1. GENERAL
The following terms and conditions apply to all contracts concluded between Trinah Kei - Beauxif Graphics (hereafter referred to as “Designer”) and you (hereafter referred to as “Client”).
2. COPYRIGHT-OWNERSHIP AND RIGHT OF USE
2.1. Copyright and Ownership remains with the Designer. Client obtains the Right of Use (upon receipt of the full payment): The use of the final cover design and/or the interior art (PDF, PNG, JPEG or other publishing-ready format) for their eBook and/or printed book and associated promo materials.
2.2. The Client’s Rights of Use to the final cover design and/or final interior art is granted forever. Client has the right to use the design for as long as they deem necessary or appropriate given that the utilization is within the agreed-upon conditions and for intended purposes, as outlined in this Agreement.
2.3. The Designer is allowed in adding the work to her portfolio and/or uses a printed version of it for promotional purposes at their discretion. The Designer grants the Client an appropriate amount of time for a public reveal of the cover and/or interior art. After that, the Designer reserves the right to post the work in their portfolio.
2.4. The Designer retains copyright and ownership of all design and draft materials. Furthermore, the Designer reserves the right to re-use discarded concepts that differ from the final work, either for another client and/or a premade cover/ interior art.
3. COVER FILE EDITING BY CLIENT
3.1. The Client understands that they may not use the design for purposes outside the agreed terms and conditions and they have no right to alter the final cover design in any way except to change the size for printing or digital display. If the Client desires any alterations, they will consult the Designer. The Client understands that additional payments may be required to make these alterations.
3.2. Unless Client receives prior written consent from Designer, Client may not reuse, or hire another designer to reuse, any portion of artwork provided as part of future book cover projects or any other work unrelated to the book it was designed for. No final image rough draft may be altered, edited, or changed, except by the designer. The rough draft may not be publicly displayed and should only be shared for feedback in private to select individuals that the Client trusts.
4. INFORMATION ON STOCK IMAGE USAGE
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 design, and/or mixed on the interior art. These third-party providers, include Depositphotos and Envato Elements standard license. The cost of cover design includes the standard license for these images. The Designer will list the stocks used in a credit document, that will be sent together with the Client's final files.
The Client can reproduce book cover copies limited to up 500,000 units with unlimited web usage/displays for electronic use. For books with a print run over 500,000, additional licensing fees may apply. The standard license only applies to the book cover/ interior art itself — the images and elements used in the design cannot be reused, shared, or sold separately. Designer is not liable for Client misuse of images.
If the Designer is not notified of the need for an extended or enhanced license after the design has been delivered, it is the Client’s responsibility to secure the appropriate license needed. If this comes up, the Client may contact the Designer for assistance. Please note that the Designer is not responsible for any problems that may arise if the correct licenses are not obtained.
5. PUBLISHING RIGHTS
5.1. If the Client provides images and materials to the Designer, the Client acknowledges he/she has obtained all rights and permissions to publish materials to be used in the project. The Client shall be solely responsible for the materials and the validity of copyrights, trademarks and ownership claimed. Additionally, the Client agrees to indemnify, hold harmless and defend the Designer from any and all libel and copyright and permission infringement action resulting from materials the client provides. The book material the Client provides must not be a public domain work (unless Client is the original author).
5.2. The Designer 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. Moreover, the Designer reserves the right to refuse using Client provided images if they see fit.
6. AI INFORMATION
The Designer does not utilize or endorse AI-generated images. All book covers are created using licensed stock materials and original hand-drawn elements. Every resource is properly licensed, ensuring that the Client can prove their covers are entirely free of AI-generated content and fully compliant with publishing standards.
7. SCHEDULING
The Designer agrees to complete the project within the time period that has been previously agreed upon with the Client. The Client will provide sufficient notice and allow for reasonable time frames for project completion. Designer reserves the right to refuse any project or service request.
8. ATTRIBUTION
The Designer requires cover design credit appear in the Client’s book (either on the back cover, on the copyright page or in a suitable place) such as: “Cover design © Trinah Kei – Beauxif Graphics”
9. PRICES AND PAYMENT
9.1. To secure a slot for a custom cover, a booking fee is required. Additionally, deposit of half the total project cost must be paid days before the start date.
9.2. If the Client cancels the project, there is a project kill fee of half the full price (covered by the deposit). This does not apply to projects rescheduled ahead of time.
9.3. After approval of a low-resolution file of the final design, the remaining balance of the invoice is due. Payments must be made through PayPal.
9.4. Revision rounds are limited to five (5) for custom book covers. After that, additional fees will incur.
9.5. Significant changes (like swapping out images) after the approval of the low-resolution custom cover file, and requested changes after the final files have been sent will come with a fee.
9.6. The Designer reserves the right to giving the Client a price differing from those listed. All prices and fees will be communicated before starting work.
10. PUBLISHING DATA – RAW FILES
10.1. Access to the raw .psd files is not included, due to copyright reasons and licensing restriction of the stock images used.
10.2. Access to the flattened artwork with a separate text and character layers can be provided for an additional fee.
11. LIABILITY AND WARRANTY
11.1. The Designer is liable only for intentional or grossly negligent caused damage. Excluded from this are breaches of duty whose observance is of importance for the purpose of the contract (cardinal obligation). In the case of damage resulting from injuries to life, limb and health, the Designer is also liable for slight negligence.
11.2. It is the responsibility of the Client to check the work performed for any defects. It is strongly suggested that Client requests a proof from the printer before publishing or ordering any materials using the book cover design, and/or interior art.
11.3. With acceptance of the book cover and/or the release of drafts, the responsibility of the correctness of picture and text lies with the Client. In that regard, the liability of the Designer is eliminated. At no time will the Designer 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 and/or interior art.
11.4. The Designer guarantees storage of all source and work files for two years (2 years). Files that are lost or damaged within this period will be restored to the Client for free by the Designer.
12. CONFIDENTIALITY
12.1. Data provided by the Client are considered confidential and only used for the purpose of communication, to provide a quote or complete a project between the Designer and the Client and are not passed on to third parties. Project materials will not be given out or shared with any third party, unless otherwise requested by the Client.
12.2. The Designer retains the right to use Client’s author name and book title on the Designer’s portfolio and to market and promote the services of the Designer.
13. FORCE MAJEURE
An event of Force Majeure shall mean any event that may arise which is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, fire, flood, outbreak, tsunami or war). A party who becomes aware of an event of Force Majeure which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement shall immediately notify the other party and shall inform the other party of the period for which it is estimated that such failure or delay will continue. The affected Party shall take all reasonable steps to mitigate the effect of the Force Majeure.
14. CONCLUSION
This Agreement shall be entered into by the Client and by the Designer, Trinah Kei – Beauxif Graphics.