TERMS AND CONDITIONS
The designer will be referred as «KimG Design» and/or «I»
Customer will be referred as «Client» and/or «You» and/or «he/she».
Using the website www.KimG-Design.com and/or Contacting KimG Design is the agreement to the terms and conditions listed below.
KimG Design can modify or complete these terms and conditions without prior notice, website users are invited to consult this page often.
-Timeline :
varies per services, depends on feedbacks and revisions requested.
-Stock images :
The client agrees to abide by the terms of any license agreement for any images purchased by KimG Design through a third-party image provider for use in the client's book cover design. ( The images are royalty-free, however, the photographer owns the copyright to those photographs, they can’t be distributed in any manner other than in the book cover design & promotional materials. )
The cost of a book cover design includes the STANDARD License to use images, it’s limited to a print-run of 250,000 copies.
For books with a print run over 250, 000 copies or/and if the client wants to create resale items (such as T-shirt, notebooks, mugs,... ect) he/she must purchase EXTENDED licenses for each image with a major role in the artwork.
An EXTENDED License costs around 90$ (per image), at least 2 images will be used in a «Complex Design». KimG Design can send a link through each picture used in the design, so the client can purchase an EXTENDED license.
-> If you order a «Complex Design» my goal is to create a cover that will be as close as possible to your idea/expectations, if your description is very detailed, I will need to work with more pictures to create the best artwork.
If you want me to use a limited number of pictures, please let me know before I start working on your design.
-Supplied material :
If the client supplies KimG Design with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing KimG Design 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.
-Print :
Client is fully responsible for proofing the book cover design provided by KimG Design. It is strongly suggested that the client requests a proof from the printer before publishing or ordering any copies of the book. At no time will KimG Design be held financially or legally responsible for any problems, costs, fees or expenses incurred by the client as a result of using the book cover design.
-> In order to format your book cover for print, I will require the book trim size, the paper color (cream or white) and final page count. (some distributors may request additional infos : IBSN, laminate type,... ect)
If you do not have these infos at your booked date, you can send them later, I require 72hours (working days) to format the PDF file.
If your book is printed with a local printer, I will require a template book cover (or exact book dimensions : full wrap, spine and bleeds) .
-Payment :
Client is not permitted to use any design in any way if it has not been paid for in full. (Unless allowed by KimG Design for any reason)
A 25% of the price fixed is requested to reserve a spot, remaning balance is due upon design approval, before KimG Design send the final files.
Please send your payment in euros (€) via Paypal at KimGDesignPAYMENT@gmail.com.( We can arrange some payment facilities if needed. )
-Credits :
By using the final design(s) provided by KimG Design, client agrees to credit the company in the following ways:
« www.KimG-Design.com » will be placed on the back cover (with stock image credits).
And « Book Cover Design : © KimG Design » (with stock image credits) should be placed in the « infos/copyrights » part inside the book.
-Cancelation :
If the client cancels a project before KimG Design starts working on the Design client loses his/her deposit.
If the client cancels a project after brainstorming, mock ups, and/or preliminary designs he/she must pay a cancellation fee that will depends on how much work and time has been put in prior to the cancellation.
By canceling a project the client understands that he/she won’t have any right to use the design(s) in any way, any suspension, or termination, will not result in any refunds.
-Rights :
Upon receipt of full payment, KimG Design grants the client exclusive international & lifetime rights to use the final design for his/her book and/or e-book cover and associated promotional materials.
KimG Design still hold full rights (copyright and ownership) over all the versions of the design.
The client or other third party are not permitted to : alter the design in any way, claim the design as their own or resell the design without consent.
If the client desires any alterations, he/she will consult KimG Design (any change after cover approval will incur an additional fee).
Client is not permitted to take ebook covers designed by KimG Design and have another entity design the print/spread.
Full rights can be transferred at double the original price of a cover.
If client purchases full rights of the design from KimG Design, he/she will obtain the fully editable layered photoshop file and will be allowed to make changes and use the design for everything he/she wants.
The client understands that buying full rights of the design from KimG Design does not include Stock Image Fees.
If client does not buy EXTENDED licenses for the stock images used in the artwork, he/she must be sure to respect the Image Bank Website Terms of Use.
If the client does not purchase full rights and sign a publishing contract, the publishing company must contact KimG Design if she intends to use the same cover.
-Liability :
The client acknowledges that 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 the copyrights, trademarks and ownership claimed by the client.
Client agrees to indemnify, hold harmless and defend KimG Design from any and all libel and copyright and permission infringement action resulting from materials client provides. The book material client provides should not be a public domain work (unless client is the original author).
KimG Design 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. KimG Design 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.
-Terms :
KimG Design is free to decline any project.
KimG Design is allowed to display and exhibit client’s design, name and book title for promotional purposes of KimG Design.
KimG Design has the right to reuse the fonts, textures, actions and stock images previously used in other designs though no specific final design will ever be reused. Each one is exclusive.
KimG Design can change prices without prior notice (Prices already approved for a project will remain unchanged.)
A project is considered fulfiled when payment has been made in full by the client and final files have been sent by KimG Design.
BY USING WWW.KIMG-DESIGN.COM & CONTACTING KIMG DESIGN, THE USER/CLIENT ACCEPTS ABOVE STATED TERMS AND CONDITIONS.