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 5mediadesign doo 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 5mediadesign doo 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. 5mediadesign doo’s fee for design of a print book cover includes the following:
4. 5mediadesign doo’s fee for design of an e-book cover includes the following:
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.
5. Upon receipt of full payment, 5mediadesign doo 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.
6. 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 5mediadesign doo. The client understands that additional payments may be required to make these alterations.
7. The client agrees to abide by the terms of any license agreement for any images purchased by 5mediadesign doo through a third-party image provider for use in client’s book cover design. The cost of cover design includes the standard 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.
8. 5mediadesign doo retains the right to use client’s final book cover design, name, and book title in 5mediadesign’s portfolio and to market and promote our services. 5mediadesign doo retains copyright and ownership of all design and draft materials.
9. If the client supplies 5mediadesign doo 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.
10. 5mediadesign doo requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such: “Cover design by Marko Markovic, 5mediadesign”
11. Client is fully responsible for proofing the book cover design provided by 5mediadesign doo. 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 5mediadesign doo 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.
12. 5mediadesign doo 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. 5mediadesign doo 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.
13. 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. 5mediadesign doo 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. 5mediadesign doo 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.
14. The client or 5mediadesign doo may cancel this agreement at any time by providing written notice to the other party. If either client or 5mediadesign doo cancels a project before work has started, neither the client nor 5mediadesign doo is under further obligation to the other, and this contract will be considered cancelled.
15. 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.
16. 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
17. 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.
18. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.