TERMS & CONDITIONS
1. COPYRIGHTS
Temys Designs holds the copyright for all book cover and interior formatting artwork created. You will receive lifetime usage for your cover as part of your cover package. Any proofs created under this agreement that are not selected as the final design may be used for resale by Temys Designs and the client shall not hold any rights to these concepts.
These rights ALLOW you to:
Self-publish the cover/interior formatPost the cover on your website, blog, and social media outletsCreate promotional/marketing products without changing the designUpload to your online ebook retailersPrint your book through a Print On Demand service
These rights DO NOT allow you to:
Alter or edit any part of the files without written permission from Temys DesignsGive the cover/interior format to anyone else for editing. Changes or imitations of the final cover/formatting artwork are prohibitedGive the files to a publishing house (this includes audio publishers). If you are picked up by a publishing house, please have them contact me directly atkris@temysdesigns.comUse any of the cover design/formatting aspects in any other cover designs or interior format in an attempt to match, mimic or copy the design.Use any of the cover/interior format typography and/or artwork in any other cover designs without receiving prior written permission from Temys Designs.Print your design on merchandise for the purpose of selling said merchandise. If you would like to make merchandise to sell using the designs created by Temys Designs please contact us and we can discuss proper licensing required for this purposeSell or exchange your purchased premade design, custom design, or other design work without written permission from Temys Designs. All sales are final.
If the client supplies Temys Designs 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. Temys Designs 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.
2. REVSIONS AND CHANGES:
Custom Cover Design:
Only one concept will be submitted for the Custom Cover Packages with limited revisions.
You will be given a maximum of 3 revision groups. This means if you want anything changed you get 3 additional proofs with the changes requested. Once the limit is reached, each additional proof will have a fee of $25
If you do not like the first concept (proof) at all, you will get a maximum of 3 concepts. This means I will create the cover from scratch up to 3 times. Once this limit is reached, each additional concept will have a fee of up to $100
These limitations ensure that my time does not go unpaid as each revision and concept may require as much time as the first concept, sometimes more. The fees also cover the cost of additional stock photography that will need to be purchased
Once a project is approved and finalized files are sent, any changes will require an additional charge of $50.
Premade Cover Design:
There will be no alterations to Premade Covers. If there is availability in the schedule, Temys Designs may approve revision requests for Premade Covers at the cost of $50/hour (one-hour minimum) or $50 per design change depending on alteration difficulty and acquirement of additional stock photos. Should fees exceed the cost of a custom cover at the same level (ebook or paperback) your project will be upgraded to a custom and thus fall under the revision/concept limitations of a custom cover.
Once a project is approved and finalized files are sent, any changes will require an additional charge of $50.
Interior Book Design:
Only one concept will be submitted for the Interior Formatting Packages with limited revisions.
You will be given a maximum of 3 revision groups. This means if you want anything changed with the interior design you get 3 additional proofs with the changes requested. Once the limit is reached, each additional proof will have a fee of $25
If you do not like the first concept (proof) at all, you will get a maximum of 3 concepts. This means I will create the graphics, chapter headings, etc. from scratch up to 3 times. Once this limit is reached, each additional concept will have a fee of up to $100
These limitations ensure that my time does not go unpaid as each revision and concept may require as much time as the first concept, sometimes more. The fees also cover the cost of additional stock photography that will need to be purchased
Once approved and final files are sent, each interior formatted book gets a maximum of three text-based changes at no charge for typos and grammatical errors that may be found after final files are sent. This does not include adding a large bulk of text which may affect graphic placement. Any changes that affect the overall design or graphic placement will fall under our hourly rate of $50 per hour (one-hour minimum). You will be notified ahead of time if your change request falls into this category.
3. DUE DATES AND PAYMENT:
Due Dates:
Contract: due upon receiving
Invoice: 50% is due within 3 business days of receiving the invoice in order to ensure you keep your cover completion date. Your due date will not be secured until a 50% deposit has been made. You may make multiple payments but your date is not held until at least 50% has been paid. Remainder of the balance must be made in full within 7 days of completion of project. Final files will not be given until this is done
Questionnaire: Your questionnaire is due no later than 2 weeks before your cover proof date. This ensures that I am able to do the necessary research to create the best cover possible. Please be clear and honest with your answers. I can only do my best work if you tell me exactly what you are thinking and feeling in regards to your cover. Meeting this deadline is vital, returning a late questionnaire may result in a rush fee (see below).
