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The Agreement is entered into by and between THE PRETTY LITTLE DESIGN CO. a sole trading business under the laws of the United Kingdom (“Designer”) and YOU (“Client”) with respect to designer services as client’s graphic design in accordance to the following:

 

CONTRACT OUTLINE

  • The following agreement outlines the terms and conditions of service used by The Pretty Little Design Co. in regard to any design work undertaken between the Designer and their Client.

  • The Client agrees to be transparent with the Designer and not request work which is required immediately. Due to unforeseen circumstances, it is not advised to request work for artwork needed for imminent publishing releases.

  • The Client agrees to abide by the terms and conditions given by The Pretty Little Design Co. in this contract.

  • A non-refundable 50% deposit is required on the 1st of the allocated booking month before any design work begins. This will both confirm allocated booking slots and secure the job will start on the date given.

  • The Client understands that a contract must be signed, minimum payment of the deposit must be made and a design brief must be with the Designer before the allocated booking. Failure to supply any of these will result in the client’s slot being cancelled – even if payment has been made.

  • Deposits are non-transferrable.

  • Any custom work is created between Monday and Wednesday of the booking week with final files being with the Client by the end of the week or sooner.

  • Any concepts will be watermarked until final payment.

  • No final files are exchanged without final payment.

  • Final payment is required as soon as approval is given, but a 4-week period is offered before late fees begin.

  • Payment does not allow copyright of intellectual property.

  • Photoshop (PSD) files are not included.

  • Any additional work, including cover changes made at the Clients discretion, is billable. Usually at the hourly rate of £25.

  • The Client understands other charges may apply outside of their allotted booking.

  • The Client acknowledges they play an active role in the design of their files, and their honest input is greatly valued and required to make this a fun, exciting, and interactive process until their approval of a design.

  • Any form of micro-managing, outside influence or lack of respect by the Client can result in suspension of any project at any point in the process. The deposit will not be refunded, and the Designer keeps ownership of the files and any design made so far.

  • Once files are approved, the Designer cannot be held liable for any damages, including loss of revenues or profits, loss of business or reputation, or any issues that arise from services offered by the Designer.

  • Approval means the Client takes responsibility for the design matching their expectations and their brief.

  • Any negative review, with or without reason, that is left on any public forum will result in legal action. The Designer advocates positive processes and experiences and will strive to rectify any issues the Client may have.

  • Prices will change 1st January 2023.

  • These terms may change, the Client acknowledges they are beholden to any terms and conditions set out by the Designer and The Pretty Little Design Co.

 

 

PACKAGE OUTLINE

All clients are eligible to the files set out in the following packages:

 

STANDARD

£160

- 1x high-res eBook cover

- 1x high-res paperback cover

- 1x high-res Facebook banner (3,600px x 2,100px)

- transparent title PNG – colour, white, and black, if possible.

- 1x eBook teaser image

- 1x PDF copy for paperback printing upon final format.

 

PREMIUM

£190

- 1x high-res eBook cover

- 1x high-res paperback cover

- 1x high-res Facebook banner (3,600px x 2,100px)

- transparent title PNG – colour, white, and black, if possible.

- 1x eBook teaser image

- 1x ARC edition of eBook

- 2x promo graphics - ‘COVER REVEAL’ AND ‘NOW AVAILABLE’

- 1x book cover mock-up PNG

- 1x PDF copy for paperback printing upon final format.

 

HOURLY RATE

£25

- Covers the Client for any changes needed to any final file at their discretion.

- For example, a title swap, series name change, addition of a bestseller tag, etc.

 

1a. The Client acknowledges these packages are non-negotiable.

1b. The prices set out by the Designer in this contract are non-negotiable.

1c. Any changes required after files are sent are billable at the hourly rate laid out by the Designer.

1d. Any additional PDFs needed are billable at an additional rate.

 Any additional graphics required are chargeable at separate rates laid out by the Designer on the website.

1e. Prices and package contents are subject to change at the Designer and The Pretty Little Design Co.’s discretion.

1f. Discounts are not promised or guaranteed and are offered out at the Designer’s discretion.

