Terms of Service Agreements

Below is a copy of both Terms of Service Agreements. The wording is adapted for either Custom or Pre-Made covers, though the sentiment is the same. Please be sure to read the terms that apply to your project!

Jump to: Terms of Service: Custom Art | Terms of Service: Pre-Made Covers


Terms of Service Agreement For Custom Art

Summary: We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract we avoid complicated legal terms or large passages of unreadable text whenever we can. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

In short: You are purchasing from Paper & Sage Design, located at 100 E. Main, Wilmore, KY, custom art, as described via previous correspondence, or for Custom Cover Art specifically, as described on the following webpages: http://paperandsage.com/site/custom-cover-info/ and http://paperandsage.com/site/print-layout-gallery/ and http://paperandsage.com/site/how-it-works-the-process-of-cover-art/.

In more detail: As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. Any files and information that are needed for preparation of the artwork must be delivered to Paper & Sage at least five business days before the week that we have scheduled for your project. Failure to provide this information (including, but not limited to, stock images, title details, trim size for print layouts and any other requested details) will result in cancellation of your project without refund.

If a need arises to re-schedule a project, please inform Paper and Sage as soon as possible. In the case that the request is submitted less than 10 business days before the previously agreed-upon start date of the project, the deposit can not be applied to the reservation of another week.

You agree to review our work, provide feedback and sign-off approval in a timely manner too. Projects at Paper & Sage are scheduled by the week. Final approval is expected by the Friday of the scheduled week. If absolutely necessary, the project can be extended for three business days. At this point, we will discuss re-scheduling your project, which will include a rescheduling fee, or the contract will be terminated without refund and without the transfer of any files created for the project. If the project is not rescheduled within 60 days, the files and resources may be deleted or used for another project.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.

This contract includes cover art as defined by the current terms of service listed on PaperandSage.com regarding Custom Covers (http://paperandsage.com/site/custom-cover-info/ & http://paperandsage.com/site/print-layout-gallery/), including the number of revisions and number of stock photographs included in the package you have purchased. If you’re not happy with the design at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the currently hourly rate. Further, any unused or rejected designs may be used by Paper and Sage in any other project, as Paper and Sage sees fit, including, but not limited to, sale as a Pre-Made Cover or offered to another client.

This contract also includes any other custom artwork as defined by terms agreed upon beforehand, whether verbally or in written form. If further work is needed beyond the agreed upon terms, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the currently hourly rate.

Final Approval: All approvals via the Proofs site (proofs.paperandsage.com) are absolutely final. You may request changes after final approval is given if necessary, but additional fees will apply and any deadline for delivery of finalized files is no longer guaranteed.

Original artwork files are NOT included as part of the final product of any design work performed by Paper & Sage. However, if you absolutely must have access to an editable file, inform Paper & Sage immediately and state your intended use of the file. Paper & Sage does not promise to deliver editable files for any reason, but if we agree that editable files will be provided, additional fees will apply.

Stock Photography: If the custom artwork you have purchased includes stock photography, you are responsible to maintain the Terms & Conditions related to that stock. A copy of the agreement will be provided by Paper & Sage Design upon request.

Paper & Sage does rely often on stock photography, so there is a chance that another author or designer will use the same image and thus Paper & Sage Design can not be held liable in such a circumstance.

Legal Stuff: It is agreed that Paper & Sage Design is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client via the Proofs site (proofs.paperandsage.com), committed to print or posted in view of the public. Paper & Sage Design will not be held responsible for any changes or amendments after approval. It is the sole responsibility of the client to notify Paper & Sage of any such errors during the revision cycle and before the final files have been generated. Paper & Sage can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of any errors approved by the client.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights: You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the design are either owned by your good selfs, or that you have permission to use them.

When we receive your final payment, copyright is assigned as follows:

You are licensed to use the graphics and other visual elements for the purpose(s) for which they were created. This is a personal and royalty-free license to use the work produced by Paper & Sage in the designated manner. Any changes to the art or sub-licensing to others must be pre-approved by Paper & Sage.

