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The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Moonstruck Cover Design & Photography

All design work is carried out by Moonstruck Cover Design & Photography LLC on the understanding that the client has agreed to abide by Moonstruck Cover Design & Photography LLC terms and conditions.

Copyright of all graphic design work is retained by Moonstruck Cover Design & Photography 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 LLC as fulfilling the contract. All other artwork designs remain the property of Moonstruck Cover Design & Photography LLC, unless agreed in writing.

IMPORTANT: CREDIT YOUR DESIGNER

Moonstruck Cover Design & Photography LLC requires all clients to have this credit line:

Cover Design by Moonstruck Cover Design & Photography, moonstruckcoverdesign.com

In the interior of their ebook and paperback on the copyright page. If there is not a copyright page, the credit line must be placed somewhere in the beginning of the book.

The designs are copyrighted by Moonstruck Cover Design & Photography LLC so it is required to give the company credit.

PUBLISHING RIGHTS AND BRAND NAMING

1. The client acknowledges he/she/they has/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 Moonstruck Cover Design & Photography LLC and its employees from any and all libel and copyright and permission infringement action resulting from materials the client provides.

Moonstruck Cover Design & Photography LLC holds the copyright to all work, book cover artwork, videos, 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 LLC holds all rights to the 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 LLC 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.

*If the client has bought an exclusive photo, the exclusive photo rights stay with the client

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.

CONFIDENTIALITY

2. All client information is considered confidential and only for use by Moonstruck Cover Design & Photography 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 LLC retains the right to use client’s name and book title on Moonstruck Cover Design & Photography LLC’s website and to market and promote our services.

OWNERSHIP RIGHTS

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.

o If a Title PNG is included or purchased you are able to use the Title PNG in your Book Interior and teasers

o If full print wrap was purchased you may print your book on a Print On Demand service

o Client can use their book cover as a digital ad on social media. If text is too much in the way, client can purchase textless art of the cover to only use for digital ads. (adding new text to the textless art is prohibited without the designer’s permission)

o You may post your final design on publishing platforms, your website, blog, and social media outlets {Design by Committee is strictly prohibited. A client cannot post any draft of the working cover in a public forum}

o You may NOT share proofs private or public unless given permission by the designer

5. The client understands that he/she/they, another designer or third party has no right to alter the design. If the client desires any alterations, he/she/they will consult Moonstruck Cover Design & Photography LLC. 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 LLC 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 LLC 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:

o Give the cover to anyone else for editing. Changes or imitations of the final cover artwork and/or design are strictly prohibited.

o 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 LLC is strictly prohibited.

o Repurposing the design is prohibited.

o 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 moonstruckcoverdesign@gmail.com and we will take care of the paperwork

o Do not allow you to use any of the cover design aspects and concepts in any other cover designs.

o 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 is purchased.

o Use any of the cover typography and/or artwork in any other cover designs without receiving prior permission from Moonstruck Cover Design & Photography LLC in writing. If you need to do any of these things with your cover, please email moonstruckcoverdesign@gmail.com and they will gladly help you with what you need to do.

o You cannot edit your cover, nor turn it into a gif by any other designer other than Moonstruck Cover Design & Photography LLC. The designer has added the service to her menu so if you would like one done, please contact the Moonstruck Cover Design & Photography LLC .

o You cannot sell or exchange your purchased premade design, custom design or work without permission from Moonstruck Cover Design & Photography LLC. All sales are final.

*You CAN use bookbrush and other 3d book software to promote your book as long as the cover isn’t directly edited and following the guidelines of the design contract and stock photo licensing.

NFT’s are Prohibited

You may NOT use Moonstruck Cover Design & Photography’s work, images and/or designs, in whole, part, or as part of a derivative work, to create or sell non-fungible tokens (NFTs) of any kind.

STOCK USAGE RIGHTS

1. Moonstruck Cover Design & Photography LLC purchases a Standard License for any stock used in the designs, projects and/or videos. This entitles the Moonstruck Cover Design & Photography LLC 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, totebags, 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, the Designer has no control over the price set by the photographer and/or company). For Designs, Premades, Covers & Video Trailers the Designer purchases standard licenses at Shutterstock, Depositphotos.com, Soundstripe, Musicbed and Storyblocks. By signing, the client agrees to their terms and conditions and licenses and does not hold Moonstruck Cover Design & Photography LLC liable for any violation of their Terms & Conditions & Licenses.
Terms & Conditions linked: ShutterstockDepositphotos.comSoundstripeMusicbed , Storyblocks,
Envato Elements , and Periodimages.com
License terms: ShutterstockDepositphotos.comSoundstripeMusicbed and Storyblocks
and Envato Elements
2. For Videos:

  • Videos cannot be aired on TV, BROADCAST MEDIA, VOD or OTT
  • Videos can be shown on Youtube, and Social Media Platforms. On Youtube client must put the license ID code in their description. Moonstruck Cover Design & Photography LLC will provide this code to the client.
  • Client may not disassemble, decompile, reverse engineer, translate, or otherwise decode the audio of the videos, video clips for any reason whatsoever
  • Audio cannot be replaced with a Tiktok song, nor any other song than the purchased license. All the elements are commercially licensed. Client agrees to not use a Tiktok song. Client agrees not to replace song. (we do not want any copyright claims to come up)
  • Client understands that the video cannot be posted on Tiktok by another person besides the license holders (the Client & the Designer)
  • Do not allow access for other people to take the audio from the video (example do not allow Tiktok song sharing access if this is possible to turn off) Sharing the audio like this goes against the music licensing and terms–motionarray and soundstripe.
  • Music License Through Musicbed: License includes online paid advertising (i.e., where media is paid to promote your project) up to $25,000 per video. Contact Moonstruck Cover Design & Photography LLC for an extended license above the $25,000 limit. Moonstruck Cover Design & Photography LLC will keep a copy of the license agreement of the music license and can be provided upon request.

ALTERATIONS & CONCEPTS

ALTERATIONS FOR CUSTOM COVERS

9a. Only 1 concept will be submitted for the Custom Cover Packages with limited minor revisions.

9b. During the design process for the Custom Cover Packages, the client receives 3 proofs only. The first concept sent is 1 proof. If the design takes more than 2 working days to design at any point, then the designer has a right to go to her hourly wage of $50/hr. (example: composites can take up to 2 working days to design). If the design exceeds 3 proofs or over 16 hours/2 working days (whichever comes first) then the designer has a right to charge her hourly rate of $50/hr plus the remaining balance of the cover.

9c. If the client wishes to do multiple concepts for the Custom Cover Packages then the client agrees to pay the hourly rate of $50/hr plus the remaining balance of the cover.

9d. If the client changes their mind on the main stock photo chosen and approved for the Custom Cover Packages, then the client agrees to pay a minimum $20+ fee for another stock photo to use and the $50/hr hourly wage plus the remaining balance of the cover it’ll take to design and composite the new stock photo into the design.

ALTERATIONS FOR PREMADE COVERS

9e. There will be no alterations to Premade Covers.

ALTERATIONS AFTER FINAL FILE APPROVAL

9f. After final files are approved or delivered then the client understands that will be an alteration fee of $50/hour or $50 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.

PORTFOLIO

10. Moonstruck Cover Design & Photography LLC retains the right to use the client’s design and name in Moonstruck Cover Design & Photography LLC portfolio and to market and promote our services. Moonstruck Cover Design & Photography LLC retains copyright and ownership of all design, art and draft materials.

ATTRIBUTION

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.

CLIENT RESPONSIBILITIES

14. The client is fully responsible for proofing the design provided by Moonstruck Cover Design & Photography LLC. 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 LLC 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 LLC be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the design.

LIABILITY

15. Moonstruck Cover Design & Photography LLC 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 LLCis 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. To the fullest extent permitted by applicable law, Client agrees to defend, indemnify, and hold harmless Moonstruck Cover Design & Photography LLC, and its officers, managers, subscribers, employees, attorneys, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of this Agreement; (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (d) any claim that your use of this Agreement caused damage to a third party.

PAYMENT

17a. Premade are paid in full on our website. They must be purchased in order for the designer to start the work.

17b. Client agrees to pay a non-refundable initial deposit of half the estimated total cost in order to book the date for the project. The estimated remaining balance is due 7 days before the work has begun. If the estimated remaining balance is not paid before the booked date, then the project will not begin and the deposit will be forfeit if there is no communication of 1 week before the project date. The client can postpone the project but the client must reach out and communicate 1 week before the project date in order to postpone. The client can only postpone 2x.

o Ghosting: If the client ghost’s the designer (does not make any effort to communicate via moonstruckcoverdesign@gmail.com email) before or on their project date, Moonstruck Cover Design & Photography LLC will keep the non-refundable deposit and not have to reschedule the project.

o Scheduling: If the client postpones their project but does not set any future date within 2 months for their project with the designer, Moonstruck Cover Design & Photography LLC will keep the non-refundable deposit and not have to reschedule the project.

o Postponing: If the client has postponed their date 2x, Moonstruck Cover Design & Photography LLC will keep the non-refundable deposit and not have to reschedule the project.

o Moonstruck Cover Design & Photography LLC will not release files to the client or other parties until final payment has been received.

o Moonstruck Cover Design & Photography LLC retains the right to discontinue, withhold, or suspend services for any account at any point.

