The following Terms and Conditions only apply with regards to an existing contractual agreement between the Client and Wyldwood Books, a sole trader (hereinafter referred to as the “Designer”).
1. PROJECT AND PAYMENT.
1.1 Project. The Client is hiring the Designer to perform an agreed-upon service (the “Project”) as stipulated within the Contract.
1.2 Schedule. The Designer will begin work on receiving the initial payment (Section 1.3) and will provide the Client with the completed Project by an agreed-upon date (“Due Date”) stipulated within the Contract, unless otherwise agreed on in writing or in the case of delayed payment by the Client.
1.3 Payment. The Client will pay the Designer a fee agreed upon within the Contract to be paid in British Pound Sterling (GBP). Of this amount, the Client will pay the Designer 50% before work begins with the remaining amount to be paid upon completion of the Project.
1.4 Additional Expenses. Any additional expenses incurred during the Project will be added to the final invoice and paid for by the Client based on the Client’s prior approval.
1.5 Invoices. The Designer will initially invoice the Client prior to the commencement of the Project. This constitutes the deposit whereupon receipt of payment shall lead to the commencement of work. The Client will then be invoiced for the remainder of the balance upon completion of the Project. The Designer will not release finished files to the Client until final payment has been received.
1.6 Final Approval. Final payment is also final approval of the Project, and any contract will be considered fulfilled and thus, terminated.
2. SUPPORT AND DELIVERY.
2.1 Support. The Designer agrees to provide a maximum of four rounds of revisions, as needed, within the agreed-upon time frame (Section 1.2) for the Project. Additional alterations are charged at £10 per revision.
2.2 Final Delivery Of Project. The Designer will provide the completed Project (“Work Product”) no later than the Due Date, or an amended date agreed on in writing, unless unforeseeable events occur, through no fault of the Designer, that may delay production. These events include, but are not limited to, crimes against the Designer, Covid 19, and labour strikes. The Work Product will be provided by way of electronic transfer, size permitting, or via a link where not, upon receipt of final payment.
3. MEDIA DESIGN SERVICE CONTENT.
3.1 Print Cover. A Project that contains a print book cover includes one or all of the following:
(i) A complete paperback book cover design and layout of the front, back and spine set to the Client’s printer specifications. The Client must supply or direct the Designer to the printer’s template and/or specifications or written specs.
(ii) A high-resolution, print-ready PDF of the cover to send to the Client’s printer.
(iii) An ISBN bar code placed on the back cover. The Client must supply the Designer with the ISBN. This will be left blank if the ISBN is to be assigned by a Print-On-Demand service.
(iv) Obtaining free stock images for use in the book cover design. If the Client has specific image requests from a stock agency, additional charges may apply (Section 1.4).
(v) Digital delivery of the included cover files.
3.2 E-book Cover. A Project that contains an e-book cover includes the following:
(i) A high-resolution JPEG file formatted for use as an e-book cover. The Client must supply or direct the Designer to specifications or written specs regarding cover size required.
(ii) Obtaining free stock images for use in the e-book cover design. If the Client has specific image requests from a stock agency, additional charges may apply (Section 1.4).
(iii) Digital delivery of the included cover files.
3.3 Audio-Book Cover. A Project that contains an audio-book cover includes the following:
(i) A high-resolution JPEG file formatted for use as an audio-book cover. The Client must supply or direct the Designer to specifications or written specs regarding cover size required.
(ii) Obtaining free stock images for use in the audio-book cover design. If the Client has specific image requests from a stock agency, additional charges may apply (Section 1.4).
(iii) Digital delivery of the included cover files.
3.4 Book Trailer. A Project that contains a book trailer includes one or all of the following:
(i) An MP4 (H.264) 16:9 video file finalised to the Client’s specifications and usable on popular web services, e.g. YouTube, personal website, etc. The Client must supply or direct the Designer to specifications or written specs for other specific sites or required dimensions.
