The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC)
All design work is carried out by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) on the understanding that the client has agreed to abide by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) terms and conditions.
Copyright of all graphic design work is retained by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing).
If multiple design concepts are submitted, only one concept is deemed to be given by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) as fulfilling the contract. All other artwork designs remain the property of Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC), unless agreed in writing.
PUBLISHING RIGHTS AND BRAND NAMING
1. 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 Moonstruck Cover Design & Photography DBA and its employees from any and all libel and copyright and permission infringement action resulting from materials client provides.
Moonstruck Cover Design & Photography DBA holds the copyright to all work, book cover artwork and designs created. The Client will receive lifetime usage of your cover as part of your cover package. The designer will not give out raw or .psd layered files. The client, another designer, or any third party cannot alter or edit any files without permission. The client understands that Moonstruck Cover Design & Photography DBA holds all rights to artwork and can sell physical prints. Any proofs generated under this agreement that are not selected for the final designs, Moonstruck Cover Design & Photography may use for resale and the client shall not hold any rights to the concepts.
The client, another designer or third party cannot copy or duplicate the branding of any of the designs and series Moonstruck Cover Design & Photography has designed.
Example: Client cannot design book 2, 3, or 4, etc. with the same branding as book 1 (original done by Moonstruck). Another designer or third party cannot design with the same branding of book 1 or any of Moonstruck’s designs.
The branding applies to any of the following: same fonts, same colors, same tone, same layout, same style, same picture, same model, or same stock set. If the client wishes to go to another designer for their next cover—the designer and client need written consent to continue the same branding. If written consent and permission is not met then Moonstruck Cover Design & Photography has a right to ask to take the design down from the publishing platform and take the violation to court. Any copying or duplication of branding is a direct violation of this contract and designer copyright.
Moonstruck owns the copyrighted branding of all the covers they have designed. The client cannot reproduce or have another designer or third party reproduce any branding for their series that Moonstruck Cover Design & Photography has designed.
2. All client information is considered confidential and only for use by Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) to provide a quote or complete a project. Client information will not be given out or shared with any third party, unless otherwise requested by the client.
3. Moonstruck Cover Design & Photography DBA (under AWT Technical Support LLC) retains the right to use client’s name and book title on Moonstruck Cover Design & Photography DBA website and to market and promote our services. (Moonstruck also retains the right to talk and ask colleague\s and coworkers about details of the project (often advice about the project and how best to proceed with the design))
4. Upon receipt of full payment, Moonstruck Cover Design & Photography grants the client exclusive license to use the final design artwork (PDF, JPEG or other format) in the purpose of the design was bought for without changing the design. Example: An ebook cover can only be published as an ebook cover. A bookmark can be only printed as a bookmark, it cannot be repurposed into anything else such as a rack card, banner, etc.
5. The client understands that he/she, another designer or third party has no right to alter the design. If the client desires any alterations, he/she will consult Moonstruck Cover Design & Photography DBA. The client understands that additional payments may be required to make these alterations.
6. The client agrees to abide by the terms of any license agreement for any images purchased by, Moonstruck Cover Design & Photography DBA through a third-party image provider for use in the client’s designs.
7. If the client supplies Moonstruck Cover Design & Photography 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. Moonstruck Cover Design & Photography DBA 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.
8. These rights do not allow you to:
- Give the cover to anyone else for editing. Changes or imitations of the final cover artwork and/or design are strictly prohibited.
- Edits to the design, resizing the design, placing text over the design, cropping the design, altering the design in any way without written permission from Moonstruck Cover Design & Photography DBA is strictly prohibited.
- Repurposing the design is prohibited.
These rights do not allow you to: Give the files to a publishing house. If you are picked up by a publishing house, please have them contact Moonstruck Cover Design & Photography directly at email@example.com and we will take care of the paperwork
- Do not allow you to use any of the cover design aspects and concepts in any other cover designs.
- Do not allow you to self-publish to audio publishers (through author’s independent company or third-third party distributor such as ACX/Amazon company) unless Audiobook Cover License is purchased ($50).