LATE FEES:

o If the client becomes more than thirty (30) days late on a payment, Moonstruck Cover Design & Photography LLC may impose a $50 late for each thirty (30) days of nonpayments. Payments made shall be prioritized towards late fees first. If no payments are made after three (3) months, then Moonstruck Cover Design & Photography LLC may cancel this entire agreement, release the proofs for resale, keep any monies already paid with no refunds, and the Client shall not receive any final files or licensing rights. If the Client wishes to start another agreement with Moonstruck Cover Design & Photography LLC after this six (6) months of non-payments, then the Client may be required to pay in advance a non-refundable down payment in the amount of up to 100% of the total estimated costs.

CANCELLATION AND REFUND POLICY

  1.  The client or Moonstruck Cover Design & Photography LLC may cancel agreements at any time by providing a 14 day written notice to the other party. If either client or Moonstruck Cover Design & Photography LLC cancels a project before work has started, neither the client nor Moonstruck Cover Design & Photography LLC is under further obligation to the other, and agreements will be considered canceled. The client understands that the deposit is non-refundable. If work has been started and a proof has been submitted before the requested cancellation, then the Client will still be responsible for 75% of the total estimated costs and shall not receive any final files. Management holds the discretionary rights to make special case circumstances for reduced rates for any cancelation request.

    19. If the client should stop or cancel a design job once it has started, the client will have no rights to any mockups sent to the client and agrees to destroy them. The client understands that canceling or stopping a project mid-design will ultimately mean losing the 50% non-refundable deposit.
    20. Custom Cover Deposits, Premade Designs & Premade Videos are nonrefundable.

    ACKNOWLEDGMENT OF WORKING HOURS

    21. Typical hours are Monday through Friday 9-4pm Eastern US time zone. The designer will not work on weekends or holidays unless a rush fee is paid in full, the designer has availability and the time is discussed beforehand. The designer may take a day off when she needs to.
    Turnaround time: Depends on approval and proofs in the design process. Designs can take up to 1-4 weeks depending on how many designs, communication, number of proofs, and difficulty. The designer will schedule a week to begin your project. Please note that all the work does not get done that day and proofs may not be sent right away until the designer feels they are ready to be seen. If there is an act of god, natural disaster (eg. Hurricane, fire etc), accident, stolen work equipment, family or spousal loss or if the designer is sick the designer can take longer than 4 weeks on the design.

    After approval, the client may not get the final files that very day.

    Rush Hours: if the client needs the designer to work on weekends, holidays or in between an already booked schedule–there will be a 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.

    After final approval of designs: The designer may take up to 7 days to get the client their final files after final approval and final invoice is paid–unless a Rush Fee is paid.

    PROJECT SUSPENSION

    22. We sincerely request that you trust us to do the job you are paying Moonstruck Cover Design & Photography LLC to do. That you will take on board suggestions, and ideas, to be in your best interests. We take pride in our work and are not art-workers, therefore, any form of micro-managing, or forced art direction during the development of the project will not be tolerated.

    We reserve the right to keep the nonrefundable deposit, and suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique book cover ideas/concepts, posts a draft in a public forum (design by committee) and/or shows reluctance in paying the final payment.

    Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Moonstruck Cover Design & Photography LLC.

    TRUST IN YOUR DESIGNER
    23. In order to hire Moonstruck, the client agrees to trust the designer in the designer’s process and design skill level. The designer specializes in book covers and studies the book market. Design by Committee (posting a working cover draft or proof in a public forum) is strictly prohibited.

    EMAILS AND MESSAGES
    24. In order to be in the queue for alterations or changes to your design, please use the email moonstruckcoverdesign@gmail.com. Facebook PM is nice but the designer sometimes has a lot of notifications and in order to be sure you’re in the queue please use email.

    NON-DEFAMATION

    25. Non-Defamation. You agree that you will not make any defamatory comments about Moonstruck Cover Design & Photography LLC and of the owner of Moonstruck Cover Design & Photography 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 LLC from providing any information as may be required by law.

    COMPLETE AGREEMENT

    26. 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.