(ii) Obtaining free stock images, music, or SFX for use in the book trailer. If the Client has specific image, music, or SFX requests from a stock agency, additional charges may apply (Section 1.4).
(iii) Digital delivery of the included video files.
3.5 Promotional And Branding Images. A Project that contains promotional images and/or branding includes the following:
(i) A high-resolution JPEG file formatted for use as a mock-up, promotional image/banner, or inclusion in newsletters or other promotional materials. The Client must supply or direct the Designer to specifications or written specs regarding image size required and whether a digital or ready-for-print file is required.
(ii) Obtaining free stock images for use in the promotional image design. If the Client has specific image requests from a stock agency, additional charges may apply (Section 1.4).
(iii) Digital delivery of the included mock-up, promotional image, or brand logo.
4. BOOK INTERIOR SERVICE CONTENT.
4.1 Print Interiors. A Project that contains print layouts and formatting includes the following:
(i) A complete print book layout set to the Client’s printer or Print-On-Demand specifications. The Client must supply or direct the Designer to specifications or written specs regarding the dimensions of the final book.
(ii) A print-ready PDF of the book to send to the Client’s printer or Print-On-Demand service.
(iii) Obtaining free fonts and ornamentation for use in the interior design. If the Client has specific font requests from a stock agency, additional charges may apply (Section 1.4).
(iv) Digital delivery of the included files.
4.2 E-book Interiors And Print-to-Ebook Conversion. A Project that contains e-book layouts and/or print-to-ebook conversion includes the following:
(i) A complete e-book formatted and checked to EPUB and MOBI standards.
(ii) Obtaining free fonts and ornamentation for use in the e-book design. If the Client has specific font requests from a stock agency, additional charges may apply (Section 1.4).
(iii) Digital delivery of the included files.
5. EDITING SERVICE CONTENT.
5.1 Proofreading. When a Project contains proofreading services, the Designer will correct punctuation, grammar, spelling, usage, typos, and capitalisation based on the Clients preference for either British or American English. Proofreading does not include fact-checking or any other services not specified in this agreement.
5.2 Copy-editing. When a Project contains copy-editing services, the Designer will correct punctuation, grammar, spelling, usage, typos, and capitalisation based on the Clients preference for either British or American English. The Designer may also note problems with clarity, consistency, and word choice. Copy-editing does not include fact-checking or any other services not specified in this agreement.
5.3 Software. The Designer will make corrections using the Microsoft Word or Apple Pages Track Changes function, depending upon the Client’s preference, and return the edited file electronically to the Client upon receipt of final payment. The Client is responsible for accepting or rejecting all changes once proofreading or copy-editing is complete.
5.4 Accountability. All documents are edited to a high standard. The Designer provides service to the best of their ability and cannot guarantee that the written documents are “perfect” or “without error.” The Designer provides no guarantee that the Client’s work will be completely error-free.
6. OWNERSHIP, LICENSES AND ATTRIBUTION.
6.1 Client Owns Work Product. The Designer grants the Client the right to use the Work Product without restriction, worldwide, once the Client pays the final balance. The Client can use the Work Product however they want or decide not to use the Work Product at all. The Client, for example, can modify or destroy it as they see fit.
6.2 Designer Owns Work Files. The Designer retains copyright and ownership of all design and draft materials (“Work Files”) not provided by the Client. For example, PSD’s, AI’s, TIFF’s, etc. These are not considered part of the Work Product.
6.3 Client Materials. If the Client provides the Designer with material to incorporate into the Project, the Client promises that this material does not infringe on someone else’s intellectual property rights. The Client acknowledges that they have 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. The Client agrees to indemnify, hold harmless and defend the Designer from any and all copyright and permission infringement action resulting from materials the Client provides. The material (and/or any book material) the Client provides must not be a public domain work (unless the Client is the original author).