 

CONTRACT PRIVACY POLICY

2a. Any client information received (i.e. name, email address, payment information, etc.) are strictly confidential and will only be used by The Pretty Little Design Co. in accordance to their use.

2b. Under no circumstance will this information be shared with anyone who isn’t a part of The Pretty Little Design Co. team.

 

OWNERSHIP RIGHT

3a. Due to the nature of licensing and intellectual copyright, full payment does not enable the Client to trademark any element of a design they have not created themselves.

4a. Full payment grants the Client copyright use of the flattened artwork as is in the form in which the Designer has sent (JPEG/PNG/PDF).

4b. The Client acknowledges they cannot alter or edit any part of the design without permission from the Designer under any circumstance.

4c. Improper use of the graphics may result in additional payment and/or legal action.

4d. Any alterations required are liable to the hourly charge set out by The Pretty Little Design Co.

5a. The Designer still own rights to all original artworks in PSD form due to intellectual copyright.

5b. The Designer will not, under any circumstance, give access to these PSD files.

5c. PSD will not be sold to any client.

6a. The Client acknowledges they are not permitted to use another designer to continue artwork without written permission from the Designer.

6b. Without written consent, the Client is liable to pay for damages which are the equivalent of the original package purchased for the previous cover(s).

6c. The Client may be asked to remove any designs by other designers from any and all sale platform and social media platforms in compliance if payment is not made.

6d. Legal action will proceed in this event.

7a. The Designer will only use STANDARD licensing for any and all images used to the quantity set out in the packages above.

7b. Additional images will carry a standard £5 fee each which is payable before final files are sent.

7c. The third-party suppliers used, but are not guaranteed, are Adobe Stock and Depositphotos.

7d. Others may be used at the Designer’s discretion.

7e. The Client agrees to abide by the terms of any license agreement set by any third-party image provider.

7f. Once payment is made, any changes to third-party policies are not liable to the Designer.

7g. It is their responsibility to look into these licenses and use appropriately.

7h. Extended licensing is the Client’s responsibility based on their sales and use of any artwork that may exceed standard licensing.

7i. At their discretion, the Designer does not have to supply licences or stock images with their packages.

8a. Due to licensing and intellectual copyright, artwork will not be supplied free of typography unless the original artwork was used for this manner.

9a. The Designer and The Pretty Little Design Co. maintain the right to use any finalised artwork to promote their business as necessary.

9b. No artwork will be shown until the Client has had the right to reveal the artwork themselves.

10a. Any unused design concepts may be made into pre-made covers at the Designer’s discretion.

10b. The Client has no right to these unused concepts.

11a. If the Client supplies their own imagery, it is with the understanding they have done so with the appropriate licensing for use.

11b. The Designer reserves the right to ask for proof of artwork at any given time.

11c. The Designer is not liable to any legal recourse in the event the Client supplied unauthorised images for use.

11d. Should any intellectual property or copyright infringement dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.

12a. Payment does not qualify the Client to exclusive rights to fonts, images, brushes, styles, concepts, etc, used.

12b. Per their request, the Client can ask for names of fonts and image links to acquire the appropriate licensing if necessary.

12c. Due to the nature of licensing, copyright, trends, and limited styles and colours, the Client cannot mention any identical elements such as fonts used unless the overall concept and design is identical to theirs.

 

 

ATTRIBUTION

13. Any artwork received by the Client from the Designer is required to be credited to The Pretty Little Design Co., whether on social media, final products, sales platforms and/or the Client’s website.

 

Attribution is based upon the work you have used The Pretty Little Design Co. for.

For example:

Cover design © The Pretty Little Design Co.

 

 

CLIENT RESPONSIBILITIES

14a. The Client is given a ‘week commencing’ date for their booking. This means that their custom work can be started at any point of that week but will most likely fall into the timeframe of Monday-Wednesday.

14b. The Client agrees to be transparent with the Designer about their booking, and not request work which is required immediately. Due to unforeseen circumstances, it is not advised to request work for artwork needed for imminent publishing releases. Please allow at least 6-8 weeks.

14c. The Client is required to have the contract signed, the deposit or full payment made, and the design brief filled out before their ‘week commencing’ date. The job must be ready to start the Monday of the booking week in question.