Interior Format Manuscript: Your fully edited final copy of your manuscript and questionnaire (when requested) is due no later than 3 weeks prior to your format proof date. This ensures ample time for Temys Designs to read your book, do necessary research, create graphics, and format your book. Meeting this deadline is vital, sending a late manuscript or questionnaire may result in a rush fee (see below).
Payment:
Client agrees to pay a non-refundable initial deposit of half the estimated total cost before work will begin on the custom project. The remaining balance is due within 7 days of design approval. Temys Designs will not release finished files to the client or other parties until final payment has been received. Temys Designs 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.
Buyout Clause:
If the client changes his/her mind on Temys Designs designing a series (2 or more books in the same series) there is a buyout option. Client agrees to pay 75% of the total estimated bill to terminate this contract.
Late Fees:
If the client becomes more than thirty (30) days late on a payment, Temys Designs may impose a $50 late fee 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 Temys Designs 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 Temys Designs 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.
Rush Fees:
Typical hours are Monday through Friday 10am-4pm central standard time. The designer will not work 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. Should the client need a cover in less than two weeks time or a format in less than 3 weeks time a rush fee will be incurred of $100 unless otherwise discussed beforehand. Availability for rush projects is limited.
4. CANCELLATION AND REFUND POLICY:
The client or Temys Designs may cancel agreements at any time by providing a 14 day written notice to the other party. If either client or Temys Designs cancels a project before work has started, neither the client nor Temys Designs 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.
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.
Premade Designs are nonrefundable.
Project Suspension:
We sincerely request that you trust us to do the job you are paying Temys Designs 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 Temys Designs.
5. LAYERED PSD FILES:
Layered .psd files are not included in any cover package (custom or premade). Layered files start at $1000. Temys Designs reserves the right to discount this fee for audio and traditional publishing houses as an agreed upon price will be contracted through the publisher.
Textless artwork may be purchased for an additional fee. Purchaser may not reproduce or modify the artwork from the original. Low-resolution file will be delivered with final files to be used for digital promotional items ONLY. Textless artwork is NOT approved for print use and you may not use textless artwork to create your own paperback wrap.
6. PORTFOLIO:
Temys Designs retains the right to use the client’s design and pen name in our portfolio and to market and promote our services.
Where possible, we will wait until the custom cover has been revealed. Should you choose not to publish your book or to change the cover prior to publishing, you may request the title and author name be changed in portfolio use. If the custom cover has not been revealed within 12 months of the proof date, it may be added to our portfolio and may be shared on social media.
Premade covers may be added to the portfolio immediately with the title and author name changes as the design has already been revealed as a premade.
7. CLIENT RESPONSIBILITIES:
The client is fully responsible for proofing the design provided by Temys Designs. Please check if any text is misspelled or misplaced on the proof before you approve the design and the final files are sent. Temys Designs 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 Temys Designs be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the design.
In order to hire Temys Designs, the client agrees to trust the designer in the designer’s process and design skill level. The designer specializes in book cover and interior book design and studies the book market. Design by Committee (posting a working cover draft or proof in a public forum) is strictly prohibited.
8. NON DEFAMATION:
You agree that you will not make any defamatory comments about Temys Designs or of the owner of Temys Designs and you will not disrupt the Temys Designs business in any manner. Nothing in this paragraph shall prohibit either you or Temys Designs from providing any information as may be required by law.
9. ONE FINAL RULE:
“Cover Design by Kristina Hack of Temys Designs | temysdesigns.com” or “Interior Format by Kristina Hack of Temys Designs | temysdesigns.com” must be added to the copyright page of every book covered or formatted by Temys Designs including ebook and paperback editions for which the cover or formatting is attached.
Tagging @temysdesigns on social platforms is not required but greatly appreciated.
By using our website and making purchase(s) you hereby acknowledge that you have read, understand, and agree to all terms of service listed above.
