All client information and materials are considered confidential and only for use by Sweet Bird Designs LLC to provide a quote or complete a project. Client information and project materials will not be given out or shared with any third party, unless otherwise requested by the client.
Upon receipt of full payment, Sweet Bird Designs LLC grants the client exclusive license to use the final cover design artwork (PDF, JPEG or other publishing-ready format) for his/her book and/or e-book cover and associated promotional materials.
The client understands that he/she has no right to alter the final cover design in any way except to change size for printing or digital display. If the client desires any alterations, he/she will consult Sweet Bird Designs LLC. The client understands that additional payments may be required to make these alterations.
The client agrees to abide by the terms of any license agreement for any images purchased by Sweet Bird Designs LLC through a third-party image provider for use in client’s book cover design. The cost of cover design includes the license to use these images and is limited to a print run of 500,000 units. For books with a print run over 500,000, additional licensing fees may apply. Images used for client’s cover are royalty-free; however, the photographer owns the copyright to those photographs and they cannot be distributed in any manner other than in the book cover design.
Sweet Bird Designs LLC retains the right to use client’s final book cover design, name, and book title in our portfolio and to market and promote our services. Sweet Bird Designs LLC retains copyright and ownership of all design and draft materials.
If the client supplies Sweet Bird Designs LLC 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. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
Sweet Bird Designs LLC requires cover design credit appear in the client’s book as such: “Cover design by Kristin Clifton of Sweet Bird Designs.”
Client is fully responsible for proofing the book cover design provided by Sweet Bird Designs LLC. It is strongly suggested that client requests a proof from the printer before publishing or ordering any copies of the book. At no time will Sweet Bird Designs LLC 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.
Sweet Bird Designs 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. Sweet Bird Designs LLC 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 because of any breach of the terms and conditions of this agreement.
Client agrees to pay an initial deposit of half the total cost before work will begin on the project. The remaining balance is due upon approval of final book cover design or project. Sweet Bird Designs LLC will not release finished files to the client or other parties until final payment has been received. The final payment is also final approval of the project, and this contract will be considered fulfilled and thus, terminated. Sweet Bird Designs LLC retains the right to discontinue, withhold, or suspend services for any account should payments not be paid for a contracted job in the order specified in this agreement.
The client or Sweet Bird Designs LLC may cancel this agreement at any time by providing written notice to the other party. If either client or Sweet Bird Designs LLC cancels a project before work has started, neither the client nor Sweet Bird Designs LLC is under further obligation to the other, and this contract will be considered cancelled.
If the client should stop or cancel a book cover design job once it has started, the client agrees to forfeit 50% of the project total sum. This is to cover resources and time taken during the project up to the point of cancellation. The client will have no rights to any mockups sent to the client and agrees to destroy them. If the client should stop or cancel an editing job once it has started, the client will pay for the work completed through the date of cancellation.
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.
MODIFICATION OF AGREEMENT
Modification of any provisions of this agreement is not valid and enforceable unless confirmed in writing and signed by all parties either in hardcopy or by e‐signature.
The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.