14d. All of the relevant information for payment and a design brief will be provided via a contract email and on a separate email.

14e. If the Designer has to follow up for any of these within one day of the booking (the day prior) or after the ‘week commencing’ date, the job will be cancelled, and the Client will forfeit their deposit.

14f. The deposit is non-transferrable.

14g. The Designer will strive to start ALL custom work between Monday and Wednesday of every week with final files delivered before the end of the week, Friday.

14h. The Client acknowledges this and agree to be prepared and active.

14i. The Client will utilise all aspects of the design brief to make sure they supply all important information, including covers that match their prospective market, integral design details (character descriptions, relevant objects, themes within the story, plots that are key), and any other information to help make their cover as unique and clear as possible for their book.

15a. The Client understands they must play an active role within the process of creating their cover artwork until the point of approval.

15b. Feedback is required promptly, but within six hours, of proofs being sent to keep workflow consistent and to respect the timeframe set out by the Designer so they can accommodate other clients who may be booked in.

15c. The Client acknowledges their responsibility in the role as client and accepts that they will use their 3 revisions wisely to get a design that matches their expectation.

15d. The Client accepts that if they delay feedback and/or approval, there will be a delay in receiving their files and possible charges may apply.

15e. The Designer can charge the Client additional fees for any feedback not given within six hours of proofs being sent, especially if the delay infringes on other clients’ work.

15f. The Client acknowledges that other clients are paying for the same service.

15g. At all times, the Client must respect they may not be the Designer’s only custom job for the week as multiple bookings are taken with time management taken into account.

16a. Any issues with final files must be brought to the Designer’s attention within twenty-four-hours of being sent. Any errors and editing issues can be addressed within this timeframe without additional charges.

16b. Errors found outside of this twenty-four-hour period are billable the hourly rate.

17a. If a faster turnaround is required, a 50% fee is required of the asking price of the package involved.

18a. If any work falls outside of the Designer’s standard hours of operation.

18b. There is a 50% fee of the original amount required for work within the evenings of any workday.

18c. Any work required during the Designer’s personal leave, weekends and/or public holidays will be billable to 100% of the amount already paid.

18d. See clauses 25 and 26 for a breakdown of times and rates.

18e. The Client understands the designer may work outside of their hours at their discretion and should not be expected.

19a. The Client understands that until final payment is made only watermarked concepts will be sent.

19b. All concepts prior to approval will be watermarked by the relevant third-party supplier and by the Designer’s logo.

19c. The Client has no right to their watermarked files.

20a. The Client acknowledges they have a right to two concepts if needed with three revisions per concept, if required.

20b. The concepts will be based from the design brief offered, so the Client acknowledges they must fill this in, answering all questions with adequate answers and information, providing as much information as possible to make this process seamless.

20c. The Designer endeavours to keep the line of communication open with a friendly and approachable manner so this experience is both positive and rewarding for both parties (Client and Designer) involved. This helps enable ease and provision to fulfil the Client’s wishes.

21a. The Client understands what each package involves, including the manipulation fee.

21b. The Client must decide which package is most suitable for their needs but understands that while they can upgrade from ‘The Standard Package’ to ‘The Premium Package’ they cannot downgrade.

21c. The Client must pay the equivalent between the packages in order to upgrade.

22a. The Client assumes full responsibility for proofing the design provided by the Designer at any point within the process.

22b. The Designer takes no responsibility for errors made unless it is their mistake.

22c. Any mistakes found after approval and the twenty-four-hour period of sending final files are the Client’s and they become liable to a charge of the hourly rate to make appropriate changes of all files involved.

23a. The Client understands their approval is testament that the design is to their satisfaction and fits the brief provided.

23b. Once approval is given the Clients assumes any responsibility and acknowledges the Designer cannot be held financially or legally responsible for any problems, legal matters, additional costs, fees or expenses by the Client as a result of using the final design.

23c. Once approval is given and full payment is made, final files are sent at the earliest opportunity. Under some circumstances, files can take as long as 14 working days to be delivered.

23d. Due the nature of printing presses, the Designer cannot be held responsible for the final printing of a PDF cover supplied by them to the Client. Especially once approved by the Client.