We will provide a copy of the finalized files and you should store them safely as we are not required to keep them. We will not provide any native source files that we used in making the finalized files. Finalized files consist of ready-to-use artwork. Though the following list is not all-inclusive, these are the standard for commonly produced items at Paper & Sage: ebook covers, a high-resolution JPG; print layouts for book covers, a press-ready PDF; social media and web banners, a high-resolution JPG; bookmark, business card, and postcard designs, a high-resolution JPG; digital box sets and digital collections, a high-resolution JPG; interior graphics, a high-resolution JPG. Any deviation from these will need to be discussed with Paper & Sage and may require an additional fee.

You own text content, photographs and other data you provided, unless someone else owns them. The Terms & Conditions of the stock photography purchased for inclusion in the final design are assigned to the client and applicable to your use of the finalized files. It is your responsibility to ensure proper attribution is given where necessary for any resources included in the finalized files.

We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about design.

The Not-So-Small Print: Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although we did our best to keep the language simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of courts within the United States of America.

By purchasing custom artwork from Paper & Sage Design, which includes custom covers as well as other projects, you agree to the above terms & affirm that you have read and understood them fully.


Terms of Service Agreement for Pre-Made Cover Art

Summary: We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract we avoid complicated legal terms or large passages of unreadable text whenever we can. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

In short: You are purchasing from Paper & Sage Design, located at 100 E. Main, Wilmore, KY, the agreed-upon pre-made book cover.

In more detail: As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.

This contract includes the purchased design plus the opportunity for you to make revisions as offered on the “Optional Revisions” page of Paper&Sage.com (http://paperandsage.com/site/2013/04/optional-revisions/). If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the hourly rate.

Final Approval: All approvals via the Proofs site (proofs.paperandsage.com) are absolutely final. You may request changes after final approval is given if necessary, but additional fees will apply and any deadline for delivery of finalized files is no longer guaranteed.

Original artwork files are NOT included as part of the final product of any design work performed by Paper & Sage. However, if you absolutely must have access to an editable file, inform Paper & Sage immediately and state your intended use of the file. Paper & Sage does not promise to deliver editable files for any reason, but if we agree that editable files will be provided, additional fees will apply.

Stock Photography: If the pre-made cover you have purchased includes stock photography, you are responsible to maintain the Terms & Conditions related to that stock. A copy of the agreement will be provided by Paper & Sage Design upon request.

Exclusivity: Pre-made designs created by Paper & Sage Design are sold exclusively to one customer. Pre-made covers are never re-sold. However, Paper & Sage does rely often on stock photography, so there is a chance that another author or designer will use the same image and thus Paper & Sage Design can not be held liable in such a circumstance.

Legal Stuff: It is agreed that Paper & Sage Design is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. Paper & Sage Design will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify Paper & Sage Design of any such errors during the revision cycle and before the final files have been generated. We can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of any errors approved by the client.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights: You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the design are either owned by your good selfs, or that you have permission to use them.

When we receive your final payment, copyright is assigned as follows:

You are licensed to use the graphics and other visual elements for the purpose(s) for which they were created. This is a personal and royalty-free license to use the work produced by Paper & Sage in the designated manner. Any changes to the art or sub-licensing to others must be pre-approved by Paper & Sage.

We will provide a copy of the finalized files and you should store them safely as we are not required to keep them. We will not provide any native source files that we used in making the finalized files. Finalized files consist of ready-to-use artwork. Though the following list is not all-inclusive, these are the standard for commonly produced items at Paper & Sage: ebook covers, a high-resolution JPG; print layouts for book covers, a press-ready PDF; social media and web banners, a high-resolution JPG; bookmark, business card, and postcard designs, a high-resolution JPG; digital box sets and digital collections, a high-resolution JPG; interior graphics, a high-resolution JPG. Any deviation from these will need to be discussed with Paper & Sage and may require an additional fee.

You own text content, photographs and other data you provided, unless someone else owns them. The Terms & Conditions of the stock photography purchased for inclusion in the final design are assigned to the client and applicable to your use of the finalized files. It is your responsibility to ensure proper attribution is given where necessary for any resources included in the finalized files.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about design.

The Not-So-Small Print: Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of courts within the United States of America.

By purchasing a pre-made cover from Paper & Sage Design, you agree to the above terms & affirm that you have read and understood them fully.


Updated: June 2016

 


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