TERMS AND CONDITIONS
This website is operated by Covers in Color. Throughout the site, the terms “we”, “us” and “our” refer to Covers in Color. Covers in Color offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
SECTION 1 - PUBLISHING RIGHTS
- 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, licenses, trademarks and ownership claimed by the client. Client agrees to indemnify, hold harmless and defend Covers in Color from any and all libel and copyright and permission infringement action resulting from materials client provides.
SECTION 2 - CONFIDENTIALITY
- Client information, project information and publishing details are deemed confidential and will only be used by Covers in Color to provide a service. Information of this nature is not shared with anyone outside of the author and/or publisher.
SECTION 3 – LICENSED MATERIAL
- Covers in Color designs all artwork by using licensed stock photography, vectors, illustrations or images directly licensed from the photographer, illustrator or legal owner of images. The client agrees to abide by the terms of any license agreement for any images or illustrations purchased by Covers in Color through a third-party image provider for use in client’s artwork.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Covers in Color shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - OWNERSHIP RIGHTS
- Covers in Color grants the client exclusive license to use the final graphic artwork for its intended purpose.
- The client understands that any alterations to the final design, with the exception of modifying the sizes for publishing and promoting services, are strictly prohibited. The client agrees to consult with Covers in Color if the need to alter the final design occurs. The client acknowledges that additional fees may be applied if changes to final/approved artwork is required.
- Covers in Color retains the right to use client’s final design, author name, publishing name and book title in our portfolio, on our website and to market and promote our business and designs services.
- Covers in Color retains copyright and ownership of all design and draft materials. Native files remain the possession of Covers in Color.
- The client acknowledges that use of cover art for more than one title is not permitted and is a direct violation of license terms. Covers in Color will not be held accountable if a client infringes any of the terms in this agreement.
SECTION 6 - ATTRIBUTION
- Covers in Color requires cover design credit appear in client’s book on the copyright page as such: “Cover Design by Covers in Color”.
SECTION 7 - CLIENT RESPONSIBILITIES
- Client must adhere to the terms of any license agreements from any stock image images and/or illustrations purchased by Covers in Color.
- Client is fully responsible for proofing the design provided by Covers in Color. At no time will Covers in Color be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the design.
SECTION 8 - PAYMENT
- Payment for all services are due prior to work being performed unless other arrangements have been made between the client and Covers in Color.
- Installment payments are managed via third-party. Thus, the client and the third-party institution manages a separate financial agreement. Covers in Color is not notified of default payments and is not privy to any debt collection attempts and/or payments as a result of default.
- Covers in Color has the right to suspend any project if payment has not been made in its entirety.
SECTION 9- PERSONAL INFORMATION
SECTION 10- LIABILITY
- Covers in Color 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 design services.
SECTION 11- CANCELLATION POLICY
- The client or Covers in Color may cancel agreements at any time by providing written notice to the other party. If either client or Covers in Color cancels a project before work has started, neither party is under further obligation to the other, and agreements will be considered cancelled.
- The client accepts that cancelling a project that has already started will not be eligible for a full refund and agrees to forfeit 50% of the total project cost.
- The client understands if they cancel a project, refunds are only viable if the project has been booked within the last 90 days. Any cancellations by the client after 90 days are non-refundable.
- If Covers in Color cancels a project, the client will receive a full refund.
SECTION 12- PROJECT REJECTION OR SUSPENSION
- Covers in Color reserves the right to reject any project for any reason. In the event Covers in Colors rejects a project, the customer will be notified and a full refund will be granted.
- Covers in Colors has the right to suspend any on-going project if a client is unable to proceed after being provided with a number of distinctive conceptual art, unable to agree to a design direction or defaults on the agreed payment.
- Proper notice will be given with a chance to resolve the situation without resorting terminating the project. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Covers in Color.
SECTION 13- ENTIRE AGREEMENT
- 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.
SECTION 14 - GOVERNING LAW
- These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.