23e. The Designer will allow ONE free change to a PDF if there is a printing issue.

For example, if the cover is printing too dark in colour, not central enough, etc.

23f. Once this one change has been made, any additional work needed is the Clients responsibility and they will be required to pay an hourly rate for changes. This will need to be purchased per change.

24. It is the Client’s responsibility to acknowledge that The Pretty Little Design Co. can change their terms and conditions to best suits the needs of the business without any warning to the client.

 

PROJECT TIMELINE

25a. The Designer will endeavour to operate within the hours of 9am-5pm, Monday to Friday (UK time).

25b. The Designer may opt to work outside of these hours at their discretion.

25c. The Designer may take any day off during the course of the week at their discretion.

25d. No Client has the right to question the Designer’s personal leave.

26a. The Client acknowledges additional fees apply if work falls outside of these hours due to any delay and/or additional work that the Client is responsible for.

The fee is added to the original job’s value:

  • Evenings – 50%

  • Weekends/ public holidays – 100%

  • Personal leave – 100%

For example, a client receiving a custom cover under the standard package, would pay £180, but if requested to work outside of the hours, the designer can charge an additional £90-£180.

27a. The Designer will allow for slight changes to accommodate a conflict within time zones, but it is not expected of the Designer to work later or earlier due to a difference of location.

28a. Due to the nature of bookings, the Client must give enough notice for any bookings and requirement of final files.

28b. It is not the Designer’s responsibility to fulfil the Client’s timeline or publishing schedule.

29a. The Designer cannot foresee issues that may arise regarding family obligations, personal issues, sickness and/or technical issues that may delay work. In these instances, the client will be asked to reschedule, to expect a delay, but will not be given a full refund.

29b. The Client understands they are not eligible for a refund if the Designer has addressed lateness with enough time to complete at a later date before the client needs the final files.

29c. If the Designer cannot get final files delivered within a reasonable turnaround before the Client needs them (for example, for their pre-order cut-off date), the Client is eligible to a partial refund only, forfeiting the deposit.

30a. If, for any reason, the Client requires delaying or rescheduling their allotted slot before any work has begun, they are required to rebook, or forfeit their deposit.

30b. The Designer is not liable to create a booking to accommodate the Client’s needs.

30c. The Designer remains transparent about bookings, so the Client is aware that booking availability is in high demand and may be required to wait.

 

 

PAYMENT

31a. The Client acknowledges that payment can either be made in two halves or in full.

31b. The Designer does not permit any other payment plan.

32c. The Client has no right to question prices laid out by the Designer.

32d. All other payments must be made in full and are non-refundable.

33. All bookings require a non-refundable 50% deposit to be made prior to work starting, usually from the 1st of the booking month in question.

34a. All final payments must be made within 4 weeks of approving the final design.

34b. Failure to pay within this timeframe will result in late fees of £25 per week.

34c. Files will not be sent until full payment including late fees is made.

35a. All payments must be made via the website using the links issued by the Designer.

https://www.theprettylittledesignco.co.uk/

35b. No other form of payment is allowed other than those via the website.

36a. Final files can be made once approval is given without final payment of the remaining balance.

36b. The Client is aware that no final files will be sent until they have sent receipt of final payment. This can include payment for additional files or stock images.

36c. The Designer remains owner of the final files until final payment.

37. The Client is still eligible to work under the terms and conditions laid out in this contract even after the job has been finalised and payment has been fully made.

38. The Client acknowledges additional charges may be required outside of the original packages and will be paid via the website using the relevant author add-ons set out by the Designer.

39. Payment does not authorise the Client access to PSD files or unused concepts.

40. Prices are subject to change at The Pretty Little Design Co.'s discretion.

40b. The Designer does not need to notify clients of these changes to the business.

 

 

PROJECT SUSPENSION

41a. The Designer sincerely hopes the Client trusts them to do the job to the best of their ability based on their portfolio of previous work, level of experience, and their ability to keep on top of current market and design trends.

41b. The Client agrees to listen to and take on board professional opinion.

41c. The Designer asks the Client to keep an open-mind and give everything they can to make sure the Designer understands what they are after.

