TRAINING + DESIGN + PRINTING

TERMS AND CONDITIONS

 

PUBLISHING RIGHTS

 

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 Ceasar Graphix and its employees from any and all libel and copyright and permission infringement action resulting from materials client provides. The book material client provides must not be a public domain work (unless client is the original author).

 

CONFIDENTIALITY

 

2. All client information and materials are considered confidential and only for use by Ceasar Graphix 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.

 

COVER DESIGN SERVICES

 

3. Ceasar Graphix fee for design and print book cover includes the following:

 

    A high-resolution, print-ready PDF of the cover to send to client’s printer.

    A lower-resolution jpeg file formatted for use as an e-book cover.

    Smaller images of the book cover suitable for promotional use.

    An ISBN bar code created and placed on the back cover if needed. Client must supply designer with the ISBN.

    Purchases of stock images for use in the book cover design. (If client has specific image requests, additional charges may apply.)

    Digital delivery of the included cover files.

 

4. Ceasar Graphix fee for design of an e-book cover includes the following:

 

    A lower-resolution jpeg file formatted for use as an e-book cover.

    Smaller images of the book cover suitable for promotional use.

    Purchases of stock images for use in the book cover design. (If client has specific image requests, additional charges may apply.)

    Digital delivery of the included cover files.

 

The book cover design service does not include original artwork or illustrations, copywriting or text editing services, or anything else not specified in the included list above.

 

EDITING SERVICES

 

5. When providing proofreading services, the editor will correct punctuation, grammar, spelling, usage, typos, and capitalization. Proofreading does not include fact checking or any other services not specified in this agreement.

 

7. When providing copyediting services, the editor will correct punctuation, grammar, spelling, usage, typos, and capitalization. The editor may also note problems with clarity, consistency, and word choice. Copyediting does not include fact checking or any other services not specified in this agreement.

 

9. The editor will make corrections using Microsoft Word Track Changes and return the edited file electronically to the client upon receipt of final payment. Client is responsible for accepting or rejecting all changes once copyediting is complete.

 

10. All documents are edited to a high standard. Editors provide the best possible service to the best of their ability and cannot guarantee that the written documents are “perfect” or “without error.” Ceasar Graphix provides no guarantee that the client’s work will be completely error-free.

 

11. Ceasar Graphix retains the right to use client’s name and book title on Bookfly’s website and to market and promote our services.

 

OWNERSHIP RIGHTS

 

12. Upon receipt of full payment, Ceasar Graphix 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.

 

13. 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 Ceasar Graphix. The client understands that additional payments may be required to make these alterations.

 

14. The client agrees to abide by the terms of any license agreement for any images purchased by Ceasar Graphix 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 250,000 units, or sales in the case of e-books. For books with a print run over 250,000, 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.

 

15. Ceasar Graphix retains the right to use client’s final book cover design, name, and book title in Ceasar Graphix portfolio and to market and promote our services. Ceasar Graphix retains copyright and ownership of all design and draft materials.

 

16. If the client supplies Ceasar Graphix 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.

 

ATTRIBUTION

 

17. Ceasar Graphix requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such: “Cover design by Ekeade A. Gabriel of  Ceasar Graphix”

 

CLIENT RESPONSIBILITIES

 

18. Client is fully responsible for proofing the book cover design provided by Ceasar Graphix. 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 Ceasar Graphix 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.

 

LIABILITY

 

19. Ceasar Graphix 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. Ceasar Graphix 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.

 

PAYMENT

 

20. 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 completion of manuscript editing. Ceasar Graphix 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. Ceasar Graphix 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.

 

CANCELLATION POLICY

 

21. The client or Ceasar Graphix  may cancel this agreement at any time by providing written notice to the other party. If either client or Ceasar Graphix cancels a project before work has started, neither the client nor Ceasar Graphix is under further obligation to the other, and this contract will be considered cancelled.

 

22. 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.

 

COMPLETE AGREEMENT

 

23. 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

 

24. 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.

 

SEVERABILITY

 

25. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.

 

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