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 MiblArt 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).
2. All client information and materials are considered confidential and only for use by MiblArt 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. MiblArt’s fee for design of a print book cover includes the following:
If the client requires files formated for more than one platform, he/she may order them as the additional service.
4. MiblArt’s fee for design of an e-book cover includes the following:
MiblArt offers free revisions for a month after the end of the project.
Free changes are done in cases if you need:
change the size of the cover
change the number of pages
change the text on the back cover
change the subtitle or title
change the author’s name (in case if you decided to use your pen name)
change of the author’s photo on the back cover
change the barcode.
12. Upon receipt of full payment, MiblArt 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 after one month of project completion. If the client desires any alterations, he/she will consult MiblArt . 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 MiblArt 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.
15. MiblArt retains the right to use client’s final book cover design, name, and book title in MiblArt ’s portfolio and to market and promote our services. MiblArt retains copyright and ownership of all design and draft materials.
16. If the client supplies MiblArt 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.
17. MiblArt requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such: “Cover design by (designer’s name) of MiblArt.”
18. Client is fully responsible for proofing the book cover design provided by MiblArt. 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 MiblArt 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.
19. MiblArt 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. MiblArt 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.
20. Client agrees to pay the full cost of the cover after he/she receives the final design files with watermarks. MiblArt 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. After that Client will receive all the files without watermarks. MiblArt 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.
MiblArt uses Payoneer Billing Service to generate invoices for Clients. You may find all the information how to pay such bills here https://payoneer.custhelp.com/app/answers/detail/a_id/17183/~/how-to-pay-a-payoneer-user-via-the-billing-service—information-for-payers
21. The client or MiblArt may cancel this agreement at any time before the cover confirmation by providing written notice to the other party.
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.
25. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.