based on the complexity of the edits.
Custom Book Covers:
A full payment is required before design work begins.
Upon approval of the final product, the client agrees to pay the remaining sum and any additional fees before receiving any final work.
A lack of fulfilling these terms can mean Fated Creative keeping any licenses for imagery, drafts, book editing or final products to be reused as wanted. All rights of contained work will be forfeit.
Default in Payment:
The Client shall assume responsibility for cost outlays by Fated Creative in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
Cancellation and Refund Policy:
The client or Fated Creative may cancel agreements at any time by providing a 14 day written notice to the other party. If either client or Fated Creative cancels a project before work has started, neither the client nor Fated Creative is under further obligation to the other, and agreements will be considered canceled.
The client understands that the payment is only refundable up to 14 days prior to the agreed upon project schedule and only if no work has been started. Any cancellations after this time are non-refundable. If the client should stop or cancel a project 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. The client will have no rights to any mockups sent to the client and agrees to destroy them. If at any time the client chooses not to use the files provided or designed for them for any reason, the client is to notify Fated Creative, in which, at that point a cancellation of contract and license permit will be sent to the client and all files in the client’s possession must be destroyed as well.
Premade cover designs or premade branding is non-refundable and non-transferable. If the client purchases a pre-made design from Fated Creative and then decides somewhere down the line that they no longer wish to use said design, the client agrees to forfeit the full amount spent on the premade design and destroy any files provided to them by Fated Creative.
Fated Creative reserves the right to reuse rejected and/or refunded proofs/concepts for other clients or pre-made covers.
Fated Creative holds the right to cancel any project without a refund or prior notice due to any behavior that is deemed to be abusive in nature, unprofessional, or detrimental to our business or reputation in any way.
Stock Images for Design:
Stock images are licensed for commercial use. Fated Creative, nor Client own the copyright of these images, and as such there are limitations to their use. Font and stock image copyrights and licenses cannot be transferred to the Client. The Client acknowledges Fated Creative may manipulate stock images from depositphotos, shutterstock, adobe stock, and boutique sites for the work. The original (not manipulated) stock images from sites are not exclusive. Fated Creative purchases a STANDARD LICENSE for any stock used in the work. A STANDARD LICENSE covers you for 500,000 ebooks, paperbacks, and audiobooks. This entitles Fated Creative to use the stock for the creation of book covers, bookmarks, and any free promotional material. A standard license does not include merchandise (ie., mugs, tote bags, t-shirts, etc.), either to be given away or purchased. If an extended license is required, the client must pay extra for the license (amount varies depending on the stock photo used, Fated Creative has no control over the price set by the photographer and/or company). Client acknowledges that Fated Creative is not responsible for the client’s use of the work. The client agrees to abide by the terms of any license agreement for any images purchased by Fated Creative through a third-party image provider for use in client’s book design.
Proofing:
Client must test and try proofing of printing. At no time will Fated Creative 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. Fated Creative 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. Fated Creative 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. All proofs and finals of the work will be provided by Fated Creative to the client in digital form.
Revisions:
Revisions are limited to two mock-ups. Once a mock-up has been approved, there will be three rounds of revisions allowed. Any additional revisions will be an extra charge. Once revisions are done, the final files will be delivered to the Client. Revisions include but are not limited to: color changes, background changes, typography changes, blurb changes, and image changes. Fated Creative reserves the right to charge for change requests made after the delivery of final files and/or after three rounds of revisions. Changes will be charged at an hourly rate of $25/hr. There is an additional charge of $25 to change blurbs or anything else on the cover AFTER FINAL DELIVERY of FILES.
Final Files:
Upon receipt of full payment to Fated Creative, the Client receives all reasonable and necessary exclusive rights to the work for the printing and sale of Client’s project including, but not limited to, promotion and sale of Client’s project by promotional print material, social media, and website or webpage with, the restriction to the license used for stock images.
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, the Client will consult Fated Creative. The Client understands that additional payments may be required to make these alterations.
Fated Creative retains all rights to their intellectual property. Build files are not included, only the final version. Fated Creative retains copyright and ownership of all design and draft materials.
Materials Provided from Clients:
If the Client supplies Fated Creative with materials subject to intellectual property rights by a third-party, the Client will secure the appropriate rights to use the materials before directing Fated Creative to incorporate them into the Client’s project. Fated Creative 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.
The Client acknowledges they have 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. The Client agrees to indemnify, hold harmless and defend Fated Creative and its employees from any and all libel and 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). If the Client requires specialty or exclusive stock images, the Client is responsible for any additional costs specialty/boutique stock incurs.
Confidentiality:
All client information and materials are considered confidential and only for use by Fated Creative 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.
Creation Acknowledgment:
Fated Creative shall receive a credit line on the copyright page. Credit line should read as: "Cover design by Fated Creative / www.FatedCreative.com (website optional).
Fated Creative use of Project Products:
Fated Creative reserves the right to use the final cover design and/or previous concepts in its portfolio when the book is published or 6 months after final files are delivered to the Client, whichever occurs first. Fated Creative retains the right to use client’s name and book title on the Fated Creative website and to market and promote our services.
Fated Creative reserves the right to take any discarded concepts from the completed project and reuse them in subsequent projects.
Indemnification/Release of Liability:
Client shall indemnify, defend and save Fated Creative harmless from any and all suits, costs, damages, or proceedings, including, but not limited to, Fated Creative's services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Fated Creative including, but not limited to, all attorneys' fees, costs and expenses incurred should Fated Creative be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Fated Creative and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys' fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. In the absence of negligence, Fated Creative will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, not for unauthorized use by others of such property. Fated Creative will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruptions, loss of information, story plagiarism, etc.
All disputes arising under this agreement shall be resolved through mediation. If mediation is unsuccessful, the dispute will be submitted to binding arbitration.