TERMS AND CONDITIONS
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by Methyss Art
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By hiring me, you agree to abide by the following terms and conditions:
Ownership Rights and Exclusivity
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• The Artist retains copyright ownership of the cover design artwork after the purchase is completed. The Artist retains the copyright and ownership of all design and draft materials.
• Upon receipt of full payment, the Artist grants the Client an exclusive license to use the final cover design artwork, custom-made cover, or pre-made cover.
• The Client understands and agrees that he has no right to alter the final cover design in any way except to change the size for printing and other display. If The client desires any alteration, he will consult the Artist. The Client understands
that additional payment may be required to make those alterations. The Artist will inform the Client regarding the cost of those alterations beforehand.
• The Client agrees to abide by the terms of any license agreement of any stock image purchased by the Artist through a third-party image provider to use in the Client’s book cover design. The cost of the cover includes the basic license to use these images. Clients can only use premade covers for advertisements on social media promotions. Reproducing copies is limited to up to 500,000 with unlimited web usage and is also based on the standard license on stock images (www.shutterstock.com/license-comparison ). The Client is responsible for contacting the designer to get permission for any other usages such as product packaging, magazines, marketing campaigns, mobile applications, newspapers, and album artwork.
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Boutique stock photo (such as Period Images, Neostock, etc) costs should be covered by The Client. For Pre-Made Covers, the boutique stock cost is covered by the Artist and included in the price, if applicable.
The Client assumes any and all liability for failure to comply with this requirement and/ or for failure to supply proper Copyright Notice in the published work.
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Payment
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PRE-MADE COVERS
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Clients agree to send the full payment before receiving the final artwork. The pre-made cover is sold as-is unless clearly stated in the description by The Artist.
The client is responsible to cover any additional costs not included in the pre-made package, such as paperback, promotional materials, and revisions.
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CUSTOM COVERS
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The Client agrees to pay a $50 booking fee. The Booking fee is non-refundable and will be deducted from the total sum of the artwork.
Both Parties will come to an agreement on how the payment should be covered:
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upfront;
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50% down payment and 50% after the final work has been
approved;
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After the project is completed.
Payments should be done via PayPal
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Cancellation Policy and Refund
For custom cover designs, the Client or the Artist may cancel the Agreement at any time by providing written notice to the other party. If either the Client or the Artist cancels a project before the work has started, neither party is under further obligations to the other party. The project is considered to be started within 3 working days from the receipt of the cost of the project.
In case the work has been started, the cancellation fee is based on the amount of work already completed. If the Artist has already worked on the project but hasn’t yet reached the final stages, 50% of the price of the project will serve as a cancellation fee. If the cover art has been completed, 100% of the price of the project will serve as a cancellation fee.
• Upon cancellation, all rights of the art return to the Artist, and the original art must be returned or destroyed, including any sketches, proofs, comps, or any other preliminary material sent by the Artist. The Client is not allowed to use any work created by the Artist and sent to the Client. In case the Client does not respect the mentioned above provision, he will breach the intellectual property rights of the Artist and he will be bound to pay any damages resulting from the breach. In case the Client cancels the order, the Artist has the right to request to transform the artwork into a pre-made cover and to use it at his discretion, with the written permission of the Client and by modifying all the specific elements of the artwork set by the Client.
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• For pre-made covers, all purchases are final and they can’t make the object of a refund.
Confidentiality
All client information such as the book and series title are confidential and only to be utilized by Methyss Art to complete the book cover. These are classified information that will not be given out or shared with any third party. The final cover can be shared in The Artists' portfolio only after The Client has revealed the book cover, or has given The Artist written permission to reveal it.
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Methyss Art will not be held liable when an artwork is deemed similar to other artworks merely based on general cover trends, themes, and genres.
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Revisions
Most pre-made covers are sold as they are, and changes are not an option.
In some cases, The Artist may agree to a limited number of revisions. These revisions are limited to 3 and may require an additional fee. The total cost of revisions is to be previously discussed and agreed upon by both parties.
Requesting revisions on a pre-made my require extra time in completing and personalizing the artwork.
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Upon agreement of first initial draft, which includes main images, concepts of backgrounds, editing services, and overall design allowed revisions will contain:
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Font Style of Color of Type
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Text Placement
Any requests which do not meet industry standards, genre-appropriate design, or any offensive or explicit ideas which violate terms of service will not be allowed.
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Attribution
The Artist requires a cover design credit to appear in the Client’s book (either in
the back of the book or in the copyright section). This credit should read as such:
Cover Artwork by Ruxandra Tudorica of Methyss Art
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The Artist retains the right to include the Client’s final and draft book cover design, name, and book title in the Artist’s Portfolio in order to market and promote the Artist’s services.
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Limitation of Liability
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The Client must test and try proofing of printing. At no time will the Artist 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.
The Artist is not liable for any incidental, indirect, consequential, or any other damages, including loss of revenues or profit, loss of business or reputation in any way related to the service.
The book cover design is sold as-is, The Artist does not guarantee any results in the sales of the book written by the Client.
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Modification of Agreement
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The modifications of any provisions of this agreement are not valid and enforceable unless confirmed and signed by both parties.
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Applicable Law
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By agreeing to these Terms & Conditions you also acknowledge and expressly agree that this agreement will be governed by the laws of Romania. The Courts of Romania shall have exclusive jurisdiction over all disputes between the parties.
In case of a conflict or a dispute, both parties agree to try to resolve the dispute amicably, and only in case of failure will they refer it to the competent courts.
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Final Provisions
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The present contract is the entire agreement between the parties. No additional promises and conditions, written or oral that are not included herein apply to this agreement.
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The finding of any provisions of this agreement to be invalid does not render the
remaining provisions invalid or unenforceable.