6.4 Credit For The Project. The Client grants the Designer the right to include attribution upon book covers and within book trailers. In the case of book covers, this shall be in small print on the back cover of the paperback/hardcover and within the imprint page of e-books. Attribution shall be as follows: Cover Design by Wyldwood Books. Regarding book trailers, a credits section shall be added, as needed, for any obtained material, unless otherwise agreed upon in writing, whereupon the Designer’s logo shall be added to the end of said credits.
6.5 Marketing. The Designer retains the right to use the Client’s name and book title on the Wyldwood Books website and to market and promote his services.
7. TERM, TERMINATION AND EXEMPTIONS.
7.1 Term and Termination. Any contract between the Client and Designer ends on the stipulated date within the Contract (Section 7.1) unless the Client or the Designer ends the Contract before that time. Either party may end the Contract for any reason by sending a letter or email to the other party, informing the recipient that the sender is ending the Contract. If either the Client or the Designer cancels a project before work has started, i.e. before the initial payment is made, neither the client nor the Designer is under further obligation to the other, and the Contract will be considered terminated. If the Client should stop or cancel the Project once it has started, the Client agrees to forfeit the initial payment made (Section’s 1.3, 1.5). 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 mock-ups or samples sent to the Client and agrees to destroy them. If the Designer should stop or cancel the Project once it has started, then the Designer agrees to refund the initial payment made by the Client within a period of 7-14 days. In such event, no damages, suits, actions, or proceedings shall be claimed, instituted or maintained by the Client against the Designer.
7.2 Exemptions. The following sections don’t end even after the Contract ends: 6 (Ownership, Licenses and Attribution); 8 (Confidential Information and Data Protection); 9 (Limitation of Liability); 10 (Indemnity); and 11 (General).
8. CONFIDENTIAL INFORMATION AND DATA PROTECTION.
8.1 The Client’s Confidential Information. All client information and materials are considered confidential and only for use by the Designer to provide a quote or complete the Project. Client information and project materials will not be given out or shared with any third party, unless otherwise requested by the client.
8.2 Data Protection. Each party shall comply with its relevant obligations under the Data Protection Act 1998 and associated codes of practice when processing personal data in connection with an agreed contract.
9. LIMITATION OF LIABILITY.
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 data, in any way related to the Project. The Designer is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on its website or in the Clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.
The Designer agrees that it is the sole creator of the Project and has the right to use all materials sourced for the purpose of the Project. The Client indemnifies and holds harmless the Designer against any and all claims, actions, demands, etc., arising from the use of the Project. This includes, but is not limited to, actions involving using copyrighted images that the Client may have provided without the consent of the original holder.
11.1 Assignment. Any Contract between the Client and the Designer applies only to the Client and the Designer.
11.2 Mediation. If a dispute arises about the Contract, the parties first must try to settle it through mediation. The parties will agree to the mediator and share the costs of the mediation. Each party agrees to cooperate with the mediator and to try to reach a mutually satisfactory compromise. If the dispute is not resolved in 30 days after one party notifies the other in writing of its desire for mediation, either party may take the matter to court.
11.3 Modification; Waiver. To change anything in the Contract, the Client and the Designer must agree to that change in writing and sign a document showing their Contract. Neither party can waive its rights under the agreed Contract or release the other party from its obligations under that Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
11.4 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.
11.5 Third Party Rights. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the existing Contract.
11.6 Governing Law and Jurisdiction. The laws of England and Wales govern the rights and obligations of the Client and the Designer (both contractual and non-contractual) under an agreed Contract, without regard to conflict of law principles. The courts of England and Wales shall have exclusive jurisdiction in determining any dispute (whether contractual or non-contractual) under or in connection with the agreed Contract.
11.7 Entire Contract. Any agreed Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in the Contract. The agreed Contract supersedes all other contracts (both written and oral) between the parties. Nothing in this paragraph excludes either party’s liability for fraud.