- You cannot use any of the cover typography and/or artwork in any other cover designs without receiving prior permission from Moonstruck Cover Design & Photography DBA in writing. If you need to do any of these things with your cover, please email firstname.lastname@example.org and they will gladly help you with what you need to do.
- You cannot sell or exchange your purchased premade design, custom design or work without permission from Moonstruck Cover Design & Photography DBA. All sales are final.
ALTERATIONS FOR PREMADE COVERS
9a. There will be no alterations to Premade Covers. There may be alterations if there is availability in the schedule and the client pays the $45/hr fee (one-hour minimum) or $45 per change.
ALTERATIONS AFTER FINAL FILE APPROVAL
9b. After final files are approved or delivered then the client understands that will be an alteration fee of $45/hour or $45 EACH alteration for any alteration changes. Final Files Delivered means any premades delivered, any ebook cover and/or custom cover package “ebook cover, facebook banner, 3D images” sent. Final Files Delivered does not include your fitting for your paperback.
10. Moonstruck Cover Design & Photography DBA retains the right to use the client’s design and name in Moonstruck Cover Design & Photography DBA portfolio and to market and promote our services. Moonstruck Cover Design & Photography DBA retains copyright and ownership of all design, art and draft materials.
11. Moonstruck Cover Design & Photography requires “Cover Design by Moonstruck Cover Design & Photography, moonstruckcoverdesign.com” is stated inside your paperback copy and ebook. Tagging on social media platforms is not required but greatly appreciated.
12. The parties agree to submit any dispute under this License to binding arbitration under the rules of the American Arbitration Association in the following location: St. Johns County, Florida, USA. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
13. Governing Law: This Agreement will be governed and construed in accordance with the laws of the State of Florida without giving effect to principles of conflict of laws. Both parties agree to submit to jurisdiction in Florida and further agree that any cause of action arising under this Agreement may be brought in a court in St. Johns County, Florida, USA.
Additional terms and conditions exist in accordance to our parent company which can be found on their website, located at awtechsupport.com
14. The client is fully responsible for proofing the design provided by Moonstruck Cover Design & Photography DBA. Please check if any text is misspelled or misplaced on the proof before you approve the design and the final files are sent. Moonstruck Cover Design & Photography DBA reserves the right to charge an alteration fee if final files are sent and the text needs changed. It is strongly suggested that client requests a proof from the printer before ordering any copies of the design. At no time will Moonstruck Cover Design & Photography DBA be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the design.
15. Moonstruck Cover Design & Photography DBA 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. Moonstruck Cover Design & Photography DBA 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.
16. Premade Designs are nonrefundable.
ACKNOWLEDGMENT OF WORKING HOURS
17. Typical hours are Monday through Friday 9-5pm eastern US time zone. The designer will not work on weekends or holidays unless a rush fee is paid in full, if the designer has availability and the time is discussed beforehand. The designer may take a day off when she needs to.
Rush Hours: if the client needs the designer to work on weekends, holidays or in between an already booked schedule–there will be a $100 Rush Fee for each project. Rush Hours also include if the client needs the cover in a short number of days. In order for your cover to become a number one priority, the designer may have to move other projects around to accommodate the tight deadline, therefore, a Rush Fee is enforced. Availability for Rush Hours is limited.
EMAILS AND MESSAGES
18. In order to be in the queue for alterations or changes to your design, please use the email email@example.com. Facebook PM is nice but the designer sometimes has a lot of notifications and in order to be sure you’re in the work queue please use email.
18. Non-Defamation. You agree that you will not make any defamatory comments about Moonstruck Cover Design & Photography (under AWT Technical Support LLC) or of the owner of Moonstruck Cover Design & Photography (under AWT Technical Support LLC) and you will not disrupt the Moonstruck Cover Design & Photography’s business in any manner. Nothing in this paragraph shall prohibit either you or the Moonstruck Cover Design & Photography from providing any information as may be required by law.
25. 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.