41d. The Designer requests that the Client allow the Designer to have creative freedom to bring them artwork that matches their expectation, prospective audience and market while also leaning into their speciality and style of work.

41e. Failure to show trust in any aspect may result in project suspension with no return of payment or file.

42a. The Client acknowledges that a project may be suspended with no refund of money, deposit or otherwise, if the Designer feels they are not trusted to do their job.

42b. Micro-managing, outside influence, or forced direction during development of a project will not be tolerated.

42c. The Designer reserves the right to suspend any project if the Client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing a reasonable number of unique book cover ideas/concepts, uses outside sources for feedback (i.e. friends, family, author groups or anyone outside of the designer-client dynamic), lacks the ability to communicate appropriately, and/or shows reluctance in paying the final payment.

42d. Fair notice will be given to remedy the situation without resorting in the suspension or termination of the project.

42e. Any suspension or termination based on evidence for the matters mentioned in clause 42b and 42c will not result in any refunds and all design work thus developed remains the full ownership of the Designer.

43a. In the event of a project suspension, the Client cannot take the design already developed with the Designer to another designer to create.

43b. If the Client does use the concept created by the Designer, the Client is liable to make full payment of a package to cover the loss and may face legal action.

 

 

LIABILITY

44a. The Client acknowledges that their approval of a design is final, and therefore take ownership of the work created between themselves and the Designer.

44b. The Designer 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 date, in any way related to their services.

44c. The Designer cannot be held accountable for any claims, losses or injuries that occur based on errors or any other inaccuracies appearing on the website or in our clients written agreement documents, including without limitation as a result of any breach of the terms and conditions of this agreement.

45. After receipt of final files, the Client is liable to any additional charges for errors found or changes required.

 

 

CANCELLATION AND REFUND POLICY

46a. At any time, the Client or the Designer can cancel the agreement by written notice to the other party.

46b. If work is cancelled before any work has begun and without a deposit paid, the Client is not liable to a charge.

46c. The Client acknowledges the deposit is non-refundable and non-transferrable.

47a. If the Client stops or cancels a design job once it has started, the Client will have no rights to a refund, and agree to relinquish the rights to all mock-ups sent and that these are destroyed.

47b. In this instance, the Client forfeits their non-refundable deposit.

48a. At any point, under any circumstance, the intellectual copyright always remains with the Designer.

48b. Unused mock-ups may be used later for future projects, such as pre-mades, but never for other client custom work.

49a. A refund will be granted if the Designer cannot get the files to the Client within the timeline marked out in this contract.

49b. The Client is eligible to a partial refund but has no right to mock-ups and concepts.

49c. Due to the nature of intellectual property, these may be considered for pre-made covers at a later date.

DEFAMATION OF CHARACTER OR BUSINESS

50a. The Client acknowledges that by placing payment for package or service by the Designer they are agreeing to not post slanderous or hurtful comments on social media and/or third-party platforms that in any way may affect the Designer’s business.

50b.Under The Defamation Act of 2013 any posts on social media and/or third party may be liable to legal action and may be fined under this civil law.

50c. Any posts deemed slanderous from clients outside of the UK, will be dealt with similarly to clause 38a, and legal action will be taken if unfair libel is seen to have a negative impact on the business.

51a. Any issues the Client may have with any aspect of the Designer must be brought to their attention so that the issue at hand can be dealt with in a timely and respectful manner.

51b. The Designer promotes creating a positive work setting and will always strive to rectify any issues clients may have.

COMPLETE AGREEMENT

52a. This agreement is the entire agreement of all parties. No additional promises or conditions, written or oral, apply to the agreement that are not included herein.

52b. Errors do not affect the contract.

52c. These terms and conditions are non-negotiable.

52d. It is the client’s responsibility to give the correct information if they write under a penname. Both names should be stated.

52e. The Client agrees to behave under these terms set out in the contract and any future terms that may be implemented by the Designer.

52f. It is the client’s responsibility to read the terms and conditions listed out by the Designer and The Pretty Little Design Co.

52g. By paying the minimum of a non-refundable deposit the Client is agreeing to these terms and conditions even without signing the contract.

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